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In ICANN We Trust: Assuring Accountable Internet Governance
Today, the International Center for Law & Economics (ICLE) released its Innovation Policy Research Program White Paper entitled: IN ICANN WE TRUST: ASSURING ACCOUNTABLE INTERNET GOVERNANCE. This article is an abbreviated excerpt of a forthcoming scholarly article that explores various aspects of the proposed transition of the IANA Internet governance functions from U.S. oversight to ... In ICANN We Trust: Assuring Accountable Internet Governance
Penalizing Innovation: The FAAโs Regulation of Drones
As the late Nobel Laureate James Buchanan and other economists have long pointed out, even in the case of market failure, regulation is only potentially justified if economic welfare under regulation is likely to be higher than under an unregulated market – not an easy test to meet, in light of rampant government failure. Nevertheless, ... Penalizing Innovation: The FAAโs Regulation of Drones
The FCC, Privacy, and Authority Over the Edge: Forborn, not Forbidden
The FCC doesn’t have authority over the edge and doesn’t want authority over the edge. Well, that is until it finds itself with no choice but to regulate the edge as a result of its own policies. As the FCC begins to explore its new authority to regulate privacy under the Open Internet Order (“OIO”), ... The FCC, Privacy, and Authority Over the Edge: Forborn, not Forbidden
Competition, not Price Controls
In an effort to control drug spending, several states are considering initiatives that will impose new price controls on prescription drugs. Ballot measures under consideration in California and Ohio will require drug companies to sell drugs under various state programs at a mandated discount. And legislators in Massachusetts and Pennsylvania have drafted bills that would create new government commissions ... Competition, not Price Controls
FCC Majority Approves Anticompetitive Rulemaking that Would Reduce Efficiency in Video Programming and Lower Welfare
On February 18, the Federal Communications Commission (FCC) voted three-to-two in favor of a notice of proposed rulemaking (NPRM) fancifully entitled “Expanding Consumers’ Video Navigation Choices, MB Docket No. 16-42; Commercial Availability of Navigation Devices, CS Docket No. 97-80”. The NPRM, in the words of the FCC’s press release, will “create a framework for providing ... FCC Majority Approves Anticompetitive Rulemaking that Would Reduce Efficiency in Video Programming and Lower Welfare
Time To Make The Donuts: Self-Help Agreements and ICANN Accountability
It seems like debates that involve the ability to access the Internet fall into absolutism very quickly. One could almost construct a corollary of Godwin’s law: As the length of a policy discussion involving the Internet increases, the probability of someone claiming a nefarious plot to destroy the Internet approaches 1. Should there be zero-rated ... Time To Make The Donuts: Self-Help Agreements and ICANN Accountability
Justice Scalia, Monopolization, and Economic Efficiency
The late Justice Antonin Scalia’s magisterial contributions to American jurisprudence will be the source of numerous learned analyses over the coming months. As in so many other doctrinal areas, Justice Scalia’s opinions contributed importantly to the sound development of antitrust law, and, in particular, to the assessment of monopolization. His oft-cited 2004 opinion for the ... Justice Scalia, Monopolization, and Economic Efficiency
Kolasky (2) on the Apple e-books case: Coordination, even horizontal coordination, isn’t per se illegal
Jon Jacobson in his initial posting claims that it would be “hard to find an easier case” than Apple e-Books, and David Balto and Chris Sagers seem to agree. I suppose that would be true if, as Richard Epstein claims, “the general view is that horizontal arrangements are per se unlawful.” That, however, is not ... Kolasky (2) on the Apple e-books case: Coordination, even horizontal coordination, isn’t per se illegal
Reed on the Apple e-books case: โWe can remember it for you wholesaleโ โ why the model matters in Apple e-books
In Philip K. Dick’s famous short story that inspired the Total Recall movies, a company called REKAL could implant “extra-factual memories” into the minds of anyone. That technology may be fictional, but the Apple eBooks case suggests that the ability to insert extra-factual memories into the courts already exists. The Department of Justice, the Second ... Reed on the Apple e-books case: โWe can remember it for you wholesaleโ โ why the model matters in Apple e-books
Hazlett on the Apple e-books case: The Apple case is a throwback to Dr. Miles, and that’s not a good thing
The Apple e-books case is throwback to Dr. Miles, the 1911 Supreme Court decision that managed to misinterpret the economics of competition and so thwart productive activity for over a century. The active debate here at TOTM reveals why. The District Court and Second Circuit have employed a per se rule to find that the ... Hazlett on the Apple e-books case: The Apple case is a throwback to Dr. Miles, and that’s not a good thing
Sagers on the Apple e-books case: Why does everybody hate competition so much?
United States v. Apple has fascinated me continually ever since the instantly-sensational complaint was made public, more than three years ago. Just one small, recent manifestation of the larger theme that makes it so interesting is the improbable range of folks who apparently consider certiorari rather likely—not least some commenters here, and even SCOTUSblog, which ... Sagers on the Apple e-books case: Why does everybody hate competition so much?
Balto on the Apple e-books case: Skip the (Apple) appetizer and get to the (McWane) main course
The “magic” of Washington can only go so far. Whether it is political consultants trying to create controversy where there is basic consensus, such as in parts of the political campaign, or the earnest effort to create a controversy over the Apple decision, there may be lots of words exchanged and animated discussion by political ... Balto on the Apple e-books case: Skip the (Apple) appetizer and get to the (McWane) main course
