Update: FTC Urges Court to Dismiss EPIC’s Effort to Compel Action Vs. Google

Our February 15 post, Court Should Dismiss Privacy Group’s Suit Vs. FTC Over Google Buzz Settlement, noted that the Federal Trade Commission would be filing its response to EPIC’s demand that FTC file a legal action against Goole for alleged violations of last year’s FTC-Google privacy settlement involving Google Buzz.

FTC filed its motion to dismiss on Friday.

The Commission’s lawyers didn’t mince words.  It suggested the court dismiss the complaint under Federal Rule of Civil Procedure 12(b)(1) “because [EPIC’s] claim is ‘so attenuated and unsubstantial as to be absolutely devoid of merit.'” The motion cites a mountain of precedent supporting the government’s use of discretion in determining when and when not to use its enforcement authority. 

And just in case the federal court feels FTC is somehow shirking its consumer protection duties, the motion devotes two pages to defending the Commission’s commitment to online privacy, stating, “the FTC takes very seriously the need to protect the privacy of consumers, and has devoted substantial resources to this effort.”

EPIC will be filing its response to FTC’s motion to dismiss today.

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