Regulatory and legal approaches that make the collection and use of data more expensive along certain dimensions must, at least marginally, induce some companies to alter their behavior to avoid those costs...
Is net neutrality necessary to protect First Amendment values in the 21st Century? Or does the First Amendment actually prevent net neutrality regulation? How can both of these questions be considered simultaneously?
"Last week the Federal Trade Commission (FTC) settled a privacy case – In the Matter of Nomi Technologies, Inc. – that, on its face, will seem banal, but actually raises significant questions about the FTC’s understanding of its broad consumer protection authority..."
"Commissioner Brill and a few academics have described the FTC’s data security settlements as developing a “common law” of data security. It is not readily apparent, however, that the over 50 independent complaints and settlement agreements between the FTC and particular companies amounts to what is traditionally understood as the common law.
Copyright, appropriately bounded by exceptions and limitations, incentivizes creativity and innovation. As trade between individuals and firms in different jurisdictions has expanded, the importance of securing, at least, minimum copyright standards has similarly increased.
The Durbin Amendment to the Dodd-Frank financial reform legislation capped debit card interchange fees for banks with assets of $10 billion. Credit card and prepaid card interchange fees were not regulated.
While several scholars and policymakers have proposed that threats to privacy and competition from concentration of data be incorporated into antitrust analysis, no one has yet articulated a coherent theory as to how degrading privacy or aggregating data can be anticompetitive...