Abstract
In the course of inviting public comment on data-related issues as part of its hearings, the FTC asked: “Are there policy recommendations that would facilitate competition in markets involving data or personal or commercial information that the FTC should consider?” The FTC’s inquiry is well-placed in the sports betting realm, as policy issues pertaining to data will be prevalent in the coming months and years. More generally, federal efforts to legislate in the area of sports betting data — by creating a sui generis property right via statute or otherwise — raise potential constitutional issues under the Intellectual Property Clause, Tenth Amendment, Takings Clause, and First Amendment.
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