Research Programs
More
What are you looking for?
Showing Latest Publications
TL;DR 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.
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. States like California have likewise advanced bills to prioritize funding for infrastructure that supports 100 Mbps or greater download speeds. It is widely believed that the FCC will update the definition of broadband from the 2015 standard of 25 Mbps download/3 Mbps upload speeds.
Studies of U.S. broadband usage suggest that typical consumers do not need upload speeds to be as fast as download speeds. Moreover, they typically require download speeds of less than 100 Mbps. Linking public funding to a required symmetrical 100 Mbps speed tier, or using that tier as a benchmark to define adequate broadband deployment, would have negative consequences for broadband buildout.
Read the full explainer here.
TOTM In recent years, a diverse cross-section of advocates and politicians have leveled criticisms at Section 230 of the Communications Decency Act and its grant of . . .
In recent years, a diverse cross-section of advocates and politicians have leveled criticisms at Section 230 of the Communications Decency Act and its grant of legal immunity to interactive computer services. Proposed legislative changes to the law have been put forward by both Republicans and Democrats.
It remains unclear whether Congress (or the courts) will amend Section 230, but any changes are bound to expand the scope, uncertainty, and expense of content risks. That’s why it’s important that such changes be developed and implemented in ways that minimize their potential to significantly disrupt and harm online activity. This piece focuses on those insurable content risks that most frequently result in litigation and considers the effect of the direct and indirect costs caused by frivolous suits and lawfare, not just the ultimate potential for a court to find liability. The experience of the 1980s asbestos-litigation crisis offers a warning of what could go wrong.
Read the full piece here.
TOTM The U.S. House this week passed H.R. 2668, the Consumer Protection and Recovery Act (CPRA), which authorizes the Federal Trade Commission (FTC) to seek monetary relief in . . .
The U.S. House this week passed H.R. 2668, the Consumer Protection and Recovery Act (CPRA), which authorizes the Federal Trade Commission (FTC) to seek monetary relief in federal courts for injunctions brought under Section 13(b) of the Federal Trade Commission Act.
Presentations & Interviews ICLE Director of Law & Economics Programs Gus Hurwitz joined Steptoe & Johnson’s The Cyberlaw Podcast to discuss Special Assistant to the President for Technology . . .
ICLE Director of Law & Economics Programs Gus Hurwitz joined Steptoe & Johnson’s The Cyberlaw Podcast to discuss Special Assistant to the President for Technology and Competition Policy Tim Wu and the role he may have played in helping President Joe Biden draft his recent executive order on competition. The full episode is embedded below.
Popular Media Policy is not settled quickly in communications law. The 1996 Telecommunications Act required incumbent telecommunications carriers to open their networks to competitors on regulated terms. It took . . .
Policy is not settled quickly in communications law. The 1996 Telecommunications Act required incumbent telecommunications carriers to open their networks to competitors on regulated terms. It took more than a decade, two trips to the Supreme Court, and several trips to the Court of Appeals for the D.C. Circuit to ascertain the meaning of this statutory requirement. The story is similar to the Federal Communications Commission’s (FCC) efforts since 1998 to fit consumer internet service into the same Telecommunications Act’s statutory framework, resulting in repeated trips to the Courts of Appeals and the Supreme Court.
Popular Media The government has opened a consultation on new plans to regulate Big Tech. But the proposals it is considering may end up hurting British startups . . .
The government has opened a consultation on new plans to regulate Big Tech. But the proposals it is considering may end up hurting British startups and entrepreneurs unintentionally.
TOTM For a potential entrepreneur, just how much time it will take to compete, and the barrier to entry that time represents, will vary greatly depending . . .
For a potential entrepreneur, just how much time it will take to compete, and the barrier to entry that time represents, will vary greatly depending on the market he or she wishes to enter. A would-be competitor to the likes of Subway, for example, might not find the time needed to open a sandwich shop to be a substantial hurdle. Even where it does take a long time to bring a product to market, it may be possible to accelerate the timeline if the potential profits are sufficiently high.
Popular Media Capping months of anticipation, President Joe Biden on July 9 unveiled his Executive Order on Promoting Competition in the American Economy, which he argues will “lower . . .
Capping months of anticipation, President Joe Biden on July 9 unveiled his Executive Order on Promoting Competition in the American Economy, which he argues will “lower prices for families, increase wages for workers, and promote innovation and even faster economic growth.” To achieve these lofty goals, the order prescribes regulatory interventions that interfere with property and contract rights in industry after industry.
TOTM In a recent op-ed, Robert Bork Jr. laments the Biden administration’s drive to jettison the Consumer Welfare Standard that has formed nearly half a century of . . .
In a recent op-ed, Robert Bork Jr. laments the Biden administration’s drive to jettison the Consumer Welfare Standard that has formed nearly half a century of antitrust jurisprudence. The move can be seen in the near-revolution at the Federal Trade Commission, in the president’s executive order on competition enforcement, and in several of the major antitrust bills currently before Congress.
