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Let the Market Make Corrections and Leave the Red Tape Out of It
YouTube banned anti-vaccine content on its platform, Instagram is accused of being “toxic” for its teen users, and Facebook’s Oversight Board is routinely…
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Texas May Still Be the Wild West, But Its Social Media Shouldn’t Be
The Texas legislature passed and Governor Greg Abbott recently signed into law H.B. 20, which he described as “safeguarding the freedom of speech by…
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ABA Antitrust Event with Jessica Melugin
On Monday, June 28, at 1 pm EDT, I’ll be joining the American Bar Association for an antitrust event entitled, “Big Tech in the Cross-Hairs:…
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Why Increase the Cost and Scope of Antitrust?
Widely regarded as the least controversial of the five antitrust bills introduced in the House last week, the Merger Filing Fee Modernization Act would…
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Platform Competition and Opportunity Act Is An Innovation Killer That Won’t Serve Consumers
One of five antitrust bills introduced last week, The Platform Competition and Opportunity Act, would prohibit leading tech platforms from acquiring companies that are…
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ACCESS Bill Would Increase Consumer Privacy Risks and Stifle Innovation
One of five antitrust bills introduced last week, the Augmenting Compatibility and Competition by Enabling Service Switching Act (they did a lot of heavy…
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PRO-SPEECH Act Seeks to Reintroduce Problem Solved 25 Years Ago
For those generally skeptical of Congress’ ability to make good policy, the existence of Section 230 in the 1996 Communications Decency Act evokes a…
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Overboard over the Oversight Board
Yesterday’s decision by Facebook’s Oversight Board that the company was correct in restricting then-President Trump’s ability to post on January 7, 2021 and that…
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Decentralization Offers a Way out of the Social Media Content Wars
Thursday brought another politically charged installment of “a tale of two hearings” about online content moderation in the House of Representatives. Republicans scolded big…
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As California Goes on Regulation, so (Unfortunately) Goes the Nation
Last month, a federal judge upheld California’s net neutrality regulations. That led to AT&T’s announcement this week that they will no longer exempt…
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Lawmakers Should Tread Carefully When Trying to Balance Privacy with Security
It’s been said that a compromise is the art of dividing a cake in such a way that everyone believes he has the biggest…
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Those Who Forget the Antitrust Mistakes of the Past Are Bound to Repeat Them
Yesterday’s Senate antitrust hearing was broad in its discussion of reforms, but one point deserves clarification. A witness from Open Markets centered much of…
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Virginia, Famed for Its Ham, Delivers a Turkey on Privacy
The Virginia House of Delegates and Senate recently passed consumer privacy legislation, the Virginia Consumer Protection Act. The bill has elements similar to its…
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New Legislation Aims to Give More Power to Antitrust Enforcers
Today, incoming head of the Senate antitrust subcommittee, Sen. Amy Klobuchar (D-MN) introduced the Competition and Antitrust Law Enforcement Reform Act. The contents of…
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The Danger in Blurring the Private and Public Boundaries with Government Regulation
The recent decisions of many technology companies to remove users and customers from their platforms have deeply divided Americans. Many Americans feel censored and discriminated…
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Amazon’s Private Labels Don’t Threaten Competition
A recent Wall Street Journal article raises concerns about Amazon’s generics offerings and the online retailer’s business practices surrounding diaper sales. In evaluating…
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Facebook Antitrust Suits Disregard Consumer Welfare
Today the Federal Trade Commission (FTC) and 48 state attorneys general announced antitrust suits against Facebook, asserting the social media company’s acquisitions of…
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On Online Speech, Sasse Stands Alone
There was an almost total lack of skepticism of expanding government regulation of online content moderation at yesterday’s Senate hearing with the CEOs of…
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Biden Tech Policy Preview
Joe Biden has been declared the president-elect (I’m pretty sure). Here’s what a Biden administration and a (presumably) divided Congress might mean for tech issues.
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SAFE DATA Act a Risk for Consumers
Republican members of the Senate Commerce Committee recently introduced the SAFE DATA Act. While the bill includes much needed federal preemption of state privacy laws,…
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Don’t Panic Over Ad Tech
The Senate Judiciary Committee will hold an antitrust hearing on September 15 to examine Google’s 90 percent market share in online advertising. Senators who would…
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No Market Failure, No New Regulations
The U.S. Senate is about to consider federally regulating transportation network companies (TNCs) for the first time. But proof of market failure should always be…
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INFORM Me When It’s Over
Among other depressing developments, 2020 saw the introduction of the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (INFORM) in both houses…
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Tech Antitrust Hearing as Political Theater
Large, innovative tech companies have been invaluable during the COVID-19 crisis, helping to ease the burden of millions of Americans and businesses under quarantine. But…
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Antitrust Tech Hearing Unlikely to Prove Useful
Monday’s upcoming House Antitrust Subcommittee hearing featuring CEOs from Facebook, Amazon, Google, and Apple may turn out to have very little to do with antitrust.
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Is Apple a Bad Antitrust Apple?
The European Union announced last week that it is pursuing two antitrust probes against the tech giant. EU authorities are investigating whether Apple violated European…
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Calls to “Reform” Section 230 of Communications Decency Act Are Misguided—and Thankfully Unlikely to Succeed
This week, four U.S. Senators asked the FCC to “take a fresh look at Section 230 of the 1996 Communications Decency Act .” Real changes…
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Executive Order on Social Media Threatens Property Rights and Free Speech
Today’s Executive Order on Section 230 liability protections for online platforms violates the First Amendment and property rights of social media companies, contradicts the most…
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Presidential Panel on Social Media Bias Misfires
Last week, The Wall Street Journal reported that the Trump administration is considering forming a panel to investigate charges of discrimination against right-leaning users and…
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Antitrust Investigation of Amazon Won’t Benefit Consumers
Launching another antitrust investigation into Amazon won’t benefit consumers. The U.S. antitrust law standard is consumer harm. To stretch antitrust investigations to include data, privacy,…