The FTC may seek sanctions (either through agency proceedings or, in some instances in federal
court) against “persons, partnerships, or corporations . using unfair methods of competition or unfair or deceptive acts or practices in or affecting commerce.” Under its competition jurisdiction, the FTC may take steps to address “commerce with foreign nations” if the activity has “a direct, substantial, and reasonably foreseeable effect” on U.S. commerce. Under its consumer protection jurisdiction, the Commission is authorized to address acts or practices involving foreign commerce that “cause or are likely to cause reasonably foreseeable injury within the United States.” The FTC has broad remedial powers “including restitution to domestic or foreign victims” and “injunctive relief in the form of ‘cease and desist’ orders.”
When it comes to the theft of IT or other non‐tangible assets, the power of the FTC to act to address anticompetitive, unfair, and deceptive practices is present. Recognizing that the exercise of sanction power is vested generally to the discretion of an agency, the consumer deception and market distortion that occur as a result of the theft of IT justify consideration of agency action in this area.