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TruVaccine is a leading manufacturer of pharmaceutical products, including vaccines. It is in the process of researching a novel approach to develop a vaccine for
TruVaccine is a leading manufacturer of pharmaceutical products, including vaccines. It is in the process of researching a novel approach to develop a vaccine for COVID-19. The drug is still in animal trials, but shows great promise. As a result, the firm is getting an increasing amount of attention, including from foreign nation states such as Prussia. Hackers linked to the Prussian government attack TruVaccine's servers, looking for trade secrets to help in the Prussian effort to develop a vaccine. In the process, the hackers steal the personal health information for thousands of Prussian employees and customers. Almost immediately, victims of the data breach face attempts at identity theft. An internal investigation uncovers that the breach was the result of an unpatched system that relied on open source software. A data breach notification is sent to the Federal Trade Commission (FTC), which begins an investigation. In your opinion, how will the FTC respond? Does this constitute 'unfairness' under Section 5 of the FTC Act? Why, or why not
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