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OpenMarket: Ryan Radia

  • Facebook's $5 Billion Privacy Fine Almost Certainly Too High

    September 3, 2019
    Facebook has faced intense criticism from lawmakers and regulators since last spring, when The Observer and The New York Times reported that data from over 50 million Facebook users had been harvested as part of Cambridge Analytica’s effort to influence American voters.
  • Most of Federal Government Action Would Survive Even Strict 'Gundy' Analysis

    July 11, 2019
    The Supreme Court’s recent decision in Gundy v. United States “suggests that the way our government works will be substantially changed towards greater democratic involvement,” as my colleague Devin Watkins explained on these pages last week. Although the Constitution permits Congress to pass laws that “leave the executive the responsibility to find facts and fill up details,” as Justice Gorsuch wrote in his Gundy dissent, “Congress must set forth standards ‘sufficiently definite and precise to enable Congress, the courts, and the public to ascertain’ whether Congress’s guidance has been followed.”
  • California's Attempt at Net Neutrality Clearly Unconstitutional

    October 15, 2018

    On September 30, California Governor Jerry Brown signed into law SB-822, a set of regulations on Internet service providers that’s slated to go into effect at the beginning of 2019. Often referred to as a “net neutrality” bill, SB-822 aims to impose on Internet providers several sweeping mandates derived from a regulation issued by the Federal Communications Commission in 2015.

  • Justice Department Shouldn't Second-Guess Shareholders in T-Mobile-Sprint Merger

    July 17, 2018

    T-Mobile and Sprint—the third and fourth largest mobile carriers in the United States, respectively—are in the process of merging into a single company under the T-Mobile brand. Together, T-Mobile–Sprint would have roughly 127 million subscribers, meaning the merged firm would for the first time rival the nations’ two largest wireless companies, Verizon Wireless and AT&T, which have long led the pack among U.S. carriers. 

  • Congress Should Reform Antitrust Law with SMARTER Act

    May 31, 2018

    When an American company wishes to merge with or acquire another company, reaching an agreement that satisfies both firms’ owners and managers is not always enough. For most mergers and acquisitions valued at over roughly $80 million, companies must submit tons of paperwork and pay a sizable fee to the Federal Trade Commission and the Department of Justice before they can finalize any deal. Once these filings are complete, the companies can’t finalize their transaction until a waiting period of up to 30 days has elapsed.

  • Congressional Review Act Wrong Way to Legislate on Net Neutrality

    May 15, 2018

    On Wednesday, May 16, the Senate is expected to vote on a Congressional Review Act (CRA) resolution of disapproval that purports to undo the Federal Communications Commission’s Restoring Internet Freedom order. The order, approved by the FCC in December 2017, reversed the agency’s earlier decision in 2015 to regulate Internet service providers like public utilities under Title II of the Communications Act, a federal law originally enacted in 1934 to govern the old Ma Bell telephone...

  • Congress Impatient for Zuckerberg Privacy Testimony

    April 9, 2018

    With Facebook in Congress’s crosshairs, America’s leading Internet companies—sometimes known as “big tech”—arguably face a greater risk of regulation than at any time in their relatively brief history. 

  • A Highly-Skilled Opportunity for Trump on Immigration

    January 29, 2018

    If the president wants to make America great again, he should call for an expansion of high-skilled immigration to improve the competitiveness of U.S. companies, reduce federal deficits, and fuel American economic growth.

  • Tech Crystal Ball 2018

    December 27, 2017

    Internet Sales Tax

    In January, the Supreme Court will announce whether it will hear South Dakota v Wayfare Inc., a challenge to North Dakota v. Quill Corp., the opinion that currently limits states from reaching across their border to collect sales tax from remote businesses.

  • Disney and Fox Merger Will Boost Competition; That's Good for Everyone

    December 14, 2017

    The Walt Disney Company has come to an agreement to buy most of 21st Century Fox’s assets for $52.4 billion, but before the deal goes through, it will face scrutiny from antitrust regulators. The Department of Justice (DOJ), under the Trump administration, made the surprising and misguided decision last month to sue to block the merger of AT&T and Time Warner, so it’s hard to predict how DOJ will react to the Disney-Fox deal. Given that the deal will increase competition in online streaming and might encourage Hollywood to keep taking risks on big-budget films, the government should let the transaction go through.

    Although Disney and Fox...


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