On August 30, 2019, Cause of Action Institute (CoA) filed an amicus brief in the Ninth Circuit in support of Qualcomm in FTC v. Qualcomm, Inc., No. 19-16122. This unprecedented, highly controversial case of international importance represents FTC’s latest ultra vires attempt to expand its powers. It does so here by seeking to transmogrify an alleged breach of contract into an antitrust violation. A former FTC Commissioner, a current FTC Commissioner, the U.S. Department of Justice, numerous other federal agencies, a former Chief Judge of the Federal Circuit, leading antitrust scholars, and others all publicly oppose FTC’s wayward lawsuit against Qualcomm. Learn More
Archives for 2019
08/20/2019
FEC IG Report Leaves Weintraub Unchecked
In February 2017, Cause of Action Institute asked the Inspector General (“IG”) for the Federal Election Commission (“FEC”) to look into statements made by Commissioner Ellen Weintraub. We recently obtained a copy of the IG’s report on the issue, clearing Commissioner Weintraub of wrongdoing. Learn More
08/9/2019
Investigation Update: The VA continues to subject certain FOIA requests to “sensitive review,” but the agency is keeping records about the practice secret
Over the past year, Cause of Action Institute (“CoA Institute”) has been investigating the Department of Veterans Affairs for its continued politicization (here, here, and here) of the Freedom of Information Act (“FOIA”). That politicization takes the form of “sensitive review,” which refers generally to the practice of giving certain FOIA requests extra scrutiny. Sensitive review usually entails an additional layer of review or “consultation” with interested parties before potentially embarrassing or politically sensitive records are released to the public. At its best, it almost always causes delay. At its worst, it leads to intentionally inadequate searches, politicized document review, improper redaction, and incomplete disclosure. Learn More
08/8/2019
The EPA bypassed public comment on its new FOIA regulations, which raises some important legal questions
The Environmental Protection Agency (“EPA”) has long struggled with the politicization and abuse of its Freedom of Information Act (“FOIA”) processes. Indeed, as Cause of Action Institute (“CoA Institute”) has repeatedly argued, the agency has a “terrible track record for anti-transparency behavior”—from the weaponization of fee waivers and the use of undisclosed “alias” e-mail accounts, to the failure to preserve text messages and the creation of special “awareness review” procedures for politically sensitive FOIA requests. Yet the EPA’s rather poor reputation plunged even further in late June 2019, when the agency published an unexpected direct final rule implementing various changes to its FOIA regulations. Learn More
08/7/2019
The D-Link Systems’ Consent Order Explained
On Tuesday, August 6, 2019, the U.S. District Court for the Northern District of California entered a consent order between the Federal Trade Commission (“FTC”) and D-Link Systems, Inc., a U.S. company that is a global leader in connectivity for home, small business, mid- to large-sized enterprise environments, and service providers, resolving an FTC lawsuit alleging that D-Link Systems’ security practices violated Section 5 of the FTC Act. The D-Link Systems order marks the close of the first ever litigated FTC action over the application of Section 5 to the security practices used for Internet of Things (“IoT”) devices. This result is good for D-Link Systems, and good for the FTC.
08/6/2019
Court Approves Consent Agreement in Federal Trade Commission v. D-Link Systems
WASHINGTON D.C. (August 6, 2019) – Today, the U.S. District Court for the Northern District of California entered a consent order between the Federal Trade Commission (“FTC”) and D-Link Systems, Inc. Cause of Action Institute has represented D-Link Systems throughout this matter. This joint resolution resolves the FTC’s allegations about the security practices D-Link Systems used for its products. D-Link Systems is an industry leader in Internet of Things (“IoT”) and networking solutions.
07/24/2019
CoA Institute Commends Bipartisan Group of Senators for Introducing FOIA Bill to Correct the Supreme Court’s Decision on Exemption 4
Washington, D.C. (July 24, 2019) – Cause of Action Institute (“CoA Institute”) commends Senators Grassley, Leahy, Cornyn, and Feinstein for introducing the Open and Responsive Government Act of 2019 (S. 2220), a bill that would correct the Supreme Court’s recent misinterpretation of Exemption 4 within the Freedom of Information Act (“FOIA”). The bill would clarify that the term “confidential” in Exemption 4 only protects information that, if disclosed, “would likely cause substantial harm to the competitive position of the person from whom the information was obtained.” Last term, in Food Marketing Institute v. Argus Leader, the U.S. Supreme overturned that long-settled interpretation of the term “confidential.” The bipartisan bill would re-establish the previous status quo.