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September 5, 2025
Antitrust Needs to Catch Up with the Pace of Technology
The White House has declared artificial intelligence “non-negotiable” for America’s future. Winning the AI race, the administration argues, is essential to the nation’s prosperity and security. But if the United States is serious about that goal, it needs to rethink how it approaches antitrust, letting fast-moving markets generally solve market power problems on their own….
September 5, 2025
Google Avoids Breakup but Faces New Data Sharing Requirements
This week, D.C. District Court Judge Amit Mehta delivered his long-awaited remedies decision in U.S. v. Google. In the 230-page document, Judge Mehta charted a middle course that reflects both the strength and limitations of the Department of Justice’s (DOJ) case against the search giant. In part, he readily admitted that courts “must approach the…
September 4, 2025
Where Are the CHIPS Going to Fall?
Late last month, President Trump announced that the US government would be taking a 10 percent stake in Intel. The move makes the US government the single largest shareholder in the company, but more importantly, this represents a seismic shift in American industrial policy. To finance the acquisition, the administration is converting previously promised CHIPS…
September 3, 2025
First Amendment Problems with Removing Bias in Speech Marketplaces via Government Intervention
In an August 24 post on Truth Social, Donald Trump called ABC and NBC News “two of the worst and most biased networks in history.” The president said he’d support the Federal Communications Commission (FCC) revoking their licenses “because they are so biased and untruthful, an actual threat to our Democracy!!!” Setting aside the question…
August 27, 2025
Filling in the Blanks in NetChoice v. Fitch: Is First Amendment Doctrine in Danger?
Tracking the fate of Mississippi’s age-verification and parental-consent law for social media account holders in the face of a First Amendment challenge in NetChoice v. Fitch is like watching a ping-pong game between the trial and appellate courts. Observing the judicial back-and-forth also proves maddening because sometimes, when Mississippi Attorney General Lynn Fitch prevails against…
August 22, 2025
Secrecy in Tension with Democracy and Privacy
When someone attacks your democracy, it tends to stick in your craw. I don’t know that democracy is the last, best way to arrange human affairs, but if we’re going to have a democracy, participants in it should stick to the rules. If they don’t, the tradition of tit for tat in politics suggests a…
August 22, 2025
AI Is Changing—Not Stealing—Our Jobs and Lives
There was much angst surrounding AI as it loomed as a potential part of daily life, even among the so-called AI experts. But is it warranted? Physicist Niels Bohr is famously reputed to have said, “prediction is very difficult, especially about the future.” And decision scientist Philip Tetlock confirms this sentiment, claiming that most experts…
August 21, 2025
What Does Agentic AI Mean for Interoperability, User Freedom, and Privacy?
Agentic AI, or automated systems that are capable of completing tasks and making decisions without human intervention, requires interoperability to remain innovative and competitive. But what does this degree of data access mean for user privacy? And how can this technology provide us with greater agency over our lives? In this episode of Explain to…
August 20, 2025
Prison Call Order Delays Reform of Market Ripe for Disruption
Earlier this summer, the Federal Communications Commission (FCC) unexpectedly delayed implementation of its 2024 prison call order until 2027. The order, which was mandated by Congress and had bipartisan support in the agency and on Capitol Hill, sought to correct long-standing market distortions through a combination of cost-based pricing and competition-friendly rules. The delay was…
August 19, 2025
When Fact Checkers Stop Checking Facts
A recent Washington Post headline claimed its tech columnist, Geoffrey Fowler, had shown that “Meta’s new crowdsourced system to fight falsehoods [has] failed to make a dent.” The claim would fail a proper fact check. Meta launched its new program—Community Notes—on April 7 to replace third-party fact-checking. If you took the Post’s headline at face…