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No Permission Needed
Robust, resilient, and high-capacity internet service is critical to America’s economic prosperity and success. A key part of internet service is Wi-Fi, which provides Americans…
Blog
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…
Blog
The bait and switch of Government Owned Networks
We are all familiar with bait and switch, the deceptive practice where a customer is enticed by one offer and then forced into a higher…
Search Posts
Study
No Permission Needed
Robust, resilient, and high-capacity internet service is critical to America’s economic prosperity and success. A key part of internet service is Wi-Fi, which provides Americans…
Blog
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…
Blog
The bait and switch of Government Owned Networks
We are all familiar with bait and switch, the deceptive practice where a customer is enticed by one offer and then forced into a higher…
Blog
Crickets: Congressional silence on a new communications act
In what seems to be news to legislators and regulators, the communications marketplace is innovative and dynamic. The platforms used to consume increasingly varied types…
Blog
The FCC snares broadband in web of regulation
In the children’s book Walter’s Wonderful Web, a determined spider builds webs that are too “wibbly-wobbly” to withstand the wind but perseveres until he constructs…
Blog
FCC wants European-style broadband regulation, would throttle American consumers
Aristotle said that nature abhors a vacuum so that every space in nature must be filled. Apparently, the FCC has taken inspiration from ancient Greek…
Blog
Net neutrality is political predation
It’s fitting that the Federal Communications Commission (FCC) chose to dig up the net neutrality corpse just before Halloween. Now, our elected representatives need to…
Blog
Here we go again: FCC tries to bring back failed ‘net neutrality’ regulation
Federal Communications Commission (FCC) Chair Jessica Rosenworcel announced a proposed rulemaking to apply Title II of the Communications Act and common carrier regulation once again…
Fox Business
AI tools such as ChatGPT are the hottest new trend for companies, but experts urge caution
Fox Business cites Director of the Center for Technology and Innovation Jessica Melugin on AI tools: According to Jessica Melugin, director…
Blog
How Ofcom can develop more flexible net neutrality rules for specialised services
The United Kingdom needs more flexible net neutrality rules as the Rishi Sunak government seeks to bolster the country’s leadership in emerging technologies. Creating more…
Blog
Biden Administration Is Late to Right to Repair Party, but that Won’t Stop Them from Taking Credit
President Biden signed an Executive Order on “Promoting Competition in the American Economy” in July 2021. The EO covered a wide-range of policy…
Blog
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…
Blog
How the UK Can Reform Net Neutrality Regulations and Promote Innovation
As post-Brexit United Kingdom recalibrates its approach to net neutrality, the country needs to balance competing priorities of Internet access, efficient broadband networks, consumer…
Blog
Not Your Grandfather’s Bank Branch
What should financial services do? And how should they look like going forward as they try to serve more people? Some presenters are the recent…
Blog
We Need to Pay More Attention to AI
Artificial intelligence (AI) is one of the most important emerging technologies today. It has the potential to revolutionize many industries and sectors, including health care,…
Blog
Meta’s Drop in Stock Price Unlikely to Dissuade Antitrust Inquiries, but It Should.
“We don’t even know what it is yet.” That’s how the theatrical depiction of Mark Zuckerberg described “The Facebook” to his then co-founder Eduardo…
Blog
“Abracadabra”: European Union Regulators Make Innovation Disappear
Members of the European Parliament are eagerly awaiting their Hogwarts acceptance letters to attend the famous school of wizardry. In their view, they have…
Blog
Virtual Reality and the Relevant Market Fallacy
The relevant market fallacy is one of the most common analytical mistakes in antitrust policy. One of the first legal questions in an antitrust…
Blog
New York Right to Repair Bill Is a Bad Idea
Do consumers have the right to repair their smartphones, tablets, and laptops? The short answer is yes. While copyright law may have some room for…
Blog
The Facebook Antitrust Case Is Aging Poorly
Antitrust cases often take years to litigate. While wasteful, this isn’t always a bad thing. The politics surrounding a case might stay the same, but…
News Release
House Republican-Led Investigation into TikTok Data Practices Highlights Concerns with Blurred Lines Between Private Entities and Government
WASHINGTON—Two senior House Republicans announced a national security-focused investigation into TikTok today. Rep. James Comer (R-KY), ranking member of the House Oversight and Reform…
Blog
New CEI Paper Lays Out the Worst in Tech Legislation
Bipartisanship in Congress is rare, but it shouldn’t always be celebrated. Bad ideas, despite consensus, still lead to bad results. And recent congressional efforts to…
News Release
Congress Has Bad Ideas on Tech Regulation: CEI Report
Congress has some bad ideas on regulating Big Tech, and a new Competitive Enterprise Institute report breaks it all down. “Lawmakers say they are concerned…
Study
Terrible Tech Bills from the 117th Congress
Congress is considering an onslaught of legislation targeting the largest tech platforms in the U.S., addressing topics such as mobile apps, advertising, merger review,…
Blog
European Parliament Gives Final Approval to Digital Markets Act and Digital Services Act
The European Parliament yesterday approved the Digital Markets Act (DMA) and the Digital Services Act (DSA), two expansive new laws that will target the…
News Release
CEI Report: Reforms to Universal Service Fund Will Allow the FCC to Cut Taxpayer Costs and Improve Broadband Affordability for Underserved Americans
WASHINGTON—Congress and the Federal Communications Commission (FCC) have an opportunity to both improve broadband connectivity and reduce costs to taxpayers by making some commonsense reforms…
Study
How Congress and the Federal Communications Commission Can Help Improve Affordable Internet Access to Underserved Populations
June 30, 2022 …
Blog
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…
Blog
The American Data Privacy and Protection Act Fails to Streamline Privacy Laws Nationwide and Promote Technological Innovation
As more states pass state-level data privacy laws, federal privacy law is becoming increasingly necessary to prevent a patchwork of confusing state-level legislation.
