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.

Background… Legal history offers examples of areas where attempting to apply liability directly to bad actors is likely to be ineffective, but where certain related parties might be able to…

Background… The Communications Decency Act of 1996’s Section 230 holds that the law will not treat online service providers as speakers or publishers of  third-party content, and that actions the…

Background... President Joe Biden has called for “future-proof” broadband infrastructure as part of his Build Back Better plan, and some members of the U.S. Senate want the Federal Communications Commission…

The European Commission recently issued a formal Statement of Objections (SO) in which it charges Apple with antitrust breach. In a nutshell, the commission argues that Apple prevents app developers—in this case,…

The COVID-19 pandemic has highlighted the resilience of U.S. broadband infrastructure, the extent to which we rely on that infrastructure, and the geographies and communities where broadband build-out lags behind.…

In his recent concurrence in Biden v. Knight, Justice Clarence Thomas sketched a roadmap for how to regulate social-media platforms. The animating factor for Thomas, much like for other conservatives,…

ICLE supports the appeal filed by ACA Connects et al. seeking review of the district court’s denial of a preliminary injunction. As detailed herein, the district court failed to consider economic and empirical realities that militate in favor of finding irreparable harm to the Appellants’ members. Moreover, the same economic and empirical realities tip the balance of equities in favor of the Appellants, and establish that the public interest is in granting a preliminary injunction against enforcement of the California Internet Consumer Protection and Net Neutrality Act of 2018.

In the final analysis, what the revelations do not show is that the FTC’s market for ideas failed consumers a decade ago when it declined to bring an antitrust suit against Google.