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The Internet Association’s vision for the future looks a lot like the past

Last week, the Internet Association (“IA”) — a trade group representing some of America’s most dynamic and fastest growing tech companies, including the likes of Google, Facebook, Amazon, and eBay — presented the incoming Trump Administration with a ten page policy paper entitled “Policy Roadmap for New Administration, Congress.” The document’s content is not surprising, ... The Internet Association’s vision for the future looks a lot like the past

Truth on the Market welcomes our newest blogger, Neil Turkewitz

Truth on the Market is delighted to welcome our newest blogger, Neil Turkewitz. Neil is the newly minted Senior Policy Counsel at the International Center for Law & Economics (so we welcome him to ICLE, as well!). Prior to joining ICLE, Neil spent 30 years at the Recording Industry Association of America (RIAA), most recently ... Truth on the Market welcomes our newest blogger, Neil Turkewitz

The FTC, not the FCC, Should Regulate Internet Privacy

In an October 25 blog commentary posted at this site, Geoffrey Manne and Kristian Stout argued against a proposed Federal Communications Commission (FCC) ban on the use of mandatory arbitration clauses in internet service providers’ consumer service agreements.  This proposed ban is just one among many unfortunate features in the latest misguided effort by the ... The FTC, not the FCC, Should Regulate Internet Privacy

ICN Advocacy Workshop a Success

On November 1st and 2nd, Cofece, the Mexican Competition Agency, hosted an International Competition Network (ICN) workshop on competition advocacy, featuring presentations from government agency officials, think tanks, and international organizations.  The workshop highlighted the excellent work that the ICN has done in supporting efforts to curb the most serious source of harm to the ... ICN Advocacy Workshop a Success

An FCC ban on arbitration of privacy claims would be the anti-consumer-protection approach

Over the weekend, Senator Al Franken and FCC Commissioner Mignon Clyburn issued an impassioned statement calling for the FCC to thwart the use of mandatory arbitration clauses in ISPs’ consumer service agreements — starting with a ban on mandatory arbitration of privacy claims in the Chairman’s proposed privacy rules. Unfortunately, their call to arms rests ... An FCC ban on arbitration of privacy claims would be the anti-consumer-protection approach

FCC Chairman Wheelerโ€™s claimed fealty to FTC privacy standards is belied by the rules he actually proposes

Next week the FCC is slated to vote on the second iteration of Chairman Wheeler’s proposed broadband privacy rules. Of course, as has become all too common, none of us outside the Commission has actually seen the proposal. But earlier this month Chairman Wheeler released a Fact Sheet that suggests some of the ways it ... FCC Chairman Wheelerโ€™s claimed fealty to FTC privacy standards is belied by the rules he actually proposes

The FTCโ€™s PAE Study Recommendations: Case Not Proven

On October 6, 2016, the U.S. Federal Trade Commission (FTC) issued Patent Assertion Entity Activity: An FTC Study (PAE Study), its much-anticipated report on patent assertion entity (PAE) activity.  The PAE Study defined PAEs as follows: Patent assertion entities (PAEs) are businesses that acquire patents from third parties and seek to generate revenue by asserting ... The FTCโ€™s PAE Study Recommendations: Case Not Proven

FCC Disregard of the Rule of Law Requires Legislative Reform

On October 6, the Heritage Foundation released a legal memorandum (authored by me) that recounts the Federal Communications Commission’s (FCC) recent sad history of ignoring the rule of law in its enforcement and regulatory actions.  The memorandum calls for a legislative reform agenda to rectify this problem by reining in the agency.  Key points culled ... FCC Disregard of the Rule of Law Requires Legislative Reform

The American Antitrust Institute Fruitlessly Searches for the Key to American Competitive Conditions under the Antitrust Lamppost

On September 28, the American Antitrust Institute released a report (“AAI Report”) on the state of U.S. antitrust policy, provocatively entitled “A National Competition Policy:  Unpacking the Problem of Declining Competition and Setting Priorities for Moving Forward.”  Although the AAI Report contains some valuable suggestions, in important ways it reminds one of the drunkard who ... The American Antitrust Institute Fruitlessly Searches for the Key to American Competitive Conditions under the Antitrust Lamppost

A Set-top Box Set-Back and an Opportunity for Good Government

There must have been a great gnashing of teeth in Chairman Wheeler’s office this morning as the FCC announced that it was pulling the Chairman’s latest modifications to the set-top box proposal from its voting agenda. This is surely but a bump in the road for the Chairman; he will undoubtedly press ever onward in ... A Set-top Box Set-Back and an Opportunity for Good Government

The DOJ-FTC IP Guidelines: Suggestions for Promoting Innovation

This week, the International Center for Law & Economics filed comments  on the proposed revision to the joint U.S. Federal Trade Commission (FTC) – U.S. Department of Justice (DOJ) Antitrust-IP Licensing Guidelines. Overall, the guidelines present a commendable framework for the IP-Antitrust intersection, in particular as they broadly recognize the value of IP and licensing ... The DOJ-FTC IP Guidelines: Suggestions for Promoting Innovation

Patents as a Key to Commercialization: Guidance for Patent-Antitrust Analysis

Public comments on the proposed revision to the joint U.S. Federal Trade Commission (FTC) – U.S. Department of Justice (DOJ) Antitrust-IP Licensing Guidelines have, not surprisingly, focused primarily on fine points of antitrust analysis carried out by those two federal agencies (see, for example, the thoughtful recommendations by the Global Antitrust Institute, here).  In a ... Patents as a Key to Commercialization: Guidance for Patent-Antitrust Analysis