Blog
Eleven Lousy Tech Bills from the 117th Congress: Fair Repair Act
People drop their phones a lot. According to the electronic repair company uBreakiFix, 95 million smartphones are dropped annually in the U.S. and two…
National Review
Don’t Follow Europe on Tech Regulation
Policy-makers in the EU are about to finalize new digital-platform rules, many of which mirror U.S. proposals currently stalled in Congress. Like past European tech regulation,…
Blog
Eleven Lousy Tech Legislation from the 117th Congress: Competition and Transparency in Digital Advertising Act
There is a late entry to the 117th Congress’ list of worst tech legislation, requiring a new title for the blog series. There were already…
News Release
EU Digital Markets Act Threatens Consumer Access to Online Services, Products
A new Competitive Enterprise Institute report examines a European Union proposal to impose restrictions on technology companies, like stopping companies from preferencing house-brand products…
Study
The European Union’s Digital Markets Act Seeks to Regulate Competition with Little Regard to Impact on Consumers
Henrique Schneider is the deputy CEO of the Swiss Federation of Small and Medium Enterprises Coming full circle: For much of the 19th century, “trusts”…
Blog
Ten Terrible Tech Bills from the 117th Congress: Banning Surveillance Advertising Act of 2022
DuckDuckGo is a success story. Launched in 2008, the online search engine has centered its product around privacy. In short, they “don’t collect or…
Blog
Ten Terrible Tech Bills from the 117th Congress: ACCESS Act
AOL Instant Messenger (AIM), launched in 1997, was arguably the first social media platform, reaching over 36 million users by 2001. The Federal Trade…
Blog
Ten Terrible Tech Bills from the 117th Congress: Ending Platform Monopolies Act
Imagine shopping for a bicycle. You decide on a Trek bike after evaluating the options, user reviews, and specifications. The bicycle is delivered but without…
Blog
Ten Terrible Tech Bills from the 117th Congress: Filter Bubble Transparency Act
In Book VII of Plato’s Republic, Socrates introduces his allegory of the cave. Prisoners are chained in an underground cavern since birth. Their necks are…
Blog
Ten Terrible Tech Bills from the 117th Congress: Platform Competition and Opportunity Act
Tech startups are thriving. The COVID-19 pandemic and the corresponding government response created unique problems for facilitating communication, goods, and services. Fortunately, tech innovation helped…
Blog
Ten Terrible Tech Bills from the 117th Congress: EARN IT Act
There is no shortage of legislation addressing Section 230 of the Communications Decency Act introduced in the 117th Congress, with some legislators seeking to amend…
Blog
Ten Terrible Tech Bills from the 117th Congress: Prohibiting Anti-Competitive Mergers Act of 2022
Mergers are on Congress’ mind, clearly. Legislation aimed at increasing both the powers and budgets of antitrust enforcers are plentiful, with technology companies being the…
Blog
Ten Terrible Tech Bills from the 117th Congress: Open App Markets Act
Congress has an unhealthy fixation with app stores—and Congress isn’t alone. Both government and private parties filed antitrust lawsuits last year against the largest…
Blog
Ten Terrible Tech Bills from the 117th Congress: American Innovation and Choice Online Act
As Congress enters its final weeks before the midterm elections, many expect a late push to pass legislation targeting the largest technology companies. Dozens of…
Blog
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…
Blog
“Right to Repair” Bill Is a Move in the Wrong Direction
The Fair Repair Act (S. 3830), introduced in the Senate last month, would require electronic manufactures like Apple and Samsung to make certain information…
Blog
Elon Musk’s Purchase of Twitter Stock Is an Important Reminder of How Capitalism Works
The tech world was shaken by the recent news that Elon Musk, the world’s richest man, had bought up nearly one of every 10…
Blog
“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…
Blog
Amazon Antitrust Lawsuit Dismissed
Last year, District of Columbia Attorney General Karl Racine filed an antitrust lawsuit against Amazon over its third-party seller program. On Friday, a judge…
Blog
New Anti-Merger Bill Not Indexed for Inflation
Yesterday, I wrote about four problems with Sen. Elizabeth Warren (D-MA) and Rep. Mondaire Jones (D-NY)’s new antitrust bill, the Prohibiting Anti-Competitive Mergers…
Blog
New Antitrust Merger Bill Is Fatally Flawed
