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For the sake of user privacy, keep Google search remedies narrow and germane
The movement in the Biden and Trump administrations of antitrust officials away from consumer welfare and towards a federal judiciary of active regulation is on…
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A light in the darkness: Federal preemption for AI regulation
The joy of federal preemption may soon be upon us. The House Energy and Commerce Committee included a ten-year moratorium on state AI regulation…
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Otherwise Objectionable episode 6: ‘The Rest of the World’
The sixth episode of Otherwise Objectionable, the narrative-driven podcast that tells the true story of Section 230 of the 1996 Telecommunications Act, focuses on…
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Otherwise Objectionable episode 5: ‘Blowback, and the Dust Settles’
The fifth episode of Otherwise Objectionable, the narrative-driven podcast that tells the true story of Section 230 of the 1996 Telecommunications Act, recounts how the…
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Otherwise Objectionable episode 4: ‘The Solution’
The fourth episode of Otherwise Objectionable, the narrative-driven podcast that tells the true story of Section 230 of the 1996 Telecommunications Act, picks up…
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Otherwise Objectionable episode 3: ‘Law and Disorder’
The third episode of Otherwise Objectionable, the narrative-driven podcast that tells the true story of Section 230 of the 1996 Telecommunications Act, moves beyond…
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Otherwise Objectionable episode 2: ‘The Dawn of the Internet’
The second episode of Otherwise Objectionable, the narrative-driven podcast that tells the true story of Section 230 of the 1996 Telecommunications Act, focuses on…
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Otherwise Objectionable Podcast episode 1: ‘The Most Misunderstood Law on the Internet’
Otherwise Objectionable is the brand-new limited series podcast that tells the true story of how a previously-obscure defamation law, Section 230 of the 1996…
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A blueprint for digital censorship in the US?
Internal documents from the Center for Countering Digital Hate (CCDH), as revealed by digital censorship journalist Matt Taibbi, showed that the group’s primary…
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Searching for a remedy that makes sense
The Department of Justice recently sent its proposed remedies to the federal judge who found Google guilty of illegally monopolizing web search. Specifically,…
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Missing the economists in FTC’s latest PBM study
The Federal Trade Commission (FTC) released its not-so-objectively titled interim report on Pharmacy Benefit Managers (PBMs): Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug…
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Everyone agrees we need more spectrum, so why is Congress making it complicated?
Politics prioritized over policy is de rigueur these days, but it shouldn’t be for spectrum auction reauthorization. The importance to the US economy and to…
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How a carefully planned strategy can persuade a skeptical judiciary
Former FTC Bureau of Consumer Protection Director Howard Beales and former FTC Chairman Timothy J. Muris co-authored a new CEI paper contrasting the radical…
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US move to ban TikTok a troubling signal for our great experiment in self-determination
As a part of a foreign aid funding package, the Senate passed a bill mandating TikTok’s divestiture from Chinese-based parent company, ByteDance. Biden…
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Off-the-rails FTC wrong answer for keeping kids safe online
This week the Washington Post reported that the Kids Online Safety Act (KOSA) is poised to pass the Senate, but faces hurdles in…
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Silver lining? New federal merger guidelines: 11 bad ideas instead of 13!
Today the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly issued their final version of the 2023 Merger Guidelines.
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Justice Department ignores consumers, boosts Bing in Google antitrust trial
The Department of Justice’s (DOJ) case accusing Google of having and unlawfully maintaining a monopoly in search is in full swing in US District…
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Lina Khan’s whole new level of economic bloodletting
The Biden administration in its Executive Order on Promoting Competition in the American Economy and, more pointedly, the Federal Trade Commission in many of…
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When the Policy is This Bad, Politics Might Be the Only Explanation
Florida Governor Ron DeSantis recently proposed a tech agenda as his “Digital Bill of Rights” for the state’ blessedly short 60-day legislative session. While there…
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Trust, but Verify via Congressional Oversight
Is the Federal Trade Commission’s request that Twitter hand over the names of “all journalists and other members of the media to whom” the social…
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Some Things are Just Business, Not Politics – and That’s a Good Thing
The Conservative Political Action Conference (CPAC) was the predictable venue for Newsmax CEO Chris Ruddy to portrait DirecTV’s recent decision to stop carrying the channel…
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Trust, but Verify via Congressional Oversight
Is the Federal Trade Commission’s request that Twitter hand over the names of “all journalists and other members of the media to whom” the social…
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Collusion Is Harmful and Illegal—Except When a Federal Agency Does It?
