November 13, 2018

ICLE urges NTIA to avoid heavy-handed privacy regulation that would stifle innovation and limit consumer choice

Geoffrey A. Manne & Kristian Stout & Dirk Auer

ICLE submitted comments to the National Telecommunications and Information Administration (NTIA) on Developing the Administration’s Approach to Consumer Privacy.

Data Security & Privacy

October 6, 2017

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

April 24, 2017

Comments, California DMC Autonomous Vehicle Rules, California DMV

Geoffrey A. Manne

"On behalf of the R Street Institute, the Competitive Enterprise Institute, TechFreedom, and the International Center for Law & Economics, we respectfully submit these comments in response to the California Department of Motor Vehicles’ proposed Driverless Testing and Deployment Regulations released on March 10, 2017..."

Innovation & The New Economy

March 10, 2017

Clearing up the Senate's confusion on FCC privacy rules

Kristian Stout

At an oversight hearing on Wednesday, the Senate Commerce Committee confronted Federal Communications Commission Chairman Pai with questions over last week’s partial stay of the commission’s broadband privacy order. While…

Data Security & Privacy

January 3, 2017

Amicus Brief, LabMD Inc., v. FTC, 11th Circuit

Geoffrey A. Manne & Kristian Stout & Berin Szoka

Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45 [“Section 5”], is a consumer protection statute, not a data security rule...This fundamental point has been lost in the Commission’s approach to data security.

Antitrust & Consumer Protection

October 21, 2016

FCC Chairman Wheeler’s claimed fealty to FTC privacy standards is belied by the rules he actually proposes

Geoffrey A. Manne

Next week the FCC is slated to vote on the second iteration of Chairman Wheeler’s proposed broadband privacy rules. Of course, as has become all too common, none of us…

Antitrust & Consumer Protection

October 20, 2016

Letter, Deviations from the FTC Privacy Framework, FTC

Geoffrey A. Manne

"Dear Ms. Dortch: I write to express my concerns regarding the consumer welfare effects of the revised broadband privacy proposal summarized in a Fact Sheet by Federal Communications Commission (“FCC”) Chairman Tom Wheeler earlier this month..."

Data Security & Privacy

July 7, 2016

The FCC’s proposed broadband privacy rules are still devoid of sufficient evidence or analysis

Geoffrey A. Manne

Yesterday, the International Center for Law & Economics filed reply comments in the docket of the FCC’s Broadband Privacy NPRM. ICLE was joined in its comments by the following scholars…

Antitrust & Consumer Protection

July 6, 2016

Comments, Protecting the Privacy of Customers of Telecom Services

Geoffrey A. Manne & Kristian Stout

The NPRM and many of the comments supporting it reflect an ill-considered approach to privacy regulation for ISPs.

Telecommunications