Comr. Swindle Leaves FTC, Pleased with Strides in Security, Privacy
The FTC commissioner known for his folksy pragmatism and dedication to information security and consumer privacy matters is calling it quits. Orson Swindle, one of 3 Republican FTC members, said Thurs. he'll leave his post June 30. The frontrunner to succeed Swindle is said to be former FTC Gen. Counsel Bill Kovacic, who left the FTC late last year to resume teaching law at George Washington U., Swindle told Washington Internet Daily: “I'm as pleased as I can be that he'd come in and fill my shoes -- and toss the old things out of the closet too… I hope that’s the way it comes down.” Kovacic declined to comment.
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Swindle has been among the most visible, vocal commissioners since taking office in Dec. 1997. Center for Democracy & Technology Pres. Jerry Berman called Swindle an “effective leader on important issues facing the Internet and consumer protection.” He consistently has been a “spectacular mediator between industry and consumer interests… and he has encouraged, more than anything, dialogue to find common ground,” Network Advertising Initiative Exec. Dir. Trevor Hughes told us. Swindle helped the nation find good answers to questions of spam, spyware and other cybersecurity, he said.
Most of Swindle’s pet projects revolved around high tech and he was eager to join debates over how to protect the public while preserving companies’ prosperity. He firmly believes business ultimately will deliver solutions to the vexing problems of data security breaches and consumer privacy. “It’s their baby and the vulnerabilities that are there are not intentionally there. It’s the product of moving technology,” he said: “It’s up to the private sector to join in and, where appropriate, government can chime in and beat them over the head -- and I was good at that.”
The privacy debate at the FTC began with outcry from some who wanted to impose what Swindle called “extremely burdensome and most likely not very effective rules” on businesses and organizations. The discussion evolved, as did technology and threats from hackers. Swindle opposed what he felt were attempts to regulate too vigorously, drawing ire from some peers. Swindle urged the FTC to fight what he deemed “onerous regulations” with the belief that business would make the changes out of necessity. “When your competitors are out implementing good privacy practices and fully respecting the data of other people, you're inclined to do it yourself, lest you be left behind,” Swindle said. The current climate for personal privacy isn’t perfect, but improvements have been made and he’s proud of them.
Looking back, one of the Commission’s greatest challenges during Swindle’s tenure was the realization of how difficult it is to spread the word about information security and privacy “and get it to sink in,” he said: “You come to appreciate some of the things you learn in a political campaign: You can run the ad ‘X’ number of times but to win them over, you have to run it ‘30-X’ times.” Swindle was a Republican candidate for Congress in Hawaii in 1994 and 1996.
Swindle said the “sad thing” is that if the nation doesn’t find a way to stop security breaches, “we stand the possibility of diminishing consumer confidence in a medium that dominates our lives.” Swindle hopes to continue work on the information security problem wherever he lands. He wouldn’t reveal his plans, saying he’s “listening” for opportunities that will let him stay involved with security and privacy.