Flashcards Studio

Congress enacted the National Data Safety Act. Section 1 authorizes the Data Safety Commission to issue rules for data brokers that are "reasonably necessary to prevent substantial consumer privacy harms, considering compliance costs and technological feasibility." Section 2 creates a board made up of five executives from the largest data-broker companies and authorizes the board to set binding fee schedules for all smaller data brokers, subject only to ministerial filing by the Commission. Section 3 allows the Commission, during any "digital emergency," to restructure any online advertising market if the Commission concludes that doing so would advance the public interest.
Small data brokers challenge the Act on separation-of-powers grounds. The Commission argues that Congress may use expertise and broad standards to address modern technology.
Analyze the delegation, private-delegation, and major-questions issues raised by the three sections.