UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of

 

Aleksandr Kogan, FILE NOS: 182 3106, 182 3107 

an individual, and 

AGREEMENT CONTAINING CONSENT 

Alexander Nix, Individually and as Chief ORDER AS TO RESPONDENT

Executive Officer of Cambridge Analytica, ALEKSANDR KOGAN

LLC. 

The Federal Trade Commission (“Commission”) has conducted an investigation of certain 

acts and practices of Aleksandr Kogan and Alexander James Ashburner Nix. The Commission’s 

Bureau of Consumer Protection (“BCP”) has prepared a draft of an administrative Complaint 

(“draft Complaint”). BCP and Proposed Respondent Aleksandr Kogan (“Proposed Respondent”)

enter into this Agreement Containing Consent Order (“Consent Agreement”) to resolve the 

allegations in the attached draft Complaint through a proposed Decision and Order to present to 

the Commission, which is also attached and made a part of this Consent Agreement. 

IT IS HEREBY AGREED by and between Proposed Respondent and BCP, that:

1. Proposed Respondent is Aleksandr Kogan, an American citizen currently residing in New 

York; 

2. Proposed Respondent neither admits nor denies any of the allegations in the Complaint, 

except as specifically stated in the Decision and Order. Only for purposes of this action, 

Proposed Respondent admits the facts necessary to establish jurisdiction. 

3. Proposed Respondent waives: 

a. Any further procedural steps;

b. The requirement that the Commission’s Decision contain a statement of findings of fact 

and conclusions of law; and 

c. All rights to seek judicial review or otherwise to challenge or contest the validity of the 

Decision and Order issued pursuant to this Consent Agreement.

4. This Consent Agreement will not become part of the public record of the proceeding unless 

and until it is accepted by the Commission. If the Commission accepts this Consent Agreement, 

it, together with the draft Complaint, will be placed on the public record for 30 days and 
2 

information about them publicly released. Acceptance does not constitute final approval, but it 

serves as the basis for further actions leading to final disposition of the matter. Thereafter, the

Commission may either withdraw its acceptance of this Consent Agreement and so notify 

Proposed Respondent, in which event the Commission will take such action as it may consider 

appropriate, or issue and serve its Complaint (in such form as the circumstances may require) 

and decision in disposition of the proceeding, which may include an Order. See Section 2.34 of 

the Commission’s Rules, 16 C.F.R. § 2.34 (“Rule 2.34”). 

5. If this agreement is accepted by the Commission, and if such acceptance is not subsequently 

withdrawn by the Commission pursuant to Rule 2.34, the Commission may, without further 

notice to Proposed Respondent: (1) issue its Complaint corresponding in form and substance 

with the attached draft Complaint and its Decision and Order; and (2) make information about 

them public. Proposed Respondent agrees that service of the Order may be effected by its 

publication on the Commission’s website (ftc.gov), at which time the Order will become final. 

See Rule 2.32(d). Proposed Respondent waives any rights he may have to any other manner of 

service. See Rule 4.4. 

6. When final, the Decision and Order will have the same force and effect and may be altered, 

modified, or set aside in the same manner and within the same time provided by statute for other 

Commission orders. 

7. The Complaint may be used in construing the terms of the Decision and Order. No 

agreement, understanding, representation, or interpretation not contained in the Decision and 

Order or in this Consent Agreement may be used to vary or contradict the terms of the Decision 

and Order. 

8. Proposed Respondent agrees to comply with the terms of the proposed Decision and Order 

from the date that Proposed Respondent signs this Consent Agreement. Proposed Respondent 

understands that he may be liable for civil penalties and other relief for each violation of the 

Decision and Order after it becomes final.
3 

ALEKSANDR KOGAN 

By: _______________________ 

Aleksandr Kogan 

 

Date: ______________________ 

 

 

By: _______________________ 

Jonathan S. Sack, Esq. 

Morvillo Abramowitz Grand Iason & Anello PC 

Attorney for Proposed Individual Respondent 

Aleksandr Kogan 

 

Date: ______________________ 

 

 

 

 

 

 

FEDERAL TRADE COMMISSION

By: ___________________________ 

Linda Holleran Kopp 

Attorney, Bureau of Consumer Protection 

APPROVED:

By: _________________________ 

Robert Schoshinski 

Assistant Director

Division of Privacy & Identity Protection

By: _________________________ 

Maneesha Mithal

Associate Director

Division of Privacy & Identity Protection

By: __________________________ 

Daniel Kaufman

Deputy Director

Bureau of Consumer Protection 

Date: __________________________ 
4 

182 3106 

182 3107 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Joseph J. Simons, Chairman 

Noah Joshua Phillips 

Rohit Chopra

Rebecca Kelly Slaughter

Christine S. Wilson

In the Matter of

 

Aleksandr Kogan, DECISION AND ORDER

an individual, and 

DOCKET NO. CAlexander Nix, Individually and as Chief 

Executive Officer of Cambridge Analytica, 

LLC. 

