NetChoice, Net Neutrality, and the Future of the First Amendment Online
In an expected decision (but with a somewhat unexpected coalition), the U.S. Supreme Court has moved 5 to 4 to vacate an order issued early last month by the 5th U.S. Circuit Court of Appeals, which stayed an earlier December 2021 order from the U.S. District Court for the Western District of Texas enjoining Texas’ ... NetChoice, Net Neutrality, and the Future of the First Amendment Online
The Market for Speech Governance: Free Speech Strikes Back?
The tentatively pending sale of Twitter to Elon Musk has been greeted with celebration by many on the right, along with lamentation by some on the left, regarding what it portends for the platform’s moderation policies. Musk, for his part, has announced that he believes Twitter should be a free-speech haven and that it needs ... The Market for Speech Governance: Free Speech Strikes Back?
The Return of (De Facto) Rate Regulation: Title II Will Slow Broadband Deployment and Access
President Joe Biden’s nomination of Gigi Sohn to serve on the Federal Communications Commission (FCC)—scheduled for a second hearing before the Senate Commerce Committee Feb. 9—has been met with speculation that it presages renewed efforts at the FCC to enforce net neutrality. A veteran of tech policy battles, Sohn served as counselor to former FCC ... The Return of (De Facto) Rate Regulation: Title II Will Slow Broadband Deployment and Access
Fleites v. MindGeek Contemplates Significant Expansion of Collateral Liability
In Fleites v. MindGeek—currently before the U.S. District Court for the District of Central California, Southern Division—plaintiffs seek to hold MindGeek subsidiary PornHub liable for alleged instances of human trafficking under the Racketeer Influenced and Corrupt Organizations (RICO) and the Trafficking Victims Protection Reauthorization Act (TVPRA). Writing for the International Center for Law & Economics ... Fleites v. MindGeek Contemplates Significant Expansion of Collateral Liability
The FTC’s Privacy Report Fails to Justify Asymmetric Regulation of ISPs
Others already have noted that the Federal Trade Commission’s (FTC) recently released 6(b) report on the privacy practices of Internet service providers (ISPs) fails to comprehend that widespread adoption of privacy-enabling technology—in particular, Hypertext Transfer Protocol Secure (HTTPS) and DNS over HTTPS (DoH), but also the use of virtual private networks (VPNs)—largely precludes ISPs from ... The FTC’s Privacy Report Fails to Justify Asymmetric Regulation of ISPs
The BIF Offers a Good First Step for Broadband, but the Devil Will Be in the Details
Capping months of inter-chamber legislative wrangling, President Joe Biden on Nov. 15 signed the $1 trillion Infrastructure Investment and Jobs Act (also known as the bipartisan infrastructure framework, or BIF), which sets aside $65 billion of federal funding for broadband projects. While there is much to praise about the package’s focus on broadband deployment and ... The BIF Offers a Good First Step for Broadband, but the Devil Will Be in the Details
Doubling Down on Durbin Disaster: Interchange Fee Caps Shortchange Consumers
The U.S. economy survived the COVID-19 pandemic and associated government-imposed business shutdowns with a variety of innovations that facilitated online shopping, contactless payments, and reduced use and handling of cash, a known vector of disease transmission. While many of these innovations were new, they would have been impossible but for their reliance on an established ... Doubling Down on Durbin Disaster: Interchange Fee Caps Shortchange Consumers
Build Broadband Better: Focus on Competition, Not Competitors
President Joe Biden named his post-COVID-19 agenda “Build Back Better,” but his proposals to prioritize support for government-run broadband service “with less pressure to turn profits” and to “reduce Internet prices for all Americans” will slow broadband deployment and leave taxpayers with an enormous bill. Policymakers should pay particular heed to this danger, amid news ... Build Broadband Better: Focus on Competition, Not Competitors
An L&E Defense of the First Amendment’s Protection of Private Ordering
In his recent concurrence in Biden v. Knight, Justice Clarence Thomas sketched a roadmap for how to regulate social-media platforms. The animating factor for Thomas, much like for other conservatives, appears to be a sense that Big Tech has exhibited anti-conservative bias in its moderation decisions, most prominently by excluding former President Donald Trump from ... An L&E Defense of the First Amendment’s Protection of Private Ordering
Committee Prepares to Grill Tech CEOS, but It Is the First Amendment That Could Get Torched
In what has become regularly scheduled programming on Capitol Hill, Facebook CEO Mark Zuckerberg, Twitter CEO Jack Dorsey, and Google CEO Sundar Pichai will be subject to yet another round of congressional grilling—this time, about the platforms’ content-moderation policies—during a March 25 joint hearing of two subcommittees of the House Energy and Commerce Committee. The ... Committee Prepares to Grill Tech CEOS, but It Is the First Amendment That Could Get Torched
The Forgotten Strand of the Anti-Monopoly Tradition in Anglo-American Law
Admirers of the late Supreme Court Justice Louis Brandeis and other antitrust populists often trace the history of American anti-monopoly sentiments from the Founding Era through the Progressive Era’s passage of laws to fight the scourge of 19th century monopolists. For example, Matt Stoller of the American Economic Liberties Project, both in his book Goliath ... The Forgotten Strand of the Anti-Monopoly Tradition in Anglo-American Law
Conflict of Interest in Prosecuting Police Officers: Examining the Incentives Facing District Attorneys
High-profile cases like those of Michael Brown in Ferguson, Missouri, and Breonna Taylor in Louisville, Kentucky, have garnered attention from the media and the academy alike about decisions by grand juries not to charge police officers with homicide. While much of this focus centers on alleged racial bias on the part of police officers and ... Conflict of Interest in Prosecuting Police Officers: Examining the Incentives Facing District Attorneys
