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LBRY Cryptocurrency Prosecution Shows SEC’s Misplaced Priorities
The Securities and Exchange Commission (SEC), without authorization from Congress or from formal rulemaking, continues its punitive push against blockchain-based companies that sell native tokens…
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This Week in Ridiculous Regulations
Treasury Secretary Janet Yellen floated the idea of a global minimum corporate tax and Amazon workers in Alabama voted against unionizing. The Biden…
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More Good News on the Road to Ending the Pandemic
A new study from the Center for Disease Control and Prevention, which shows that a single dose of either the Pfizer-BioNTech or the Moderna…
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Are Janus Violations a RICO Matter?
Ever since the Supreme Court’s 2018 ruling in Janus v. AFSCME that public sector workers cannot be forced to financially support unions, labor groups…
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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,…
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Market Dynamics Will Force Zoom to Reform Faster and More effectively than Government Regulation
The videoconferencing service Zoom recently ran into some privacy concerns with leaked videos and hacked online meetings. Reaction has been swift and flawed from many…
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On Balance, We’re All Better Off With Big Tech and Big Telecom During a Crisis
Thanks to the novel Coronavirus, the U.S. economy has come to an unprecedented halt and the country’s death toll stands at more than 20,000. Amid…
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Antitrust Policy #NeverNeeded and Dangerous in a Crisis
The Justice Department and Federal Trade Commission will now allow some collaboration between companies to address the corona virus health threat. They also warned a…
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Regulatory Restraint, Full Throttle
Members of Congress pursuing compromise or bipartisan net neutrality legislation should think twice about regulating away certain practices as a priori harmful. Among the greatest…