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May 11, 2022

ICLE Response to EU Commission Call for Evidence Concerning a New Framework for Standard-Essential Patents

Geoffrey A. Manne & Dirk Auer & Kristian Stout & Ben Sperry

Introduction We thank the European Commission for this opportunity to comment on its call for evidence concerning a new framework for standard-essential patents. The International Center for Law and Economics…

Antitrust & Consumer Protection

March 29, 2022

US-EU Agreement Hopes to Keep Transatlantic Data Flowing

Kristian Stout

Though details remain scant (and thus, any final judgment would be premature), initial word on the new Trans-Atlantic Data Privacy Framework agreed to, in principle, by the White House and the European…

Telecommunications

March 25, 2022

Senate Bill Looks to Rebalance ‘Internet Freedom’ and Creators’ Rights

Kristian Stout

All too frequently, vocal advocates for “Internet Freedom” imagine it exists along just a single dimension: the extent to which it permits individuals and firms to interact in new and…

Intellectual Property

February 10, 2022

tl;dr – State App Store Bills

Kristian Stout & Ben Sperry

Background… While Congress is considering legislation that would dictate the terms that major app stores can offer to app developers, several states have similarly pursued legislation to regulate app stores.…

Antitrust & Consumer Protection

February 8, 2022

The Return of (De Facto) Rate Regulation: Title II Will Slow Broadband Deployment and Access

Geoffrey A. Manne & Kristian Stout & Ben Sperry

President Joe Biden’s nomination of Gigi Sohn to serve on the Federal Communications Commission (FCC)—scheduled for a second hearing before the Senate Commerce Committee Feb. 9—has been met with speculation that it…

Telecommunications

February 4, 2022

Fleites v. MindGeek Contemplates Significant Expansion of Collateral Liability

Geoffrey A. Manne & Kristian Stout & Ben Sperry

In Fleites v. MindGeek—currently before the U.S. District Court for the District of Central California, Southern Division—plaintiffs seek to hold MindGeek subsidiary PornHub liable for alleged instances of human trafficking under…

Financial Regulation

February 4, 2022

ICLE Amicus Brief in Fleites v. MindGeek

Geoffrey A. Manne & Kristian Stout & Ben Sperry

An ICLE amicus brief filed in U.S. District Court in California supporting a motion to dismiss a suit in which holding Visa collaterally liable would generate massive social cost.

Innovation & The New Economy

November 17, 2021

The BIF Offers a Good First Step for Broadband, but the Devil Will Be in the Details

Ben Sperry & Kristian Stout

Capping months of inter-chamber legislative wrangling, President Joe Biden on Nov. 15 signed the $1 trillion Infrastructure Investment and Jobs Act (also known as the bipartisan infrastructure framework, or BIF), which sets…

Telecommunications

November 9, 2021

Who Moderates the Moderators?: A Law & Economics Approach to Holding Online Platforms Accountable Without Destroying the Internet

Geoffrey A. Manne & Kristian Stout & Ben Sperry

A comprehensive survey of the law & economics of online intermediary liability, which concludes that any proposed reform of Section 230 must meaningfully reduce the incidence of unlawful or tortious online content such that its net benefits outweigh its net costs.

Innovation & The New Economy

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