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March 20, 2024
The Digital Markets Act: Balancing Innovation and Consumer Safety in the App Ecosystem
The introduction of the Digital Markets Act (DMA) in Europe has sparked a heated debate about the delicate balance between promoting competition and ensuring user safety in the digital landscape. As major tech companies like Apple and Google work to comply with the new regulations, concerns about the potential consequences for consumer experience, privacy, and…
March 19, 2024
Why I’m Out of Step with My Generation
Among my millennial friends, and even more so for Gen Z, it’s common to believe that the United States is in terminal decline. But I remain an outlier because I think the United States’ best days could still be ahead. The country faces challenges, to be sure, but we have an abundance of resources and…
March 19, 2024
Protecting Children Online: Keep Parents in Charge
Before I was married and a parent, I would write with high dudgeon about the defects of involving government in the business of child-rearing. In 2002, for example, I wrote about the Children’s Online Privacy Protection Act, which requires “verifiable parental consent” before a website or service collects personal information from a child under 13: Many…
March 18, 2024
A Lesson in Credible Commitments in a World of Fake News
The late Queen Elizabeth II is believed to have once famously opined “I have to be seen to be believed.” While Her Majesty’s words were assumed to be referring to the bright-colored clothing and big hats that defined her distinctive fashion style, her wise words are prescient in a modern digital world. It is a lesson her…
March 15, 2024
A Choice-of-Law Alternative to Federal Preemption of State Privacy Law
Key Points Read the PDF.https://www.aei.org/wp-content/uploads/2024/03/A-Choice-of-Law-Alternative-to-Federal-Preemption-of-State-Privacy-Law.pdf?x85095 Introduction A prominent theme in debates about US national privacy legislation is whether federal law should preempt state law. A federal statute could create one standard for markets that are obviously national in scope. Another approach is to allow states to be “laboratories of democracy” that adopt different laws so…
March 15, 2024
Solving the Privacy “Patchwork” Through Choice of Law
National markets need a national regulator, right? It makes no sense to have our large American companies face as many as 50 regulators. The inefficiencies are obvious, and the logic is simple. So let’s have our multi-national companies regulated globally, by the UN or something. Did you stop short at that, like Tonto’s horse arriving…
March 13, 2024
When It Comes to Big Tech, Regulatory Ambition Ignores Consumers’ Choices
In the halls of the Federal Trade Commission (FTC) and across the Atlantic in the chambers of the European Commission (EC), not to mention within the borders of Florida and Texas, government officials seem to believe they are better suited than market forces to shape the futures of successful tech platforms like Amazon, Apple, Facebook,…
March 12, 2024
Inside the Challenge Against Phone Spam
Behind the growing challenge of robocalls lies a complex digital economy. As our digital footprints grow and our phone numbers become a key aspect of our online identity, providers and regulators seek to restore eroding public trust in telecommunications. Leading the battle is Dave Stewart, Senior Vice President for Somos, a global provider of telephone numbers…
March 8, 2024
Online Violent Content After Five Years of the Christchurch Call
As the five-year anniversary approaches of the March 15 live streamed massacre of 51 people (with 50 more injured) by a lone shooter at two Christchurch, New Zealand, mosques, it is apposite to consider the activities and effectiveness of the Christchurch Call, the institution established in the wake of the attack under the auspices of then–New Zealand Prime Minister Jacinda…
March 7, 2024
Journalism’s Creative Destruction Opportunity
The traditional bastions of news media are facing a formidable challenge: protecting themselves from the very consumers they aim to serve. Confronted with the of loss of advertising revenue to tech giants like Alphabet and TikTok and the encroaching presence of artificial intelligence, the companies are looking to government for help. This is doomed to fail. So rather…