Blog

What lies ahead for Section 230?

Section 230 of the Communications Decency Act was designed to promote a competitive online ecosystem that maximizes user control while guarding against illegal activities. The law is credited with empowering unprecedented innovation, but it is also blamed for allowing Big Tech to suppress speech and avoid liability for seemingly unchecked misinformation. Proposals to reform Section [...]

Epic Games v. Apple demonstrates the importance of economic analysis in antitrust

Lately there has been a push to replace economic analysis in antitrust with rules of thumb such as “a firm of size X is inherently bad.” This is a bad idea, and the ongoing Epic Games Inc. v. Apple Inc. trial demonstrates the point. Read Dr. Jamison's complete blog post at AEI.

Facebook’s Oversight Board is wrong to punt on Facebook’s Trump ban

Facebook’s Oversight Board has punted on whether to reinstate former President Donald Trump’s Facebook account or permanently close it. Facebook indefinitely banned Trump from the social media site based on his posts during the January 6 Capitol Hill riot, then referred the issue to the board. On Wednesday, the board — which was established to [...]

Should the FCC’s economic analyses be overseen by the White House?

A 2019 Department of Justice (DOJ) opinion concluded that the president may direct independent agencies such as the Federal Communications Commission (FCC) to submit regulatory actions for review, including cost-benefit analyses of the intended actions. I’ll defer to others on whether such a move is legal, but White House control of FCC regulatory analysis is [...]

The Biden-era FCC Dilemma: Would Restoring Net Neutrality Regulations Hurt the Poor?

Proponents of net neutrality have seen Internet regulations seesaw wildly, beginning in 2015, when the FCC under chairman Tom Wheeler designated Internet access as a “common carrier,” effectively bringing Internet Service Providers (ISPs) under the FCC’s telephone-era regulations. Issues surrounding net neutrality spark extraordinary amounts of controversy and inflammatory rhetoric, typically spilled without supporting evidence. [...]