# FTC Commissioners Fight Back After Alleged Illegal Firings, Sounding the Alarm on Tech, Bribery, and Privacy

## FTC Commissioners Fight Back After Alleged Illegal Firings, Sounding the Alarm on Tech, Bribery, and Privacy

In a recent episode of *Decoder*, Nilay Patel of *The Verge* hosted a panel with former (or perhaps, liminal) FTC commissioners Rebecca Slaughter and Alvaro Bedoya. The discussion was far from typical, given the extraordinary circumstances surrounding the commissioners’ recent terminations by former President Donald Trump, which they are contesting in court.

Slaughter and Bedoya detailed receiving an email from the Presidential Personnel Office announcing their immediate termination. They contend that the firings violate a 90-year-old Supreme Court precedent, *Humphrey’s Executor v. United States*, which protects FTC commissioners from being removed without cause (neglect, malfeasance, or inefficiency). They are now suing the administration to get their jobs back, prepared to take the case all the way to the Supreme Court.

“This is not a complicated case,” Slaughter stated, emphasizing that the law explicitly requires cause for removal, which was neither alleged nor present. Bedoya argued that this case goes beyond their individual positions, impacting the independence of vital institutions like the Federal Reserve and the SEC, ensuring stable regulatory and enforcement environments.

The conversation then shifted to the FTC’s ongoing work, including the antitrust trial against Meta. Patel questioned why Meta’s donations and access to the Oval Office didn’t deter the government from pursuing the case. Slaughter bluntly responded: “Bribery is bad even if it doesn’t work.” Both commissioners expressed concern about the implications of even attempted bribery on the rule of law and the integrity of the democratic process.

Regarding the FTC’s lawsuit against Amazon, the commissioners defended its merits, rejecting the notion that it’s solely tied to Lina Khan’s controversial tenure. Slaughter emphasized that the case demonstrates Amazon’s alleged exercise of monopoly power by raising prices for both consumers and sellers. Bedoya added that Amazon allegedly penalizes third-party sellers for offering lower prices on other platforms, hurting both consumers and small businesses.

Addressing the Meta trial, Slaughter explained that the core issue is whether Meta strategically acquired competitors like Instagram and WhatsApp to stifle competition. The discussion then turned to the effectiveness of various antitrust remedies, with Slaughter suggesting that “structural remedies,” such as breakups, are often more effective and less intrusive than complex compliance regimes.

The commissioners also tackled the pervasive sense of nihilism surrounding privacy in the digital age. While acknowledging the challenges, they cited Apple’s “ask not to track” feature as evidence that people do value privacy. Bedoya noted changing user behavior, such as increased use of encrypted messaging apps, as further evidence of a growing concern for privacy.

Finally, the conversation touched upon the promises and potential pitfalls of AI. Bedoya dismissed claims of AI replacing doctors as “idiocy.” Slaughter added that the FTC will continue to police misleading claims about AI products, emphasizing that there is “no AI exception to the law.”

Throughout the discussion, Slaughter and Bedoya underscored the importance of an independent FTC committed to administering the law “without fear or favor,” advocating for both competition and consumer protection in the digital age.

The interview is available as a podcast and offers a rare glimpse into the complexities of government regulation and the ongoing battle for privacy in the face of powerful tech companies.