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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…