The government's brief in Chatrie v. United States accepts that there is room in our law for recognition of property rights in data and for personal-information bailments.
By Jim Harper | April 8, 2026
Rewriting the Communications Act is not just an exercise in updating policy. It is a test of whether Congress can design institutions suited for a world defined by constant change.
By Mark Jamison | April 7, 2026
Society benefits most when the legal framework supports permissionless innovation, placing primary responsibility on end users who violate the law, rather than discouraging the creation of technologies that can be…
By Daniel Lyons | April 6, 2026
Rewriting the Communications Act is difficult because it’s not simply about updating outdated provisions; it is deciding the government’s roles in shaping outcomes in markets.
By Mark Jamison | April 3, 2026
That is the context for the current effort to rewrite the Communications Act: a recognition that the law no longer fits the world it seeks to govern—and an acknowledgment, whether…
By Mark Jamison | April 2, 2026
Michael Greenwald joins Shane to discuss how cloud computing is shaping the future of national security and digital defense.
By Shane Tews | April 2, 2026
A recent federal appellate court decision involving hateful online, off-campus speech by a public university law student raises important questions about what legal test applies to determine whether the First…
By Clay Calvert | April 1, 2026
The AI chip arms race is changing global supply chains; policymakers need to participate in the discussion. Wall Street understands how serious this is. The question is whether Washington will…
By Shane Tews | March 31, 2026
Markets might be able to price truth. Whether anyone wants to buy it is another question.
By Jim Harper | Jane Bambauer | March 30, 2026
In a seventh-season episode of The Simpsons, Bart tunes in to the Impulse Buying Network and spends $350 on an animation cel from The Itchy & Scratchy Show. As part of the pitch, an…
By Jim Harper | Jane Bambauer | March 30, 2026
It’s not easy to undertake a principled proportionality assessment of social media age-gating (and other social media regulations), but that should not be a justification for not doing one at…
By Bronwyn Howell | March 27, 2026
National security is becoming inextricably linked with cloud computing and AI—and this year’s Munich Security Conference solidified that fact. International statesmen met with technology leaders to discuss cloud infrastructure resilience,…
| March 26, 2026
Generative AI is a new technology, but the constitutional questions it raises are familiar ones.
By Daniel Lyons | March 26, 2026
Nvidia isn't a threat to the American tech stack. It's one of the load-bearing walls.
By Shane Tews | March 25, 2026
Anthropic’s lawsuit against the US Department of War and myriad federal agencies and officials, including Secretary of War Pete Hegseth, may get a boost on its First Amendment retaliation claim…
By Clay Calvert | March 24, 2026