Moving forward on a proposal floated in its "Green Paper" on "Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework" (see www.wileyrein.com/bill_of_rights), the Department of Commerce recently said that it would convene multistakeholder groups to develop privacy codes of conduct tailored to particular industries.  The agency did not indicate what industries would be subject to the codes or their timing.  The idea is that the codes would be drafted by the private sector, although clearly, the Commerce Department expects to play a key role in their creation, and the process of creating codes would likely be contentious and slow.

Although the Commerce Department states that participation in developing and/or adhering to the codes would be voluntary, the FTC may take the view that a failure to abide by such a code of conduct might constitute an "unfair" trade practice.