Jon Leibowitz is an American attorney who served as the 53rd chair of the Federal Trade Commission (FTC) from 2009 to 2013. A member of the Democratic Party, he served as a commissioner of the FTC from 2004 to 2013.
During Leibowitz's tenure, the FTC brought privacy cases against Google, Facebook and others for violating consumer privacy, as well as enforcement against "pay-for-delay" deals in which pharmaceutical companies paid competitors to stay out of the market. Prior to joining the FTC, Leibowitz was Vice President for Congressional Affairs from 2000 to 2004 of the MPAA .
Prior to this, Leibowitz served in a variety of roles on Capitol Hill, including as a counsel to the Senate Antitrust Subcommittee in the office of Senator Herb Kohl. From 1984 to 1986, Leibowitz was an attorney in private practice in Washington, D.C. Since leaving the FTC, Leibowitz was a partner at the law firm Davis Polk & Wardwell, where he helped found the "21st Century Privacy Coalition." In 2021, he was appointed to the position of Senior Counsel in the Maryland Attorney General's office. He also serves as vice-chair of the National Consumers League, a consumer advocacy organization.
Early life and education Leibowitz grew up in Englewood, New Jersey, where he attended Dwight Morrow High School. During his childhood, he developed a reputation as a "smart kid who didn't flaunt his intelligence, and who was friends with everyone".Diduch, Mary. "FTC chairman returns home to Bergen" , The Record (Bergen County), June 20, 2012. Accessed June 21, 2012. "When Jon Leibowitz was growing up in Englewood, his friends and classmates at Dwight Morrow High School knew him as smart kid who didn't flaunt his intelligence, and who was friends with everyone. Few could have imagined he would end up running the Federal Trade Commission, a powerful federal agency with more than 1,000 employees."
Leibowitz attended the University of Wisconsin, where he graduated Phi Beta Kappa in 1980 with a bachelor's degree in American History. After completing his undergraduate education, Leibowitz enrolled in the New York University School of Law, where he received his Juris Doctor in 1984. As of 2009, Leibowitz is a member of the District of Columbia Bar.
Early career In 1986, Leibowitz joined the staff of Senator Paul Simon (D-IL). In 1989, Leibowitz became chief counsel for Senator Herb Kohl (D-WI), serving in the position until 2000. While serving in Kohl's office, Leibowitz additionally worked in the Senate Subcommittee on Juvenile Justice from 1991 to 1994, and as chief counsel to the Subcommittee on Terrorism and Technology from 1995 to 1996. Additionally, he served as Democratic chief counsel and staff director for the Senate Antitrust Subcommittee from 1997 to 2000.
Federal Trade Commission (FTC) In 2004, President George W. Bush appointed Leibowitz to serve as a member of the Federal Trade Commission (FTC), replacing Mozelle W. Thompson. Leibowitz was sworn in to the position on September 3, 2004, and on March 2, 2009, was chosen to serve as FTC Chair by President Barack Obama. In 2012, U.S. Senate confirmed Leibowitz's appointment for a second term. Leibowitz resigned as both chair and as a member of the FTC on February 15, 2013.
Consumer protection During Leibowitz's tenure as chair, the FTC filed more than 40 law enforcement actions to stop scams that prey on consumers suffering from the economic downturn, such as foreclosure "rescue" and mortgage modification schemes, phony debt-reduction and credit-repair services, bogus government grant opportunities, job scams, and get-rich quick frauds."FTC Cracks Down on Con Artists Who Target Jobless Americans," February 17, 2010, Federal Trade Commission Press Release, Available: http://www.ftc.gov/opa/2010/02/bottomdollar.shtm Accessed 3/3/11. In one of the largest judgments imposed in an FTC case—and one of the few major judgments against companies responsible for the Great Recession—Countrywide settled for $108 million with the FTC in June 2010 for collecting excessive fees from borrowers who were struggling to keep their homes."Countrywide Will Pay $108 Million for Overcharging Struggling Homeowners; Loan Servicer Inflated Fees, Mishandled Loans of Borrowers in Bankruptcy," June 07, 2010, Federal Trade Commission Press Release, Available: http://www.ftc.gov/opa/2010/06/countrywide.shtm Accessed: 3/3/11. In 2011, the FTC mailed 450,177 refund checks to homeowners who were allegedly overcharged by Countrywide."FTC Returns Nearly $108 Million to 450,000 Homeowners Overcharged by Countrywide for Loan Servicing Fees," July 20, 2011, Federal Trade Commission Press Release, Available: http://ftc.gov/opa/2011/07/countrwide.shtm Accessed: 10/27/11.
Healthcare
Leibowitz was active in preserving competition in the health care and pharmaceutical sectors. He criticized of "pay-for-delay" settlements in the pharmaceutical industry. The Commission aggressively worked at stopping pay-for-delay patent settlements in the pharmaceutical industry. These are deals in which a brand-name drug firm pays its potential generic drug rival to prevent price competition in the market.Leibowitz, Jon. Statement to the Senate Committee on the Judiciary. Anticompetitive Patent Settlements in the Pharmaceutical Industry: The Benefits of a Legislative Solution, Hearing, January 17, 2007. Available at: http://www.ftc.gov/speeches/leibowitz/070117anticompetitivepatentsettlements_senate.pdf Accessed: 11/4/08 As Leibowitz explained, the practice results not only in windfalls for both companies—sometimes of more than a billion dollars—but also in higher drug prices for consumers. Leibowitz has published articles on this issue and advocates bringing cases against firms that engage in these practices.