There is yet another antitrust bill in Congress. The Prohibiting Anticompetitive Mergers Act, sponsored by Sen. Elizabeth Warren (D-MA) and Rep. Mondaire Jones…
Blog
State Antitrust Lawsuit Trivializes Security Threats in Mobile App Market
Last July, 36 state attorneys general filed an antitrust suit against Google focusing on app distribution for Android devices through the Google Play Store.
Blog
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…
Blog
Good News for Facebook Competitors, Bad News for the FTC’s Antitrust Case
Thursday brought some interesting news, none of which were kind to the Federal Trade Commission’s (FTC) antitrust case against Facebook. First, Facebook’s number of…
Blog
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…
Blog
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…
Blog
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.
Blog
Why Both Democrats and Republicans Should Oppose Gigi Sohn’s Nomination as FCC Commissioner
On Wednesday, the Senate Commerce Committee held a confirmation hearing on the nomination of Gigi Sohn to the Federal Communications Commission (FCC). During the…
Blog
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…
Blog
The United States Should Oppose the EU’s Proposed Common Charger Regulation
The European Union (EU) wants to require all cell phone manufacturers to use a common charging device. According to European policy makers, if everyone…
Blog
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…
Blog
Web 3.0 Requires New Regulatory Thinking
“[A] digital economy isn’t simply an industrial economy on the internet.” The Blockchain Innovation Hub at the Royal Melbourne Institute of Technology in Australia…
Blog
UK’s Attempt to Block a Merger Between American Firms Could Cripple Innovation
As I explain in both an op-ed and regulatory comments submitted yesterday, the United Kingdom’s Competition and Markets Authority (CMA), the UK’s version…
Blog
FTC Re-Files Facebook Antitrust Complaint
The Federal Trade Commission (FTC) submitted a revised antitrust complaint against Facebook today. In June, a judge threw out the initial complaint for…
Blog
Big Tech Critic Jonathan Kanter Nominated to Lead Justice Department Antitrust Division
President Biden’s announcement to nominate long-time Big Tech adversary Jonathan Kanter to lead the Department of Justice Antitrust Division follows on the heels of…
Blog
An Unprecedented FTC Appointment
In June, President Biden broke precedent when he appointed Lina Khan as the new chair of the Federal Trade Commission (FTC). It has been…
Blog
Relevant Markets, A Dozen Keystrokes, and the Google Play Store Antitrust Lawsuit
Yesterday, after markets closed, 36 state attorneys general announced another antitrust lawsuit against Google. This complaint centers around Google’s Play Store, in which it…
Blog
New CEI Video: Section 230, Explained
The Competitive Enterprise Institute (CEI) released a new policy video today, aiming to clarify the debate around Section 230 and to debunk some of…
Blog
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:…
Blog
Microsoft to Retire Internet Explorer: Lessons for Today’s Antitrust Cases
Microsoft just announced it will retire its Internet Explorer browser next year. This is the same program that was at the heart of an…
Blog
One of Google’s Antitrust Cases Dismissed, for Now
A District judge on Thursday dismissed a private antitrust case against Google brought by a group of advertisers. It does not affect separate cases…
Blog
Why Policy Makers Should Consider Expanding Financing and Exit Options for Startups
Last month, the online chat startup Discord halted accepting bids for a potential acquisition. Suitors included Microsoft, which had offered to acquire the company…
Blog
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…
Blog
Why Facebook’s Antitrust Cases Should Be Dropped
Facebook filed today to dismiss antitrust lawsuits against it today by the Federal Trade Commission (FTC) and several state attorneys general. One of the…
Blog
Proposed European Tech Regulations Will Backfire, Badly
The European Union recently proposed two major tech regulation bills aimed at America’s tech industry, the Digital Markets Act (DMA) and the Digital…
News Release
CEI Paper Shows Antitrust Enthusiasts Misconstrue the Lessons from Past Cases
WASHINGTON, DC – Today’s advocates for a more expansive enforcement of antitrust laws – frequently referred to as devotees of “Hipster Antitrust” – often misleadingly…
Study
