November 10, 2020
tl;dr - Congressman Buck’s Third Way
U.S. Rep. Ken Buck (R-Colo.) has proposed what he calls a “Third Way” to improve competition in digital markets.
Resources: popular media
October 27, 2020
tl;dr - Online Intermediaries and “Know Your Business Customer” Requirements
It comes as no surprise to anyone that illegal conduct occurs online. Unfortunately, the individuals and businesses engaging in illegal activity may avoid detection by using tools that hide their identity. This makes enforcement difficult or even impossible.
October 22, 2020
tl;dr - The DOJ's Antitrust Case Against Google
The Department of Justice and a few Republican state attorneys general have filed an antitrust suit against Google. But… The DOJ case will struggle.
September 28, 2020
tl;dr - Section 230 Reform Summaries
Section 230 of the Communications Decency Act has come under close scrutiny. Section 230 provides important immunity to online platforms for the content of third-party users.
September 21, 2020
tl;dr - Data Portability: The costs of imposed openness
Many competition agencies are considering data portability mandates to increase competition. These would require companies to make customers’ data available to move to other services, or to make their services interoperable with others so that users could share their data between different services on an ongoing basis.
September 14, 2020
The Antitrust Case Against Google’s Adtech Business, Explained
We explain how display advertising fits in the broader digital advertising market, describe how display advertising works, consider the main allegations against Google, and explain why Google’s critics are misguided to focus on antitrust as a solution to alleged problems in the market.
September 10, 2020
tl;dr - Ending Qualified Immunity
Criminal justice reform efforts should focus on ending qualified immunity and restoring the constitutional balance between empowering officers to protect the public while also deterring violations of civil liberties.
September 4, 2020
tl;dr - NTIA § 230 FCC Petition: A Poor Solution to an Ill-Defined Problem
While there are possible useful reforms to be made to Section 230, forcing major changes to an important law on the basis of a political quarrel would let petty politics reshape one of the most important laws that governs the Internet.
August 31, 2020
tl;dr - Do injunctions for patents promote or impede innovation?
Over the past 15 years, court decisions have weakened patent protections in the US. While some academics support such weakening, the evidence suggests that it may be having a detrimental effect on innovation.