ICLE urges Supreme Court to review DC Circuit decision in Open Internet Order...
Today the International Center for Law & Economics (ICLE) submitted an amicus brief urging the Supreme Court to review the DC Circuit’s 2016 decision upholding the FCC’s 2015 Open Internet Order....
View ArticleThe destiny of telecom regulation is antitrust
This week the FCC will vote on Chairman Ajit Pai’s Restoring Internet Freedom Order. Once implemented, the Order will rescind the 2015 Open Internet Order and return antitrust and consumer protection...
View ArticleTrade Agreements and Restatements as End Runs Around the Rule of Law
The Internet is a modern miracle: from providing all varieties of entertainment, to facilitating life-saving technologies, to keeping us connected with distant loved ones, the scope of the Internet’s...
View ArticleA preliminary assessment of the relative antitrust risk of a Comcast vs...
As has been rumored in the press for a few weeks, today Comcast announced it is considering making a renewed bid for a large chunk of Twenty-First Century Fox’s (Fox) assets. Fox is in the process of a...
View ArticleThe ICANN Board’s Important Test of Independence: .Amazon
One of the main concerns I had during the IANA transition was the extent to which the newly independent organization would be able to behave impartially, implementing its own policies and bylaws in an...
View ArticleSection 230 principles for lawmakers and a note of caution as Trump convenes...
This morning a diverse group of more than 75 academics, scholars, and civil society organizations — including ICLE and several of its academic affiliates — published a set of seven “Principles for...
View ArticleThere’s nothing “conservative” about Trump’s views on free speech and the...
Yesterday was President Trump’s big “Social Media Summit” where he got together with a number of right-wing firebrands to decry the power of Big Tech to censor conservatives online. According to the...
View ArticleThe Third Circuit’s Oberdorf v. Amazon opinion offers a good approach to...
[Note: A group of 50 academics and 27 organizations, including both myself and ICLE, recently released a statement of principles for lawmakers to consider in discussions of Section 230.] In a...
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Debunking Elizabeth Warren’s Claim That “More Than 70% of All Internet...
In March of this year, Elizabeth Warren announced her proposal to break up Big Tech in a blog post on Medium. She tried to paint the tech giants as dominant players crushing their smaller competitors...
View ArticleThe Snobbery of Bashing Big Tech
This guest post is by Corbin K. Barthold, Senior Litigation Counsel at Washington Legal Foundation. In the spring of 1669 a “flying coach” transported six passengers from Oxford to London in a single...
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First Amendment Conflict of Visions Redux: The Case of Facebook’s Oversight...
In the wake of the launch of Facebook’s content oversight board, Republican Senator Josh Hawley and FCC Commissioner Brendan Carr, among others, have taken to Twitter to levy criticisms at the firm...
View ArticleThe Earn IT Act and the Institutional Limits of Congress
As the initial shock of the COVID quarantine wanes, the Techlash waxes again bringing with it a raft of renewed legislative proposals to take on Big Tech. Prominent among these is the EARN IT Act (the...
View ArticleSenator Hawley’s Unconstitutional, Unconservative Attack on the Internet
Twitter’s decision to begin fact-checking the President’s tweets caused a long-simmering distrust between conservatives and online platforms to boil over late last month. This has led some...
View ArticleConservatism and the Section 230 Debate: Applying First Principles
Over at the Federalist Society’s blog, there has been an ongoing debate about what to do about Section 230. While there has long-been variety in what we call conservatism in the United States, the...
View ArticleThe Dishonesty of Conservative Attacks on Section 230
President Donald Trump has repeatedly called for repeal of Section 230. But while Trump and fellow conservatives decry Big Tech companies for their alleged anti-conservative bias, including at yet...
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Introductory Post: The United States v. Google
[TOTM: The following is part of a digital symposium by TOTM guests and authors on the law, economics, and policy of the antitrust lawsuits against Google. The entire series of posts is available...
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Google and Shifting Conceptions of What It Means to Improve a Product
[TOTM: The following is part of a digital symposium by TOTM guests and authors on the law, economics, and policy of the antitrust lawsuits against Google. The entire series of posts is available...
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The Antitrust Prohibition of Favoritism, or the Imposition of Corporate...
[TOTM: The following is part of a digital symposium by TOTM guests and authors on the law, economics, and policy of the antitrust lawsuits against Google. The entire series of posts is available...
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Trade Promotions in High Tech
[TOTM: The following is part of a digital symposium by TOTM guests and authors on the law, economics, and policy of the antitrust lawsuits against Google. The entire series of posts is available...
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The (Conventional) 5G Chairman
[TOTM: The following is part of a digital symposium by TOTM guests and authors on the legal and regulatory issues that arose during Ajit Pai’s tenure as chairman of the Federal Communications...
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