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November 18, 2025
Antitrust’s Iceberg Problem: Failing to See What Lies Beneath
Antitrust enforcement in the United States too often fails to deliver what it promises. The Justice Department and Federal Trade Commission have won historic cases—the breakups of Standard Oil and AT&T, and most recently the ruling against Google’s search practices—but such victories rarely enable commerce or bring benefits for consumers. The reason is simple: Antitrust…
November 17, 2025
Restoring America’s Cyber Shield: Why CISA 2015 Must Be Reenacted Now
The United States faces a cybersecurity crisis: not from foreign actors, but from internal political deadlock that has dismantled one of its most effective defense tools. The Cybersecurity Information Sharing Act of 2015 (CISA 2015) became a bargaining chip in government shutdown negotiations. Not reauthorizing this piece of legislation leaves businesses and government agencies increasingly…
November 14, 2025
Australia Wishes for Cloud Data Storage for Christmas
On November 6, Reuters reported that Google was planning to build a large artificial intelligence data center on Australia’s Indian Ocean territory—Christmas Island—after signing a deal with the Australian Department of Defense earlier this year. Reportedly, Reuters had reviewed documents and interviewed officials related to this plan. The specifics of the data center—such as its…
November 13, 2025
The App Store Freedom Act Would Hurt Those It Claims to Protect
It has become popular in both parties to believe that the government should be in the business of being in business. From Democrats proposing city-run grocery stores to Republicans buying stakes in steel mills and computer chip makers, the trend is bipartisan—and sets a dangerous precedent. The latest example? The deceptively named App Store Freedom…
November 12, 2025
Fourth Amendment Doctrine vs. Textualism
The Federalist Society produced a webinar recently that I found fascinating, not only because I was a panelist. There was a marked divergence of opinion on Fourth Amendment law. I believe I know where the law is headed. We should and will use the text of the Fourth Amendment to interpret it. Stanford Law Professor…
November 10, 2025
Analyzing the Charter-Cox Merger
Earlier this year, Charter Communications, Inc. and Cox Communications announced a $34.5 billion proposed merger. If completed, the combined company would become both the largest cable television provider and the largest broadband provider in the country. At first glance, one might be concerned about a proposal to merge the second and third-largest cable providers into…
November 10, 2025
Low Earth Orbit Satellites Are Taking Off. Governments Need to Catch Up.
Satellite communications used to be the domain of weather forecasters, cable providers, and aerospace engineers. That changed when Low Earth Orbit (LEO) satellites came along—and when Elon Musk decided to launch thousands of them into space. Now, satellite broadband is no longer a technological curiosity. It’s an emerging infrastructure option with global implications for connectivity,…
November 5, 2025
Will Wyoming Be the Token Seizure State?
We throw rocks in the stream, hoping to move the flow to a better channel. That’s one metaphor for what we do in public policy analysis and commentary. I have some boulders for you, Wyoming, and a shiny stone you might find attractive. The world of digital form-factor US dollars is not divided between private…
November 4, 2025
Online Hate Speech, Threats, and Incitement: Understanding Key Differences After Bondi’s Blunder
As commotion subsides over US Attorney General Pam Bondi’s gaffe following Charlie Kirk’s assassination about prosecutors targeting people who engage in online “hate speech,” it’s vital to distinguish hate speech from both true threats and incitement so that similar mistakes aren’t made. Here’s a recap of the controversy, followed by an overview of important distinctions…
November 3, 2025
Washington Working to Expand AI Globally: The Effort to Export American AI Infrastructure
The US Department of Commerce has launched what could become one of the most significant initiatives in the Administration’s AI Action Plan: the American AI Exports Program. This new effort positions the Department of Commerce as an active partner in expanding the global reach of American AI technologies: hardware, software, and models. This initiative marks…