FTC Chair Lina Khan is coming up on the end of her first year in office, but she’s just getting started. Khan has long been preparing to write regulations that would force tech companies to severely curtail their data collection practices — among other big changes. And now that the FTC has a third Democratic commissioner, Khan’s finally getting into the details about her Big Tech priorities.

Khan spoke to Protocol’s Ben Brody about her Year Two agenda this week, and she had a lot to say.

Khan is hoping her agency will use its powers to force data privacy changes, despite the fact that Congress is getting closer to some kind of agreement on how it wants to regulate data usage.

• The bill would give the FTC power over what kinds of sensitive data need the most protection, a say in how companies can minimize the information they collect and oversight of data relating to kids and teens.
• But available legislative days are rapidly dwindling on Capitol Hill, making it possible the U.S. will continue without a national privacy law for years to come.
• Khan wants to write regulations that would ban the collection of certain kinds of data, as well as tackle algorithmic discrimination. She’s also complained repeatedly about behavioral advertising.

Under Khan, the FTC may also take labor issues into account when evaluating M&A. Deals that have evaded scrutiny because they didn’t raise prices for consumers may be getting a closer look — or blocked altogether.

• Her recent efforts to collect information on the results of consolidation, including in tech, have highlighted how mergers and acquisitions “can really degrade working conditions for people,” she said.
• 2022 has been a big year for M&A, particularly on the tech front. It’s unclear how much mergers help or harm workers — it depends on the particular deal, and who you ask.
• Some M&A activity has clearly been viewed as cutting prices — and thus, good for competition — because it would eliminate jobs. Those mergers may no longer get a pass.

The FTC is now paying close attention to the video game market, due in part to that same M&A activity. The industry has seen an almost unprecedented level of consolidation over the past few years, and Khan said it’s now "top of mind" — especially fast-growing markets such as augmented and virtual reality.

• Six of the 10 largest video game acquisitions in history have happened or been announced since early 2020.
• Despite generating nearly $200 billion of global revenue in 2021, the gaming industry has largely gone unchecked over the past few decades.
• Khan and the FTC are in the process of investigating Microsoft's Activision deal, as well as Sony's much smaller proposed acquisition of Destiny developer Bungie.
• "We take a lot of care to make sure that we are being attentive to not just some of the past harms that have already been identified, but some of the new and oncoming harms," Khan told Protocol.

U.S. lawmakers may not be ready to make all of their tech regulatory dreams come true just yet, but under Khan, the FTC will be taking a much more aggressive stance — and tackling plenty of what Congress might leave unfinished. Tech companies — especially the ones hanging their hopes on Washington gridlock — should take notice and get ready.

—Ben Brody (email | twitter), Lizzy Lawrence (email | twitter) and Nick Statt (email | twitter)