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December 18, 2025
Will Congress Allow One of the Nation’s Critical Cybersecurity Laws to Lapse?
On October 1, the 2015 Cybersecurity Information Sharing Act (CISA 2015) silently lapsed at the beginning of the government shutdown. With it no longer active, we lose a crucial information-sharing structure between private industry and government, which makes the United States more vulnerable to malicious actors. CISA 2015 provided legal and antitrust protections, as well…
December 17, 2025
A Disquieting Post, a Public University, and the Tension Between Illegal Threats and Safeguarded Offense
Maybe it’s merely a manifestation of our uncivil, politically polarized times, but disputes involving whether hateful or otherwise offensive social media messages cross the line separating “uninhibited, robust, and wide-open” free expression from speech falling beyond First Amendment protection are prevalent. I’ve recently: examined a professor’s successful lawsuit against officials at his public university for…
December 16, 2025
Australian Social Media Regulation: When “Banning” Isn’t a Ban
On December 10, Australia’s long-awaited and much-heralded provisions governing social media use by individuals under 16 came into force. This regulation, which is widely described as banning under-16s from social media platforms, is being closely watched by Denmark, the European Commission, France, Greece, Indonesia, Malaysia, New Zealand, and Romania—all of which are considering similar regulations….
December 15, 2025
Five Figures – December Bonus Issue
I have lots of fascinating data to share today, hence the second Five Figures of December. Before the jump, here is an excerpt from my New York Post op-ed from earlier this week, which built upon the first installment of a new series from THB, on insurance and climate: The headlines are relentless, loudly proclaiming that climate-fueled extreme weather has caused an insurance…
December 15, 2025
How the Financial System Invented “Climate Risk” Untethered from Climate Science
Part 1 of the THB series on climate change and insurance focused on the recent financial performance of the insurance industry in the context of fevered claims of its looming collapse due to climate-fueled extreme events. Today, in Part 2 I take a deeper dive into one of the issues alluded to in that post —…
December 11, 2025
Trump’s Genesis Mission Needs the One Thing Washington Hates: Accountability
President Trump’s new Genesis Mission is an ambitious bid to energize American scientific leadership by harnessing artificial intelligence to accelerate discovery. It is a bold and correct step. But unless the administration pairs this vision with a hard requirement that the relevant federal agencies actually execute it, the effort risks becoming just another well-intentioned plan…
December 10, 2025
The Privacy and Civil Liberties Oversight Board on Financial Surveillance
What a delight to see the Privacy and Civil Liberties Oversight Board (PCLOB) taking a look at financial surveillance policy. It is as threatening to liberty and privacy as any other. Let’s hope its recent webinar-style panel discussion “Debanking and the Risks to Privacy and Civil Liberties” is an opening round on the problems created…
December 9, 2025
Federal Multidistrict Litigation and Social Media Addiction: Onward to Summary Judgment and Bellwether Trials
Tom Petty sang that “the waiting is the hardest part.” It’s a take-it-to-the-heart maxim currently holding true for anyone anticipating the trial-court resolution of more than 2,000 lawsuits (as of October 1, 2025) targeting social media companies in a years-long multidistrict litigation (MDL) proceeding before US District Judge Yvonne Gonzalez Rogers in Northern California. Key…
December 8, 2025
Governor DeSantis Should Champion AI Innovation—Not Regulate It
Florida Governor Ron DeSantis has built a reputation for freeing markets and trusting Floridians. During COVID-19, he reopened the state early, betting that people could manage their own affairs. He has cut red tape, lowered business taxes, and defended the rights of employers and employees to negotiate work arrangements. The results speak for themselves: People…
December 5, 2025
Supreme Court Questions Broadband Provider Liability for User Misconduct
Intermediary liability—when a company should be liable for users’ misuse of its product by users—has been a long-standing issue in tech policy. Two years ago, the Supreme Court dismissed a case alleging Twitter aided and abetted terrorism by allowing ISIS to recruit on its platform. This week, the Court weighed in again, hearing argument in…