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The collection of all scholarly commentary on law, economics, and more

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Manufacturing (Broadband) Dissent

I have a new post up at TechPolicyDaily.com, excerpted below, in which I discuss the growing body of (surprising uncontroversial) work showing that broadband in the US compares favorably to that in the rest of the world. My conclusion, which is frankly more cynical than I like, is that concern about the US “falling behind” ... Manufacturing (Broadband) Dissent

My New Paper on Defining Exclusionary Conduct

In our recent blog symposium on Section 5 of the FTC Act, Latham & Watkins partner Tad Lipsky exposed one of antitrust’s dark little secrets: Nobody really knows what Sherman Act Section 2 forbids.  The provision bans monopolization, attempted monopolization, and conspiracies to monopolize, and courts have articulated formal elements for each claim.  But the ... My New Paper on Defining Exclusionary Conduct

Appropriate humility from Verizon over corporations’ role in stopping NSA surveillance

Like most libertarians I’m concerned about government abuse of power. Certainly the secrecy and seeming reach of the NSA’s information gathering programs is worrying. But we can’t and shouldn’t pretend like there are no countervailing concerns (as Gordon Crovitz points out). And we certainly shouldn’t allow the fervent ire of the most radical voices — ... Appropriate humility from Verizon over corporations’ role in stopping NSA surveillance

Some historical observations about Network Neutrality

I have a new post up at TechPolicyDaily that takes a historical perspective on Network Neutrality. The abstract is below. I had to cut a bunch out of the piece — I hope to add a bunch of the cut parts back in and post an extended version here later this week. But for now: Network ... Some historical observations about Network Neutrality

Commissioner Wright takes the FTC to task for its dangerous technocratic mindset in his Nielsen merger dissent

Commissioner Wright makes a powerful and important case in dissenting from the FTC’s 2-1 (Commissioner Ohlhausen was recused from the matter) decision imposing conditions on Nielsen’s acquisition of Arbitron. Essential to Josh’s dissent is the absence of any actual existing market supporting the Commission’s challenge: Nielsen and Arbitron do not currently compete in the sale ... Commissioner Wright takes the FTC to task for its dangerous technocratic mindset in his Nielsen merger dissent

Will the Real Broadband Heroes Please Stand Up?

Susan Crawford recently received the OneCommunity Broadband Hero Award for being a “tireless advocate for 21st century high capacity network access.” In her recent debate with Geoffrey Manne and Berin Szoka, she emphasized that there is little competition in broadband or between cable broadband and wireless, asserting that the main players have effectively divided the markets. As ... Will the Real Broadband Heroes Please Stand Up?

On Debating Imaginary Felds

Harold Feld, in response to a recent Washington Post interview with AEI’s Jeff Eisenach about AEI’s new Center for Internet, Communications, and Technology Policy, accused “neo-conservative economists (or, as [Feld] might generalize, the ‘Right’)” of having “stopped listening to people who disagree with them. As a result, they keep saying the same thing over and over again.” (Full disclosure: ... On Debating Imaginary Felds

How the FCC Will Lose on Net Neutrality

Today’s oral argument in the D.C Circuit over the FCC’s Net Neutrality rules suggests that the case — Verizon v. FCC — is likely to turn on whether the Order impermissibly imposes common carrier regulation on broadband ISPs. If so, the FCC will lose, no matter what the court thinks of the Commission’s sharply contested ... How the FCC Will Lose on Net Neutrality

A guide to todayโ€™s net neutrality oral arguments

We’ll be delving into today’s oral arguments at our live-streamed TechFreedom/ICLE event at 12:30 EDT — and tweeting on the #NetNeutrality hashtag. But here are a few thoughts to help guide the frantic tea-leaf reading everyone will doubtless be engaged in after (and probably even during) the arguments: While most commentators have focused on ancillary ... A guide to todayโ€™s net neutrality oral arguments

Two net neutrality events following oral argument in Verizon v FCC on Monday

On Monday the DC Circuit hears oral argument in Verizon v. FCC – the case challenging the FCC’s Open Internet Order. Following the oral argument I’ll be participating in two events discussing the case. The first is a joint production of the International Center for Law & Economics and TechFreedom, a lunchtime debrief on the ... Two net neutrality events following oral argument in Verizon v FCC on Monday

Of Cake and Netflix

My new FSF Perspectives piece, Let Them Eat Cake and Watch Netflix, was published today. This piece explores a tension in Susan Crawford’s recent Wired commentary on Pew’s 2013 Broadband Report. I excerpt from the piece below. You can (and, I daresay, should!) read the whole thing here. In her piece, after noting the persistence ... Of Cake and Netflix

Truth on the Market on Coase

Not surprisingly, we’ve discussed Coase quite a bit here at Truth on the Market. Follow this link to see our collected thoughts on Coase over the years. Probably my favorite, and certainly most frequently quoted, of Coase’s many wise words is this: One important result of this preoccupation with the monopoly problem is that if an ... Truth on the Market on Coase