DECISION

The Federal Trade Commission (“Commission”) initiated an investigation of certain acts and 

practices of the Respondents named in the caption. The Commission’s Bureau of Consumer 

Protection (“BCP”) prepared and furnished to Respondents a draft Complaint. BCP proposed to 

present the draft Complaint to the Commission for its consideration. If issued by the 

Commission, the draft Complaint would charge the Respondent Aleksandr Kogan 

(“Respondent’) with violations of the Federal Trade Commission Act.

Respondent and BCP thereafter executed an Agreement Containing Consent Order (“Consent 

Agreement”). The Consent Agreement includes: (1) statements by Respondent that he neither 

admits nor denies any of the allegations in the Complaint, except as specifically stated in this 

Decision and Order, and that only for purposes of this action, he admits the facts necessary to 

establish jurisdiction; and (2) waivers and other provisions as required by the Commission’s 

Rules. 

The Commission considered the matter and determined that it had reason to believe that 

Respondent has violated the Federal Trade Commission Act, and that a Complaint should issue 

stating its charges in that respect. The Commission accepted the executed Consent Agreement 

and placed it on the public record for a period of 30 days for the receipt and consideration of 
5 

public comments. The Commission duly considered any comments received from interested 

persons pursuant to Section 2.34 of its Rules, 16 C.F.R. § 2.34. Now, in further conformity with 

the procedure prescribed in Rule 2.34, the Commission issues its Complaint, makes the 

following Findings, and issues the following Order:

Findings

1. Respondent is Aleksandr Kogan, an American citizen currently residing in New York. 

2. The Commission has jurisdiction over the subject matter of this proceeding and over 

Respondent, and the proceeding is in the public interest. 

ORDER

Definitions

 For purposes of this Order, the following definitions apply: 

A. “Covered Information” means the following information from or about an individual 

consumer, including: (a) a first and last name; (b) a physical address or precise 

geolocation; (c) an email address or other online contact information, such as an instant 

messaging user identifier or a screen name; (d) a telephone number; (e) a Social Security 

number; (f) a driver’s license or other government-issued identification number; (g) a 

financial institution account number; (h) credit or debit card information; (i) a persistent 

identifier, such as a customer number held in a “cookie,” a mobile device ID, or 

processor serial number; (j) data fields that can be accessed or collected through 

Facebook from or about Facebook Users or their Friends (e.g., “likes,” “hometowns,” 

“birthdates,” “photos,” “gender,” “educational information,” “religious or political 

views,” or “marital” or other “relationship” status); (k) information that is created, 

maintained, or accessed by the consumer (e.g., “messages”); (l) any data regarding a 

consumer’s activities online (e.g., searches conducted, web pages visited, or content 

viewed); or (m) any user credentials, such as a username and password. 

B. “Facebook” means Facebook Inc., its wholly or partially owned subsidiaries, 

unincorporated divisions, joint ventures, operations under assumed names, and affiliates, 

and all directors, officers, members, employees, agents, consultants, and other persons 

working for or on behalf of the foregoing. 

C. “GSRApp” means all iterations of the GSRApp Facebook application that first began 

operating on the Facebook platform in May 2014. 

D. “Respondent” means Aleksandr Kogan. 
6 

Provisions 

I. Prohibition against Misrepresentations about Covered Information

IT IS ORDERED that Respondent, and Respondent’s officers, agents, employees, and 

attorneys, and all other persons in active concert or participation with any of them, who receive 

actual notice of this Order, whether acting directly or indirectly, in connection with any product 

or service must not misrepresent in any manner, expressly or by implication, the extent to which 

they protect the privacy and confidentiality of any Covered Information, including: 

A. The extent to which they collect, use, share, or sell any Covered Information; and

B. The purposes for which they collect, use, share, or sell any Covered Information. 

II. Required Deletion of Data 

IT IS FURTHER ORDERED that Respondent, and Respondent’s officers, agents, 

employees, and attorneys, and all other persons in active concert or participation with any of 

them, who receive actual notice of this Order, whether acting directly or indirectly, must: 

A. Provide, within ten (10) days from the effective date of this Order, the Commission 

with a written statement, sworn under penalty of perjury, providing the name, 

address, and phone number for each person with whom Respondent shared any 

Covered Information collected from consumers through GSRApp, and any 

information that originated, in whole or in part, from this Covered Information; 

