In this episode, Scott, Dan, and Robert discuss the FTC’s authority to issue such a broad proposed regulation, and what constitutional challenges to that authority will likely look like. In addition, we discuss legislation that has been introduced in Congress that would not only do essentially the same thing the FTC’s proposed rule would do, but it would also increase the FTC’s ability to regulate in this space. In a less certain exercise, we pontificate on the likelihood this measure will actually see the President’s desk.