An FTC study released in October 2011 revealed that some pharmaceutical companies continued to engage in pay-for-delay deals in FY 2011. The findings prompted Leibowitz to ask Congress' "Super Committee" to restrict these deals, stating that it could help reduce the deficit and lower the nation's healthcare costs."FTC Study Finds that in FY 2011, Pharmaceutical Industry Continued to Make Numerous Business Deals that Delay Consumers' Access to Lower-Cost Generic Drugs," October 25, 2011, Federal Trade Commission Press Release, Available: http://www.ftc.gov/opa/2011/10/mma.shtm Accessed: 10/25/11.
Internet, telecommunications and technology
During Leibowitz's tenure, the agency focused on promoting consumer protection, competition and innovation in technology sectors, through both policy initiatives and law enforcement. As FTC Chair, Leibowitz brought a number of high-profile privacy cases against Google, Facebook and other high-profile technology companies for violating consumer privacy as well as major antitrust cases against multiple pharmaceutical companies for engaging in sweetheart "pay-for-delay" deals in which brand pharma companies paid generic competitors to stay out of the market.
The agency released a preliminary staff report December 1, 2010 titled, Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers. With regard to consumer's online privacy, Leibowitz stated: "The FTC wants to help ensure that the growing, changing, thriving information marketplace is built on a framework that promotes privacy, transparency, business innovation and consumer choice. We believe that's what most Americans want as well.""FTC Staff Issues Privacy Report, Offers Framework for Consumers, Businesses, and Policymakers," December 1, 2010, Federal Trade Commission Press Release, Available: http://www.ftc.gov/opa/2010/12/privacyreport.shtm Accessed 3/3/11.
Also, the FTC proposed revisions to the Children's Online Privacy Protection Act (COPPA) Rule in September 2011 and sought public comments. Leibowitz said the revisions were in response to the rapid changes in technology. "We want to ensure that the COPPA Rule is effective in helping parents protect their children online, without unnecessarily burdening online businesses. We look forward to the continuing thoughtful input from industry, children's advocates, and other stakeholders as we work to update the Rule.""FTC Seeks Comment on Proposed Revisions to Children's Online Privacy Protection Rule," September 15, 2011, Federal Trade Commission Press Release, Available: http://ftc.gov/opa/2011/09/coppa.shtm Accessed 10/27/11.
During an October 2011 speech about protecting online consumer privacy while ensuring an internet that generates the free content, Leibowitz coined the term "cyberazzi." Leibowitz explained the term, stating "[a] host of invisible cyberazzi – cookies and other data catchers – follow us as we browse, reporting our every stop and action to marketing firms that, in turn, collect an astonishingly complete profile of online behavior," said Leibowitz.References: "Websites leak more info than they know: study," October 2011, Today Tech, MSNBC, Available: Accessed: 10/11/11. Leibowitz, Jon. "Online and Overexposed: Consumer Privacy, the FTC, and the Rise of the Cyberazzi." Oct. 11, 2011. Available: http://ftc.gov/speeches/leibowitz/111011pressclubremarks.pdf Accessed: 10/11/11.
Under Leibowitz, the FTC settled in 2010 with Intel to restore competition and innovation that was lost as a result of Intel's alleged anticompetitive actions."FTC Settles Charges of Anticompetitive Conduct Against Intel," August 4, 2010, Federal Trade Commission Press Release, Available: http://www.ftc.gov/opa/2010/08/intel.shtm Accessed 3/3/11. In May 2010, the FTC closed its high-profile investigation of Google's proposed acquisition of AdMob, concluding it was unlikely to harm competition in the mobile advertising market, citing Apple's move to launch a competing mobile ad network."FTC Closes its Investigation of Google AdMob Deal," May 12, 2010, Federal Trade Commission Press Release, Available: http://www.ftc.gov/opa/2010/05/ggladmob.shtm Accessed 3/3/11.
Leibowitz urged the commission to "name names" of advertisers who paid to advertise through so-called nuisance adware, software that displays or downloads advertisements on consumers' computers without their consent.Teinowitz, Ira. "FTC to Point Finger of Shame at Adware Users; Commissioner Threatens to Out Marketers Passing Content Without Consent," Advertising Age, Dec. 5, 2005. Leibowitz has also advocated for balanced "Net Neutrality" rules and for the right of municipalities to offer broadband to consumers free from restrictive state laws.Leibowitz, Jon. (2007, February). Navigating Between Dystopian Worlds on Network Neutrality: With Misery and Wretchedness on Each Side, Can We Find a Third Way? Speech presented at Broadband Connectivity Competition Policy Workshop, Washington, DC. Available: http://www.ftc.gov/speeches/leibowitz/070213Navigating_Between_Dystopian_Worlds.pdf Accessed 11/4/08.
Advertising and marketing to children Leibowitz has called for strong industry self-regulatory initiatives to help combat childhood obesity and ensure that only healthier foods and beverages are marketed to America's children. He has also advocated continued review of entertainment industry marketing practices to prevent children from being exposed to inappropriate content. The commission has completed five reports on this topic since 2000."FTC Issues Report on Marketing Violent Entertainment to Children," Federal Trade Commission Press Release, Apr. 12, 2007. Available: http://www.ftc.gov/opa/2007/04/marketingviolence.shtm Accessed 11/4/08.
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