People cheerleading a higher unilateral fine for Facebook from the FTC aren’t thinking this through. If they can existentially fine Facebook on a pretext, they can find a pretext to fine Apple for not unlocking phones.
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I agree with the theory there though not with the argument that $5B is somehow not painful to Facebook, but more broadly: it can’t be FTC’s job to simply invent a vast, existentially threatening fine, unmoored from prior jurisprudence. Nobody elected them.
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It’s not that I don’t want to see Facebook put out of business (I dearly would), but the “how” matters a lot to me.
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