Law professor and FTC commissioner urge strong enforcement and private lawsuits to make privacy laws effective

Daniel Solove, a law professor at George Washington University Law School, told the Vermont committee that enforcement is the central determinant of whether a privacy law will be effective. Solove said government agencies are underfunded, politically constrained and selective about cases; he cited that the Federal Trade Commission brought roughly 101 internet privacy enforcement actions between 2009 and 2019 and described the FTC's 2025 budget figure as an example of resource limits.

"A private right of action is essential for an effective privacy law," Solove said, arguing that private litigation deputizes attorneys general, increases transparency through discovery and provides compensation to harmed individuals in ways government fines typically do not.

FTC Commissioner Slaughter told lawmakers details matter: rules that merely rely on notice‑and‑choice are often ineffective and enforcement needs remedies that create meaningful deterrence. "How the law is crafted matters," Slaughter said, urging limits on collection, retention and use and remedies that make violations costly enough to deter noncompliance.

Both witnesses described tradeoffs: Solove acknowledged private litigation can be controversial and costly, and Slaughter warned that a law without meaningful prohibitions or remedies can create the illusion of protection without enforceability.

Provenance: testimony by Daniel Solove and Commissioner Slaughter (transcript SEG 731–SEG 1296).