February 3, 2021

Chairman Pai Symposium: Wrap-Up and Thoughts for the Future FCC

Kristian Stout

The next chair has an awfully big pair of shoes (or one oversized coffee mug) to fill. Chairman Pai established an important legacy of transparency and process improvement, as well as commitment to careful, economic analysis in the business of the agency.

Telecommunications

February 1, 2021

Comments to FTC: ANPR Concerning Future Amendments to the HSR Rules

Dirk Auer & Geoffrey A. Manne & Samuel Bowman

ICLE comments filed Feb. 1, 2021, to the U.S. Federal Trade Commission in response to the FTC's Advance Notice of Public Rulemaking concerning future amendments to the premerger notification rules under the Hart-Scott-Rodino Antitrust Improvements Act.

Antitrust & Consumer Protection

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

January 21, 2021

A Reflection on Commissioner Pai, Chairman Pai, and Public Service

Joshua Wright

Ajit Pai has been, in my view, the most successful, impactful minority commissioner in the history of the modern regulatory state. And it is that success that has led him to become the most successful and impactful chairman, too.

Telecommunications

January 19, 2021

Pai’s Legacy of Progress in Closing the Rural Digital Divide

Gus Hurwitz

The technical and business challenges of connecting rural America are different. Rural America needs different things out of its infrastructure than urban America. And the attitudes of both users and those providing service are different here than they are in urban America. Aji Pai gets this.

Antitrust & Consumer Protection

December 16, 2020

Introductory Post: The United States v. Google

Samuel Bowman

Google is facing a series of lawsuits in 2020 and 2021 that challenge some of the most fundamental parts of its business, and of the internet itself — Search, Android, Chrome, Google’s digital-advertising business, and potentially other services as well.

Antitrust & Consumer Protection

November 17, 2020

The Dishonesty of Conservative Attacks on Section 230

Ben Sperry

President Donald Trump has repeatedly called for repeal of Section 230. But while Trump and fellow conservatives decry Big Tech companies for their alleged anti-conservative bias, including at yet more recent hearings, their…

Innovation & The New Economy

October 27, 2020

tl;dr - Online Intermediaries and “Know Your Business Customer” Requirements

Julian Morris & Kristian Stout

It comes as no surprise to anyone that illegal conduct occurs online. Unfortunately, the individuals and businesses engaging in illegal activity may avoid detection by using tools that hide their identity. This makes enforcement difficult or even impossible.

Innovation & The New Economy

September 4, 2020

tl;dr - NTIA § 230 FCC Petition: A Poor Solution to an Ill-Defined Problem

Kristian Stout

While there are possible useful reforms to be made to Section 230, forcing major changes to an important law on the basis of a political quarrel would let petty politics reshape one of the most important laws that governs the Internet.

Telecommunications