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July 20, 2022

European Proposal for a Data Act: A First Assessment

INTRODUCTION AND BACKGROUND On 23 February 2022, the European Commission unveiled its proposal for a Data Act (DA).[1] As declared in the Impact Assessment,[2] the DA complements two other major…

Data Security & Privacy

March 1, 2022

Issue Brief: The EU Artificial Intelligence Act

Mikołaj Barczentewicz

As currently drafted, the text of the EU's proposed Artificial Intelligence Act would define virtually all software as AI.

Data Security & Privacy

February 2, 2022

In Harm's Way: Why Online Safety Regulation Needs an Independent Reviewer

Mikołaj Barczentewicz

The attached was originally published by the Institute of Economic Affairs. Summary The draft Online Safety Bill presents a significant threat to freedom of speech, privacy, and innovation. "Safety" has…

Data Security & Privacy

January 24, 2022

Privacy and Security Implications of Regulation of Digital Services in the EU and in the US

Mikołaj Barczentewicz

Written for the Transatlantic Technology Law Forum (TTLF) Working Paper Series, ICLE Senior Scholar Mikołaj Barczentewicz assesses privacy and security risks raised by U.S. and EU legislative proposals to regulate digital platforms.

Data Security & Privacy

October 7, 2021

Issue Brief: The Great Transatlantic Data Disruption

Kristian Stout & Michael Mandel & Mikołaj Barczentewicz

A new issue brief published jointly by ICLE and the Progressive Policy Institute looks at looming threats to transatlantic data flows between the U.S. and EU that power an estimated $333 billion in annual trade of digitally enabled services.

Data Security & Privacy

September 10, 2020

Data Portability and Interoperability

Geoffrey A. Manne & Samuel Bowman

While data portability may seem like an attractive option in certain markets, experience suggests it is not simple to impose even in cases where the trade-offs seem small.

Data Security & Privacy

April 30, 2020

Trust the Process: How the National Emergency Act Threatens Marginalized Populations and the Constitution—And What to Do About It

Geoffrey A. Manne & Seth Weinberger

When Congress expands executive power for purposes of protecting the nation against an emergency—whether real or imagined—that power is often turned against vulnerable, marginalized populations that are easily scapegoated as threats to the state.

Data Security & Privacy

January 1, 2019

When “Reasonable” Isn’t: The FTC’s Standard-less Data Security Standard

Kristian Stout & Geoffrey A. Manne

Although the FTC is well-staffed with highly skilled economists, its approach to data security is disappointingly light on economic analysis. The unfortunate result of this lacuna is an approach to these complex issues lacking in analytical rigor and the humility borne of analysis grounded in sound economics.

Antitrust & Consumer Protection

January 1, 2016

Data Regulation and its Effect on Business Models & Corporate Organization

Geoffrey A. Manne

Regulatory and legal approaches that make the collection and use of data more expensive along certain dimensions must, at least marginally, induce some companies to alter their behavior to avoid those costs...

Data Security & Privacy

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