The court gave the FTC until February 17th to respond, a deadline which the agency just met. The FTC filed two separate documents: a memorandum of opposition (PDF) to the suit, and a motion to dismiss it (PDF). In the memorandum, the FTC asserts that the lawsuit “seeks to deprive the Commission fo the discression to exercise its enforcement authority,” that it “flouts controlling precedent that universally rejects such efforts,” and that as such “[t]his lawsuit is completely baseless.” The FTC also asserts that EPIC has no legal grounds for its attempt to compel the agency to enforce anything, as both law and judicial precedent leave all enforcement solely in the hands of the FTC.
According to the court order that expedited the suit, EPIC has until the 21st to issue its own reply to the FTC’s filings.
What do you think? Should EPIC really mind its own business here? Sound off in the comments.