We recently noted that a Federal district court had finally set oral arguments on Wyndham Hotels’ motion to dismiss the FTC’s data security enforcement action. Now those arguments have been postponed indefinitely:
It having come to the Court’s attention that Counsel for Plaintiff Federal Trade Commission are unable to participate in this action during the pendency of the partial government shutdown, the Court hereby stays this action. Plaintiff’s counsel shall advise the court, in writing, when they are able to continue litigating this matter.
We’ve already waited nine years (through nearly 50 cases settled out of court) for the FTC to explain what constitutes “reasonable” data security. What’s a few more weeks? Our amicus brief explains why the FTC’s approach is so deeply troubling.