The Role of Transaction Cost Engineering in Standards Adoption: Evidence from Internet Security

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Who Moderates the Moderators?: A Law & Economics Approach to Holding Online Platforms Accountable Without Destroying the Internet

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.

ICLE White Paper

Offline Antecedents for Platform Liability

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 either control the bad actors or mitigate the damage they cause.


The Law & Economics of Online Intermediary Liability

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 providers take to moderate content hosted by their services will not trigger liability.


Internet Speed: What Do Consumers Actually Demand?

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 (FCC) to update its definition of broadband to comprise both download and upload speeds of at least 100 Mbps.


ICLE Amicus Brief in ACA Connects et al v Beccera

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.

Amicus Brief