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May 30, 2025
A Tale of Two Satellite Broadband Policies: The US and South Africa
On Tuesday, technology writer Patience Haggin claimed that in the US, “rural internet is still so bad, some states are turning to outer space.” The article referred to the growing number of states rolling out satellite subsidies “that could be a boon to Elon Musk’s Starlink and another nascent service from Amazon.” These subsidies include…
May 28, 2025
How Meta Thinks About Personalization and Privacy
Personalization, which tailors content based on user preference, has become widely used on virtually every social media platform. By providing users with relevant content that appeals to their unique interests, no two social media feeds are the same. Personalized social media posts can lead to a 50% increase in user engagement, as they resonate more…
May 27, 2025
Generative AI and Fabricated Judicial Opinions: A Slow Learning Curve for Some Attorneys
On the final day of my civil procedure course, Professor Brian Landsberg offered a piece of advice. At first blush, it seemingly had nothing to do with the myriad federal rules and landmark cases like Pennoyer v. Neff that we’d studied. Yet, it’s a pearl of wisdom I remember more than 35 years later: Never…
May 23, 2025
No More Tappers: Get Skin in the Game
Irony of ironies: Outrage around Jake Tapper and Alex Thompson’s book, Original Sin, is helping to sell more copies. The failure of a CNN anchor and an Axios reporter to cover President Joe Biden’s infirmities in a timely manner now delivers them free advertising for their book and a bigger haul. There is a partial…
May 23, 2025
Regulating Complex and Uncertain AI Technologies
A common cognitive bias, in which decision-makers unconsciously substitute a complex problem with a simpler, related one, was first described in 2002 by Daniel Kahneman and Shane Frederick. The concept of attribute substitution explains that, when faced with a complex judgment (target attribute), some may replace it with a more accessible, simpler judgment (heuristic attribute)…
May 23, 2025
The House Should Act Quickly to Repeal the Illegal, Expensive E-Rate Expansion
Earlier this month, the Senate passed S.J.Res.7. The resolution, sponsored by Senator Ted Cruz, would repeal a Biden-era Federal Communications Commission (FCC) rule allowing E-Rate funds to subsidize Wi-Fi hotspot lending programs for off-campus use. This well-intentioned but misguided rule violates clear statutory limits on agency power and threatens an increasingly unstable Universal Service Fund…
May 22, 2025
The Evidence So Far: What Research Reveals About AI’s Real Impact on Jobs and Society
As organizations race to integrate new AI models into their workflows, everyone is wondering what the effects will be on industries, jobs, and society: Will these new technologies complement human capabilities, create new opportunities, or replace workers across various sectors? The following table compiles research on large language models (LLMs), chatbots, and AI systems published…
May 21, 2025
First Amendment Fundamentals for Lawmakers as Courts Block Efforts to Protect Minors on Social Media
Lawmakers considering bills to safeguard minors from ostensible harms linked to social media platforms should carefully review two recent federal court opinions declaring unconstitutional state laws imposing parental-consent, age-verification mandates. US District Judge Algenon Marbley’s April decision from Ohio in NetChoice v. Yost and US District Judge Timothy Brooks’ March ruling from Arkansas in NetChoice…
May 20, 2025
How Much Paperwork, How Little Privacy for the Innocent?
Justice Kavanaugh asked some important practical questions during oral argument in the birthright citizenship case in the Supreme Court last week. The executive order in dispute purports to deny citizenship to children born in the United States based on the noncitizenship of their parents. “What do hospitals do with a newborn, what do states do…
May 16, 2025
The FTC’s Case Against Meta Looks Like Politics, Not Antitrust
The Federal Trade Commission’s (FTC) antitrust case against Meta, Facebook’s parent company, is not really about protecting consumers or competition. It is an attempt to use regulatory power to dismantle a company based on political power, not law—a form of lawfare dressed in antitrust’s clothing. To make its case, the FTC first had to invent…