Will Trump’s pick to lead the FTC halt privacy rulemaking, AI enforcement?

Andrew N. Ferguson is President-elect Donald Trump’s choice to head the Federal Trade Commission (FTC). If approved by the Republican-controlled Senate, his selection could indicate an inclination by the incoming Trump administration to deprioritize FTC rulemaking and enforcement activities related to data privacy and AI. This also could indicate a broader regulatory philosophy that emphasizes legislative action over administrative rulemaking.

Ferguson’s stated regulatory philosophy and strategic priorities, if implemented as FTC chair, would have profound implications for industry and consumers. Critics argue that this shift would mean that critical privacy issues will be given short shrift as technologies like AI and data analytics rapidly evolve and outpace regulatory schema.

Meanwhile, Trump announced that he intends to nominate Mark Meador to be an FTC commissioner. Meador is a partner at Washington, D.C.-based Kressin Meador Powers. He also was an antitrust counsel to Republican U.S. Senator Mike Lee. While specific details about Meador’s positions on privacy and AI regulation are scant, given his antitrust expertise it is plausible that he would advocate for a more balanced approach to regulation, aiming to foster innovation while ensuring consumer protection, a perspective that aligns with the broader Republican emphasis on limited government intervention and market-driven solutions.