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Don’t tread on my Internet
Ben Sperry and I have a long piece on net neutrality in the latest issue of Reason Magazine entitled, “How to Break the Internet.” It’s part of a special collection of articles and videos dedicated to the proposition “Don’t Tread on My Internet!” Reason has put together a great bunch of material, and packaged it in ... Don’t tread on my Internet
FCC Preemption of State Municipal Broadband Restrictions is Legally Problematic and Bad for Taxpayers and Competition
By a 3-2 vote, the Federal Communications Commission (FCC) decided on February 26 to preempt state laws in North Carolina and Tennessee that bar municipally-owned broadband providers from providing services beyond their geographic boundaries. This decision raises substantial legal issues and threatens economic harm to state taxpayers and consumers. The narrow FCC majority rested its ... FCC Preemption of State Municipal Broadband Restrictions is Legally Problematic and Bad for Taxpayers and Competition
The Ninth Circuit botched its efficiencies analysis in the FTC v St Lukes antitrust case
Earlier this week the International Center for Law & Economics, along with a group of prominent professors and scholars of law and economics, filed an amicus brief with the Ninth Circuit seeking rehearing en banc of the court’s FTC, et al. v. St Luke’s case. ICLE, joined by the Medicaid Defense Fund, also filed an ... The Ninth Circuit botched its efficiencies analysis in the FTC v St Lukes antitrust case
FCC Internet Regulation Is a Recipe for Crony Capitalism
Much ink has been spilled (and with good reason) about the excessive and totally unnecessary regulatory burdens associated with the Federal Communications Commission’s (FCC) February 26 “Open Internet Order” (OIO), which imposes public utility regulation on Internet traffic. For example, as Heritage Foundation Senior Research Fellow James Gattuso recently explained, “[d]evised for the static monopolies, ... FCC Internet Regulation Is a Recipe for Crony Capitalism
North Carolina Dental and Protectionism: March 31 Heritage Foundation Presentation by FTC Commissioner Ohlhausen and March 30 Heritage Foundation Legal Memorandum
In its February 25 North Carolina Dental v. Federal Trade Commission decision, the U.S. Supreme Court held that a state regulatory board that is controlled by market participants in the industry being regulated cannot invoke “state action” antitrust immunity unless it is “actively supervised” by the state. Will this decision discourage harmful protectionist regulation, such ... North Carolina Dental and Protectionism: March 31 Heritage Foundation Presentation by FTC Commissioner Ohlhausen and March 30 Heritage Foundation Legal Memorandum
Debunking the Myth of a Data Barrier to Entry for Online Services
Recent years have seen an increasing interest in incorporating privacy into antitrust analysis. The FTC and regulators in Europe have rejected these calls so far, but certain scholars and activists continue their attempts to breathe life into this novel concept. Elsewhere we have written at length on the scholarship addressing the issue and found the ... Debunking the Myth of a Data Barrier to Entry for Online Services
Undermining Investment in Standard Setting by Weakening Patents: How a Recent Justice Department Business Review Letter Gets Things Wrong
As I explained in a recent Heritage Foundation Legal Memorandum, the Institute of Electrical and Electronics Engineers’ (IEEE) New Patent Policy (NPP) threatens to devalue patents that cover standards; discourage involvement by innovative companies in IEEE standard setting; and undermine support for strong patents, which are critical to economic growth and innovation. The Legal Memorandum ... Undermining Investment in Standard Setting by Weakening Patents: How a Recent Justice Department Business Review Letter Gets Things Wrong
FTC Staff Report on Google: Much Ado About Nothing
The Wall Street Journal reported yesterday that the FTC Bureau of Competition staff report to the commissioners in the Google antitrust investigation recommended that the Commission approve an antitrust suit against the company. While this is excellent fodder for a few hours of Twitter hysteria, it takes more than 140 characters to delve into the ... FTC Staff Report on Google: Much Ado About Nothing
Innovation Death Panels and Other Economic Shortcomings of the White House Proposed Privacy Bill
In short, all of this hand-wringing over privacy is largely a tempest in a teapot โ especially when one considers the extent to which the White House and other government bodies have studiously ignored the real threat: government misuse of data ร la the NSA. Itโs almost as if the White House is deliberately shifting the public's gaze from the reality of extensive government spying by directing it toward a fantasy world of nefarious corporations abusing private informationโฆ. The White Houseโs proposed bill is emblematic of many government โfixesโ to largely non-existent privacy issues, and it exhibits the same core defects that undermine both its claims and its proposed solutions. As a result, the proposed bill vastly overemphasizes regulation to the dangerous detriment of the innovative benefits of Big Data for consumers and society at large.
March 31 Heritage Foundation Speech by FTC Commissioner Ohlhausen on U.S. Supreme Courtโs North Carolina Dental Decision
In a recent post, I explained how the U.S. Supreme Court’s February 25 opinion in North Carolina Dental Board v. FTC (holding that a state regulatory board controlled by market participants must be “actively supervised” by the state to receive antitrust immunity) struck a significant blow against protectionist rent-seeking and for economic liberty. Maureen Ohlhausen, ... March 31 Heritage Foundation Speech by FTC Commissioner Ohlhausen on U.S. Supreme Courtโs North Carolina Dental Decision
ICLE White Paper: Broad fair use exceptions could discourage innovation worldwide
Today, the International Center for Law & Economics released a white paper, co-authored by Executive Director Geoffrey Manne and Senior Fellow Julian Morris, entitled Dangerous Exception: The detrimental effects of including “fair use” copyright exceptions in free trade agreements. Dangerous Exception explores the relationship between copyright, creativity and economic development in a networked global marketplace. ... ICLE White Paper: Broad fair use exceptions could discourage innovation worldwide
Interesting Upcoming Law and Economics Center Privacy Event
On Wednesday, March 18, our fellow law-and-economics-focused brethren at George Mason’s Law and Economics Center will host a very interesting morning briefing on the intersection of privacy, big data, consumer protection, and antitrust. FTC Commissioner Maureen Ohlhausen will keynote and she will be followed by what looks like will be a lively panel discussion. If you are in ... Interesting Upcoming Law and Economics Center Privacy Event
