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May 10, 2024
Fifth Circuit Defies Supreme Court to Uphold Texas Age Verification Law for Pornography
Much of the field of Internet Law centers on the difficulty of how to apply offline law to online conduct. Because online activity is inherently communicative, the regulation of online expression is often complicated by the First Amendment. But this is apparently not a problem that troubles the Fifth Circuit. In Free Speech Coalition v. Paxton,…
May 7, 2024
No, the REAL ID Deadline Is Not in One Year
According to a slew of minor media reports, one year remains before the REAL ID deadline. On May 7, 2025, the story goes, the Transportation Security Administration (TSA) will begin turning American travelers away at airports if they don’t have an ID card that meets federal standards. Well, there are government programs, and there are…
May 3, 2024
Regulatory Uncertainty Pushes Good People Out of Crypto
There’s a kind of policy argument around technology that relies on inevitability. It surely must rankle a given technology’s foes, and it probably does not persuade them. But it may help policymakers near or on the fence to consider that a technology isn’t going away. Trying to make it go away only harms the United…
May 2, 2024
Examine the FCC’s Proposal on Bulk Billing: A Call to Protect Consumer Interests
Jessica Rosenworcel, Chairwoman of the Federal Communications Commission (FCC), recently shared with her fellow commissioners a Notice of Proposed Rulemaking (NPRM) aimed at eliminating bulk billing arrangements for broadband and video services in multi-tenant environments (MTEs), such as apartments and condos. If approved, the NPRM will be released to the public and open for comment….
April 26, 2024
Can AI Regulation Really Make Us Safe(r)?
In the late nineteenth century, the latest new-fangled invention was the motor car. In both Europe and the United States, regulations required a man waving a red flag to walk ahead of the car to warn road users and bystanders of the presence of the car. This also ensured that the car could travel no faster than…
April 24, 2024
Why Saving AM Radio Is Redundant in the Age of Modern Technology
In an age where technology evolves at an unprecedented pace, it’s hard to justify clinging to outdated modes of communication, especially when superior alternatives exist. This brings us to the current debate around the AM Radio for Every Vehicle Act, a legislative effort to mandate the inclusion of AM radio in all new car models….
April 23, 2024
The Expansive and Expensive American Privacy Rights Act
In early 2020, as a California privacy law came into effect and other states toyed with similar legislation, I talked with a heavy hitter at one of the big tech companies about state privacy efforts. When I asked him what would happen if even more states passed privacy laws, he said something I will never forget: We will…
April 23, 2024
Huawei’s 5G Resilience: Will It Last?
As laid out in my last blog, Huawei continues to demonstrate that it has maneuvered, at least partially, around US-imposed restrictions on advanced chips. Last week, it introduced a more advanced version of its 5G-enabled smartphone, the Pura 70, and expects to sell some 60 million such handsets this year. Semiconductor chips will also play a key role…
April 19, 2024
In Attacking Apple, the Department of Justice Fails to Grasp the Essence of Progress
Those who look forward to Apple (yet again) redefining the technological horizon, like it did with the iPhone, may need to temper their expectations. The US Department of Justice (DOJ) has taken an ill-conceived step with an antitrust lawsuit that, if successful, threatens to transform Apple from an industry maverick into just another phone maker. The DOJ…
April 19, 2024
Evaluating State Broadband Efforts: Insights from the Broadband Barometer Project
As the country races into its digital transformation, the expansion of broadband across the United States has become a pivotal undertaking. There are numerous state and federal efforts, fueled largely by over $70 billion of federal taxpayer dollars. States are at the forefront, receiving about $42.5 billion to implement the Broadband Equity Access and Deployment (BEAD) program under…