The Wall Street Journal reports today, thanks to FOIA requests by the Chamber of Commerce, that it appears the Federal Trade Commission (FTC) conspired…
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State of the Union: Heavy-Handed Tech Regulation Fails to Appeal to Many Democratic Voters
President Biden should take advantage of breaking spy balloon news to talk about that—or anything else—instead of re-upping calls for regulation aimed at big tech…
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FTC Should Not Trade Consumer Welfare for an Antitrust Crystal Ball
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The Federal Trade Commission Is in Dire Need of an Intervention
In recent years, the Federal Trade Commission (FTC) has become increasingly aggressive in its antitrust actions and policies. This expansion will be harmful to American…
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Gonzales v. Google: How I Learned to Stop Worrying and Love Algorithms
Today the Supreme Court agreed to hear Gonzales v. Google, LLC, a case that evaluates how broadly the liability protection is for platforms in…
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Current Antitrust Proposals No “Laffing” Matter
A new report by Laffer Associates released today, Read ‘Em and Weep: How the American Innovation and Choice Online Act (S. 2992) and Other…
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Elon vs. the Regulators
A $43 billion sale of Twitter to Elon Musk looks more and more like a done deal. Depending on who you ask, Musk will…
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“Letter” Rip: The Justice Department Would Like More Power, Please
In its first backing of specific antirust legislation, the Justice Department (DOJ) sent a letter in support of the American Innovation and Choice…
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All Social Media Will Need to Moderate Content
Roughly a year after being booted off the most popular social media networks, former President Trump launched his own digital platform last weekend, Truth…
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Staying the Course for Liberty
At the Competitive Enterprise Institute, we focus on policy issues ranging from tech and telecommunications to energy and the environment to financial regulation and monetary…
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Don’t EARN IT
Bad policy made with good intentions still delivers poor results. That is the case with the Eliminating Abusive and Rampant Neglect of Interactive Technologies…
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Protect Consumers, Not Competitors
The Open App Markets Act (S. 2710) is the latest in a parade of antitrust legislation aimed at reining in “big tech” companies that…
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A Dangerous Antitrust Game for Microsoft and Consumers
Microsoft’s couldn’t have picked a more inauspicious day to announce its planned acquisition of gaming company, Activision Blizzard. The news came concurrently with antitrust regulators…
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The American Innovation and Choice Online Act Would Regulate Away Consumer Benefits
Perhaps Congress’ enthusiasm for ongoing government oversight of business decisions, embodied in tomorrow’s closed door markup of the American Innovation and Choice Online Act…
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In Russia, Government Tells Internet What to Say
As a general rule, if you’re on the same regulatory page as Russia, you should probably turn the page—if not set fire to it. But…
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An Option Isn’t an Option When It’s Mandatory, Even Online
Later this year, Instagram users will have the option of a chronological feed of the accounts they follow. This option is already available to…
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New York State of Mind Wrong on Social Media Regulation
Recent injunctions, in both Florida and Texas, against state-level social media laws championed by Republicans illustrate the difficulties of regulating content moderation online.