B. Delete or destroy all Covered Information collected from consumers though 

GSRApp, and any information or work product, including any algorithms or 

equations, that originated, in whole or in part, from this Covered Information. Such 

deletion or destruction must occur within ten (10) days of the effective date of this 

Order, or if such information is in the possession of a government regulatory or law 

enforcement agency, including the United Kingdom’s Information Commissioner’s 

Office, as of the effective date of this Order, within ten (10) days after the Covered 

Information is returned to Respondent. Provided, however, that such Covered 

Information, or any information that originated in whole or in part from such Covered 

Information, need not be deleted or destroyed for so long as requested by a 

government agency or otherwise required by regulation, court order or other legal 

obligation; and 

C. Provide a written statement to the Commission, sworn under penalty of perjury, 

confirming the foregoing. This statement must be provided: (1) within thirty (30) 

days after the effective date of the Order; or, if applicable, (2) within thirty (30) days 

after the Covered Information is returned to Respondent from a government 
7 

regulatory or law enforcement agency, or within thirty (30) days after any legal 

obligation to preserve the Covered Information has ended. 

III. Acknowledgments of the Order

IT IS FURTHER ORDERED that Respondent obtains acknowledgments of the receipt of 

this Order:

A. Respondent, within ten (10) days after the effective date of this Order, must submit to 

the Commission an acknowledgment of receipt of this Order sworn under penalty of 

perjury. 

B. For five (5) years after the issuance date of this Order, Respondent for any business 

that he, individually or collectively with any other Respondents, is the majority owner 

or controls directly or indirectly, must deliver a copy of this Order to: (1) all 

principals, officers, directors, and LLC managers and members; (2) all employees 

having managerial responsibilities for conduct related to the subject matter of the 

Order and all agents and representatives who participate in conduct related to the 

subject matter of the Order; and (3) any business entity resulting from any change in 

structure as set forth in the Provision titled Compliance Report and Notices. Delivery 

must occur within ten (10) days after the effective date of this Order for current 

personnel. For all others, delivery must occur before they assume their 

responsibilities.

C. From each individual or entity to which Respondent delivered a copy of this Order, 

he must obtain, within thirty (30) days, a signed and dated acknowledgment of 

receipt of this Order. 

IV. Compliance Report and Notices

IT IS FURTHER ORDERED that Respondent make timely submissions to the 

Commission:

A. One year after the issuance date of this Order, Respondent must submit a compliance 

report, sworn under penalty of perjury, in which: 

1. Respondent must: (a) identify all his telephone numbers and all his physical, 

postal, email and Internet addresses, including all residences; (b) identify all his 

business activities, including any business for which he performs services, 

whether as an employee or otherwise, and any entity in which he has any 

ownership interest; (c) describe in detail his involvement in each such business 

activity, including title, role, responsibilities, participation, authority, control, and 

any ownership; (d) identify the primary physical, postal, and email address and 

telephone number, as designated points of contact, which representatives of the 

Commission may use to communicate with Respondent; (e) identify all of 

Respondent’s businesses by all of their names, telephone numbers, and physical, 
8 

postal, email, and Internet addresses; (f) describe the activities of each business, 

including the goods and services offered, and the means of advertising, marketing, 

and sales, and the involvement of any other Respondent (which Respondent must 

describe if he knows or should know due to his own involvement); (g) describe in 

detail whether and how Respondent is in compliance with each Provision of this 

Order, including a discussion of all of the changes Respondent made to comply 

with the Order; and (h) provide a copy of each Acknowledgment of the Order 

obtained pursuant to this Order, unless previously submitted to the Commission. 

B. For five (5) years after the issuance date of this Order, Respondent must submit a 

compliance notice, sworn under penalty of perjury, within fourteen (14) days of any 

change in the following: 

1. Respondent must submit notice of any change in: (a) name, including alias or 

fictitious name, or residence address; (b) title or role in any business activity, 

including (i) any business for which he performs services whether as an employee 

or otherwise and (ii) any entity in which he has any ownership interest. For each 

such business activity, also identify its name, physical address, and any Internet 

address; (c) any designated point of contact; or (d) the structure of any entity that 

Respondent has any ownership interest in or controls directly or indirectly that 

may affect compliance obligations arising under this Order, including: creation, 

merger, sale, or dissolution of the entity or any subsidiary, parent, or affiliate that 

engages in any acts or practices subject to this Order.

