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US-EU Data-Privacy Framework

TL;DR On Oct. 7, President Joe Biden signed an executive order to implement the U.S.-EU data-privacy framework.

Background…

On Oct. 7, President Joe Biden signed an executive order to implement the U.S.-EU data-privacy framework. The order had been awaited since March, when U.S. and EU officials reached an agreement in principle on a new framework, which EU officials insist must address concerns about surveillance practices by U.S. agencies. An earlier data-privacy framework was invalidated in 2020 by the Court of Justice of the European Union (CJEU) in its Schrems II judgment.

But…

The European Commission will now consider whether to issue an “adequacy decision” for the U.S. This is urgent, because national data-protection authorities in the EU have been using a strained interpretation of the EU General Data Protection Regulation (GDPR) to prosecute various workarounds that companies have employed to transfer data between the U.S. and the EU. Like prior U.S.-EU arrangements, the order is likely to be challenged before the EU courts, but preliminary legal analysis suggests that this one has a greater chance of being upheld.

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Data Security & Privacy

Credit Card Competition Act

TL;DR Sen. Richard Durbin’s (D-Ill.) amendment to 2010’s Dodd-Frank Act capped interchange fees on debit cards issued by large banks and required all debit-card issuers to permit routing of payments over multiple networks.

Background…

Sen. Richard Durbin’s (D-Ill.) amendment to 2010’s Dodd-Frank Act capped interchange fees on debit cards issued by large banks and required all debit-card issuers to permit routing of payments over multiple networks. Now, he and co-sponsor Roger Marshall  (R-Kan.) have introduced the Credit Card Competition Act, which would impose similar routing requirements on credit cards. With the bill having few prospects to move forward on its own, Durbin and Marshall hope to attach it as an amendment to the National Defense Authorization Act

But…

As with the original Durbin Amendment, the mandate would benefit some competitors but won’t increase competition. Instead, by rigging markets, it will lead to higher costs, less security, and less innovation. Ultimately, consumers will be the losers.

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Financial Regulation & Corporate Governance

The SEC Should Leave Kim Kardashian Alone

Popular Media The Securities and Exchange Commission said this week that it has settled charges against Kim Kardashian for promoting a crypto investment on her Instagram page. In June . . .

The Securities and Exchange Commission said this week that it has settled charges against Kim Kardashian for promoting a crypto investment on her Instagram page. In June 2021, Ms. Kardashian touted EthereumMax’s token, EMAX, to her 331 million followers, without disclosing she was paid $250,000 for the post.

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Financial Regulation & Corporate Governance

Error Costs

Popular Media The objective of the error-cost framework is to ensure that antitrust rules, enforcement decisions, and judicial outcomes minimize the costs of (1) erroneous condemnation and . . .

The objective of the error-cost framework is to ensure that antitrust rules, enforcement decisions, and judicial outcomes minimize the costs of (1) erroneous condemnation and deterrence of beneficial conduct (“false positives,” or “Type I errors”); (2) erroneous allowance and under-deterrence of harmful conduct (“false negatives,” or “Type II errors”); and (3) the costs of administering the system (including the cost of making and enforcing rules and judicial decisions, the costs of obtaining and evaluating information and evidence relevant to decision-making, and the costs of compliance).

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Antitrust & Consumer Protection

How Not to Use Industrial Policy to Promote Europe’s Digital Sovereignty

TOTM The concept of European “digital sovereignty” has been promoted in recent years both by high officials of the European Union and by EU national governments. . . .

The concept of European “digital sovereignty” has been promoted in recent years both by high officials of the European Union and by EU national governments. Indeed, France made strengthening sovereignty one of the goals of its recent presidency in the EU Council.

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Innovation & the New Economy

COVID-19 Vaccine Effectiveness and the Evidence on Boosters: A Systematic Review (with Partial Evidence on the Omicron Variant)

Scholarship Abstract Background. The need for COVID-19 vaccine booster shots is controversial. When boosters were under active review in the U.S. in 2021, Krause et al.[1] . . .

Abstract

Background. The need for COVID-19 vaccine booster shots is controversial. When boosters were under active review in the U.S. in 2021, Krause et al.[1] and others have argued that need for a COVID-19 booster for all adults has not been sufficiently established. In late 2021, U.S. regulators initially limited booster eligibility, waited months before allowing boosters for all adults, and even longer before recommending them, with public health officials sending mixed messages on booster value. We conduct a systematic review of COVID-19 vaccine effectiveness (VE) for primary and booster doses.

Methods. We conducted a systematic review of studies reporting COVID-19 vaccine efficacy or VE against four endpoints: any infection, symptomatic infection, hospitalization, and death for the four principal vaccines used in developed Western countries (BNT162b2, mRNA1273, Ad26.CoV2.S, and ChAdOx1-S), waning VE, and booster VE, during the period of Delta-variant prevalence. We reviewed all studies appearing on PubMed over Jan. 1, 2021 through March 31, 2022, supplemented with our own knowledge of other sources. 63 studies met defined inclusion and exclusion criteria.

Findings. The mRNA vaccines (BNT162b2, mRNA1273) had very high initial VE but experienced significant VE waning after approximately six months, including against severe disease and mortality, with BNT162b2 declining faster than mRNA1273. Both mRNA vaccines outperformed the Ad26.CoV2.S and ChAdOx1-S viral vector vaccines. Booster doses reduced symptomatic infection, severe disease, and mortality. Initial evidence supports booster value against the Omicron variant.

Interpretation. Strong epidemiological evidence supports waning VE for primary COVID-19 vaccination and the value of a booster dose, roughly 6 months after initial vaccination. The emergence of the Omicron variant strengthens the value of booster doses to recipients. Boosters also provide spillover benefits to others, both vaccinated and unvaccinated, by reducing downstream infections; reducing shortage risk for scarce COVID treatments; and reducing hospital overload.

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Innovation & the New Economy

Dean Alderucci on Patent Analytics

Presentations & Interviews ICLE Academic Affiliate Dean Alderucci joined the All Things Data podcast to discuss patent analytics and the insight generated regarding innovation and momentum of advanced . . .

ICLE Academic Affiliate Dean Alderucci joined the All Things Data podcast to discuss patent analytics and the insight generated regarding innovation and momentum of advanced technologies. The full episode is embedded below.

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Intellectual Property & Licensing

Gus Hurwitz on SCOTUS’ Section 230 review

Presentations & Interviews ICLE Director of Law & Economics Programs Gus Hurwitz joined Steptoe & Johnson’s The Cyberlaw Podcast to discuss the Supreme Court’s decision to review whether . . .

ICLE Director of Law & Economics Programs Gus Hurwitz joined Steptoe & Johnson’s The Cyberlaw Podcast to discuss the Supreme Court’s decision to review whether Section 230 protects platforms from liability for materially assisting terror groups whose speech they distribute. The full episode is embedded below.

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Innovation & the New Economy

FTC on the Gig Economy: The Glass is Almost Empty

TOTM The business press generally describes the gig economy that has sprung up around digital platforms like Uber and TaskRabbit as a beneficial phenomenon, “a glass that is almost full.”

The business press generally describes the gig economy that has sprung up around digital platforms like Uber and TaskRabbit as a beneficial phenomenon, “a glass that is almost full.” The gig economy “is an economy that operates flexibly, involving the exchange of labor and resources through digital platforms that actively facilitate buyer and seller matching.”

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Antitrust & Consumer Protection