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The Platform Competition and Opportunity Act Will Harm Innovation and Competition
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Social Media in Parallel Universes
The chasm between the political discourse at yesterday’s House Committee on Energy and Commerce hearing on social media platforms and the legal decision…
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Facebook Leaks Are Hardly Newsworthy
The frenzied media coverage of Facebook document leaks seems to confuse hosting disagreeable content with the platform being the cause of humanity’s ills. Worries…
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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,…
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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…
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Need for More Wireless Spectrum Will Persist beyond COVID-19 Crisis with Introduction of 5G Technology
Last week, T-Mobile, Verizon, AT&T and US Cellular all asked the FCC for temporary access to additional spectrum to accommodate the recent increased demand for…
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Federal Court Rightly Affirms Online Platforms’ First Amendment Rights
This week the Ninth Circuit Court of Appeals ruled that, “despite YouTube’s ubiquity and its role as a publicfacing platform, it remains a private forum,…
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Amazon Documentary Shows How Consumers Benefit
PBS’s Frontline aired its documentary, “Amazon Empire: The Rise and Reign of Jeff Bezos,” last night. While the tone of the piece was markedly suspicious,…
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Proposed iHeart Media Acquisition Threatened by Antitrust Regulation
The Wall Street Journal recently reported that Liberty Media Corp, which already owns Sirius XM satellite radio, including its Pandora streaming service, and 33% of…
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California’s New Privacy Law Will Harm Consumers and Innovation
The California Consumer Privacy Act (CCPA) goes into effect January 1, 2020. The law requires companies of a certain size that collect information on customers…
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Department of Justice Wrong to Block Sabre Acquisition of Farelogix
On January 27th, the United States Department of Justice (DOJ) will attempt to block travel technology company Sabre Corporation from purchasing communications protocol innovator Farelogix, Inc. This will be the…
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Government of Singapore Demonstrates Real Online Censorship
Singapore’s recent policing of online content provides an instructive example of the difference between private curating of material by platform owners and dangerous curtailing of…
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Twitter’s Ban on Political Ads Has No First Amendment Implications
Twitter Chief Executive Jack Dorsey announced that the social media platform will ban all political advertising. This comes on the heels of Facebook’s recent announcement…
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States Making Predictable Grab for Revenue via Online Sales Taxes
Fallout from the 2018 South Dakota v. Wayfair Supreme Court decision, which allowed remote sales tax collection from online purchases, has begun and The Wall Street Journal editorialized…
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Department of Justice Creates Frankenstein Imitation of Market Competition
The Department of Justice’s long-awaited merger approval for T-Mobile and Sprint is good news for consumers on balance, but the conditions required for the agency’s blessing are…
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State Officials, Department of Justice Should Green-Light Sprint-T-Mobile Merger
Yesterday’s filing by ten state attorneys general to block the proposed merger of wireless carriers T-Mobile and Sprint is the latest threat to the innovations…
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Liberate Local TV Programming from Price Controls
The Senate Commerce Committee plans to hold a hearing on the state of the media marketplace on June 5 and the debate around reauthorizing The…
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Federal Communications Commission Wisely Steps out of Way of Sprint/T-Mobile Merger
Today the Federal Communications Commission signaled it will likely vote to approve the merger of Sprint and T-Mobile.
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Don’t Let Facebook Team up with Big Government to Censor the Web
Facebook’s expulsion of several controversial figures from its platform last week is an example of a company managing its own private property to what it…
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Net Neutrality Regulation Still a Bad Idea
The debate at today’s House Committee on Energy and Commerce hearing was largely between making blocking, throttling, and fast lanes illegal and going further to…
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Agenda for the 116th Congress: Tech and Telecom
As technology and telecommunications evolve, new challenges inevitably arise for policy makers. New mandates or prohibitions should be avoided in all but the most exceptional…
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New Cable Franchise Rules to Benefit Consumers
In September of last year, the Federal Communications Commission issued a further notice of proposed rulemaking clarifying how the amount that cities are allowed to…
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End of the Road for Net Neutrality Comeback Attempt
The end of the 115th Congress meant the end of using the Congressional Review Act to void the Federal Communication Commission’s repeal of Obama-era net…
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Year in Review 2018: Internet Sales Tax
On June 21, 2018, in South Dakota v. Wayfair, the U.S. Supreme Court reversed fifty years of precedent by allowing states to collect sales taxes…
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Best Books of 2018: Life after Google
Are Tucker Carlson’s predictions of Google taking over the future keeping you up at night? Sooth yourself with the creative destruction described in “Life after…
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Last-Minute Delay in CVS-Aetna Deal Could Threaten Consumer Benefits
U.S. District Court Judge Richard Leon surprised many on Monday when he announced he may halt the integration of CVS pharmacy’s assets with the nation’s…
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Discard Static Market Analysis, Let Sprint and T-Mobile Merge
The Competitive Enterprise Institute has been making a convincing case for a swift and condition-free approval from regulators of the proposed Sprint and T-Mobile…
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U.S. Justice Department Challenges California Net Neutrality Rules
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Supreme Court Devastates Small Online Businesses and Consumers in South Dakota v. Wayfair
Today’s Supreme Court decision in South Dakota v. Wayfair is extremely disappointing and will likely cost online sellers and consumers dearly. Stopping state regulatory…