U.S. Antitrust’s Greatest Misses
Today’s advocates for expanding antitrust regulation often cite famous antitrust cases of the past to suggest that stricter antitrust enforcement can enhance consumer welfare,…
Blog
FCC Should Free Spectrum for 5G
5G is the future of mobile broadband. Freeing up spectrum to facilitate the use of the airwaves is more important than ever. To that end,…
Blog
The Relevant Market Fallacy and Facebook’s Antitrust Cases
Facebook was hit by two separate antitrust complaints this week. One is from the Federal Trade Commission (FTC) and the other is from a…
Blog
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…
News Release
Chairman Ajit Pai’s FCC Advanced the Cause of a Freer, Fairer, More Industrious Nation
Economic and social resilience relies upon modern, evolving communications systems. Since beginning service as a Commissioner in 2012, the actions of Ajit Pai demonstrate confidence in…
Blog
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.
Blog
FCC Takes Another Step away from Net Neutrality
After 15 years of unrelenting regulation and litigation, the days of net neutrality as a live policy issue in Washington may be numbered. At its…
Blog
Not the Strongest Case: DOJ’s Google Antitrust Complaint
On Tuesday, the Department of Justice (DOJ) filed an antitrust complaint against Google. It marks the beginning of the first major monopolization case since the…
Blog
The House Judiciary’s Antitrust Reports and Predatory Pricing
It is human nature to fear what we do not understand. And if there is anything politicians do not understand, it is markets. This is…
Blog
FCC Approves More Critical Mid-Band Spectrum for 5G
Today, the Federal Communications Commission (FCC) held a meeting where the commissioners voted to adopt two orders that will make more spectrum available for…
Blog
FCC Chairman Pai Proposes More Spectrum for 5G
Yesterday, Federal Communications Commission (FCC) Chairman Ajit Pai announced that at the agency’s upcoming September meeting, the FCC will vote on two proposals…
Blog
Observations from the Tech Antitrust Hearing
This post collects some observations from yesterday’s lengthy House Judiciary Committee Subcommittee on Antitrust, Commercial, and Administrative Law hearings with the chief executives of Amazon,…
Blog
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…
Blog
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.
Blog
A Bright Spot for Tech on USMCA Day
Today the new U.S.-Mexico-Canada Agreement goes into effect. Despite its many flaws, it contains a beneficial provision related to the tech sector. The language of…
Blog
A Cellular Network or a Jobs Program? Sprint/T-Mobile Critics Launch Misguided Attacks
The recently-approved Sprint/T-Mobile merger is already coming under fire after layoffs were announced. But even the harshest critics begrudgingly acknowledge that the jobs being eliminated…
Blog
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…
Washington Examiner
Why is there bipartisan support for limiting online liberty?
Facebook recently announced the first 20 members of its independent Oversight Board on content moderation. Many criticized the political bent of the majority of the…
Blog
Decades of Internet Freedom Left America Better Suited for the Pandemic
Broadband investment has rebounded since the FCC rolled back public utility-style rules for Internet service providers. The decades-long trend of more significant Internet usage, enabled…
Blog
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…
Blog
CEI Submits Comments to FCC Reinforcing Public Safety Benefits of Internet Freedom
Last year, the D.C. Circuit Court of Appeals upheld virtually all of the FCC's Restoring Internet Freedom Order. This order, issued in 2017, rolled back…
Blog
Apple and Google Demonstrate Big Tech Done Right Can Make Big Government Obsolete
Many see the purpose of government as solving problems that otherwise wouldn’t be efficiently addressed in its absence. Yet, despite the steady growth of government,…
Blog
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…
Blog
Don’t Combine COVID-19 Treatments of Government Spending and Internet
Government spending is ramping up in the face of the COVID-19 crisis. A significant chunk of the economy has shifted to telecommuting. There are now…
Blog
Potential Phase 4 COVID-19 Bill Must Not Turn Broadband Charity into a Tax
As the COVID-19 crisis ransacks our economy, the old adage “If it ain’t broke, don’t fix it” carries increasingly important wisdom. By any objective account,…