C. Respondent must submit notice of the filing of any bankruptcy petition, insolvency 

proceeding, or similar proceeding by or against Respondent within fourteen (14) days 

of its filing.

D. Any submission to the Commission required by this Order to be sworn under penalty 

of perjury must be true and accurate and comply with 28 U.S.C. § 1746, such as by 

concluding: “I declare under penalty of perjury under the laws of the United States of 

America that the foregoing is true and correct. Executed on: _____” and supplying 

the date, signatory’s full name, title (if applicable), and signature.

E. Unless otherwise directed by a Commission representative in writing, all submissions 

to the Commission pursuant to this Order must be emailed to DEbrief@ftc.gov or 

sent by overnight courier (not the U.S. Postal Service) to: Associate Director for 

Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 

Pennsylvania Avenue NW, Washington, DC 20580. The subject line must begin: In 

re Cambridge Analytica, LLC, et al., Docket No. [XXXX]. 

V. Recordkeeping

IT IS FURTHER ORDERED that Respondent must create certain records for five (5) years 

after the issuance date of the Order, and retain each such record for five (5) years, unless 
9 

otherwise specified below. Specifically, for any business that Respondent, individually or 

collectively with any other Respondents, is a majority owner or controls directly or indirectly, 

Respondent must create and retain the following records: 

A. Accounting records showing the revenues from all goods or services sold, the costs 

incurred in generating those revenues, and resulting net profit or loss; 

B. Personnel records showing, for each person providing services in relation to any 

aspect of the Order, whether as an employee or otherwise, that person’s: name; 

addresses; telephone numbers; job title or position; dates of service; and (if 

applicable) the reason for termination; 

C. Copies or records of all consumer complaints, whether received directly or indirectly, 

such as through a third party, and any response;

D. A copy of each unique advertisement, other marketing material, or widely 

disseminated statement making a representation subject to this Order; 

E. A copy of each widely disseminated representation by Respondent that describes the 

extent to which Respondent collects, uses, shares, or sells Covered Information, or the 

purpose for which Respondent collects, uses, shares, or sells any Covered 

Information; 

F. For five (5) years from the date received, copies of all subpoenas and other 

communications with law enforcement, if such communications relate to 

Respondent’s compliance with this Order; and 

G. All records necessary to demonstrate full compliance with each Provision of this 

Order, including all submissions to the Commission. 

VI. Compliance Monitoring

IT IS FURTHER ORDERED that, for the purpose of monitoring Respondent’s compliance 

with this Order:

A. Within ten (10) days of receipt of a written request from a representative of the 

Commission, Respondent must: submit additional compliance reports or other 

requested information, which must be sworn under penalty of perjury, and produce 

records for inspection and copying. 

B. For matters concerning this Order, representatives of the Commission are authorized 

to communicate directly with Respondent. Respondent must permit representatives 

of the Commission to interview anyone affiliated with any Respondent who has 

agreed to such an interview. The interviewee may have counsel present.
10 

C. The Commission may use all other lawful means, including posing through its 

representatives as consumers, suppliers, or other individuals or entities, to 

Respondent or any individual or entity affiliated with Respondent, without the 

necessity of identification or prior notice. Nothing in this Order limits the 

Commission’s lawful use of compulsory process, pursuant to Sections 9 and 20 of the 

FTC Act, 15 U.S.C. §§ 49, 57b-1. 

VII. Order Effective Dates

IT IS FURTHER ORDERED that this Order is final and effective upon the date of its 

publication on the Commission’s website (ftc.gov) as a final order. This Order will terminate 

twenty (20) years from the date of its issuance (which date may be stated at the end of this Order, 

near the Commission’s seal), or twenty (20) years from the most recent date that the United 

States or the Commission files a complaint (with or without an accompanying settlement) in 

federal court alleging any violation of this Order, whichever comes later; provided, however, that 

the filing of such a complaint will not affect the duration of:

A. Any Provision in this Order that terminates in less than twenty (20) years; 

B. This Order’s application to Individual Respondent that is not named as a defendant in 

such complaint; and 

C. This Order if such complaint is filed after the Order has terminated pursuant to this 

Provision. 

Provided, further, that if such complaint is dismissed or a federal court rules that Respondent did 

not violate any Provision of the Order, and the dismissal or ruling is either not appealed or 

upheld on appeal, then the Order will terminate according to this Provision as though the 

complaint had never been filed, except that the Order will not terminate between the date such 

complaint is filed and the later of the deadline for appealing such dismissal or ruling and the date 

such dismissal or ruling is upheld on appeal. 

By the Commission.

April J. Tabor 

Acting Secretary

SEAL:

ISSUED: