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Privacy Attorney Expects FTC to Aggressively Reconsider Biden AI Decisions

The FTC’s decision to vacate a Biden administration order against Rytr suggests the agency will “aggressively prioritize innovation and regulatory restraint” under Chairman Andrew Ferguson, Frankfurt Kurnit’s privacy team said in a post Wednesday.

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The FTC on Monday vacated a 2024 agency order against the Rytr AI writing assistant platform, saying it “unduly burdens” AI in violation of President Donald Trump’s AI Action Plan (see 2512220046).

“This reversal marks the beginning of what is likely to be a sustained effort to undo the prior administration’s efforts to implement AI governance safeguards,” wrote privacy attorney Andrew Folks. “Though it may mitigate some immediate risk for certain AI tool providers and deployers, it likely fuels longer-term regulatory uncertainty as agency independence further erodes and previously settled enforcement precedents grow less reliable.”

Folks said Ferguson’s FTC has reopened prior cases in 2025 at a higher rate than any previous year at the FTC: “Coupling this with its deregulatory posture on AI, little should be considered safe.”