When the Federal Trade Commission lost a closely watched data privacy case last month, companies and their lawyers had their eyes on what’s next for the government’s regulation of cybersecurity. Weeks later, much remains uncertain about the FTC’s next moves policing data privacy.

The FTC elected not to ask the full U.S. Court of Appeals for the Eleventh Circuit to review a ruling that erased the agency’s enforcement action against LabMD Inc., a now-defunct medical testing company that had been accused of failing to protect patients’ personal information. The appeals panel said the FTC’s order against LabMD was not enforceable because it was overly vague, requiring the company to “meet an indeterminable standard of reasonableness.”