January 27, 2021

tl;dr - The Digital Markets Act

Dirk Auer

Background: The European Union has unveiled draft legislation that seeks to tame so-called “gatekeeper” Big Tech firms. If passed into law, this Digital Markets Act (“DMA”) would create a list…

Antitrust & Consumer Protection

October 22, 2020

tl;dr - The DOJ's Antitrust Case Against Google

Samuel Bowman & Geoffrey A. Manne

The Department of Justice and a few Republican state attorneys general have filed an antitrust suit against Google. But… The DOJ case will struggle.

Antitrust & Consumer Protection

April 17, 2020

Correcting Common Misperceptions About the State of Antitrust Law and Enforcement

Geoffrey A. Manne

On Friday, April 17, 2020, ICLE President and Founder, Geoffrey A. Manne, submitted written testimony to the U.S. House of Representatives Committee on the Judiciary, Subcommittee on Antitrust, Commercial, and Administrative Law.

Antitrust & Consumer Protection

October 8, 2019

Why Data Is Not the New Oil

Alec Stapp

“Data is the new oil,” said Jaron Lanier in a recent op-ed for The New York Times. Lanier’s use of this metaphor is only the latest instance of what has become the dumbest meme in tech policy.

Data Security & Privacy

October 1, 2019

Any Way You Measure It, Warren Is Wrong to Claim “Facebook and Google Account for 70% of All Internet Traffic”

Alec Stapp

Seeing internet traffic is not the same thing as “account[ing] for” — or controlling or even directly influencing — internet traffic.

Antitrust & Consumer Protection

September 27, 2019

Debunking Elizabeth Warren’s Claim That “More Than 70% of All Internet Traffic Goes through Google or Facebook”

Alec Stapp

Less than 20 percent of all Internet traffic goes through sites owned or operated by Google or Facebook. While this statistic may be less eye-popping than the one trumpeted by Warren and other antitrust activists, it does have the virtue of being true.

Antitrust & Consumer Protection

July 15, 2019

The Third Circuit’s Oberdorf v. Amazon Opinion Offers a Good Approach to Reining in the Worst Abuses of Section 230

Gus Hurwitz

In a remarkable ruling issued earlier this month, the Third Circuit Court of Appeals held in Oberdorf v. Amazon that, under Pennsylvania products liability law, Amazon could be found liable for a third party vendor’s sale of a defective product via Amazon Marketplace.

Data Security & Privacy

July 15, 2019

There’s Nothing “Conservative” About Trump’s Views on Free Speech and the Regulation of Social Media

Ben Sperry

Despite the simplistic narrative tying President Trump’s vision of the world to conservatism, there is nothing conservative about his views on the First Amendment and how it applies to social media companies.

Data Security & Privacy

July 11, 2019

Section 230 Principles for Lawmakers and a Note of Caution as Trump Convenes his “Social Media Summit”

Geoffrey A. Manne

This morning a diverse group of more than 75 academics, scholars, and civil society organizations — including ICLE and several of its academic affiliates — published a set of seven “Principles for Lawmakers” on liability for user-generated content online, aimed at guiding discussions around potential amendments to Section 230 of the Communications Decency Act of 1996.

Data Security & Privacy