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April 9, 2025
California Finally Abandons Facets of Flawed Social-Media Mandate
Department of Government Efficiency, but the world’s richest person recently scored an important––albeit largely overlooked––First Amendment victory for social media platforms against intrusive, peek-under-the-hood government regulations. In late February, a final judgment and permanent injunction barring enforcement of key parts of California Assembly Bill 587 (AB 587) was agreed to by the parties in X…
April 8, 2025
My Response to the House Commerce Committee Privacy Working Group
In February 2025, the House Committee on Energy and Commerce announced the creation of a privacy working group to address many of the now-familiar challenges created by our advanced digital economy. Shortly thereafter, the Committee released a Request for Information, inviting expert recommendations for the newly-formed group. I have given some thought to some of…
April 7, 2025
Behind the Curtain
Last month, climate scientist Kate Marvel, of NASA, shared “something I have really struggled with” about extreme event attribution. She was speaking as an invited expert in a public information-gathering session of the U.S. National Academy committee1 on extreme event attribution. Marvel, who also served at the lead author on the chapter on “Climate Trends” in the 2023 U.S. National…
April 7, 2025
The Spectrum Exchange: Networks, Security, and Innovation
Spectrum management is crucial to our digital future as it provides the invisible regulatory framework enabling efficient and equitable allocation of finite radio frequency resources. Without comprehensive, forward-thinking spectrum policies, our rapidly evolving technological landscape will face stifled innovation and restricted growth. Ensuring responsible spectrum issues involves balancing regulatory frameworks that encourage innovation while ensuring…
April 4, 2025
A Policy Professor Grades Trump’s Trade Policies
For this first edition of THB Subscriber Questions (THBSQ#1) I am going to address one question asked by many readers. Anders Valland asks: Professor, now you know where it starts. What are your reflections on the new tariff regime? I’ll start with a disclaimer and some throat clearing — I do not research or publish in…
April 4, 2025
Why Trump’s FTC Firings Matter—Even If They’re Legal
President Donald Trump fired two Democratic commissioners from the Federal Trade Commission (FTC) last Tuesday, a move that raises important questions about the independence of regulatory agencies. If challenged in court—something the commissioners say they will do—the outcome could set a major precedent regarding presidential authority over supposedly independent agencies. Legally, this issue is murky….
April 3, 2025
The Pacing Problem in Electricity
The electricity industry is undergoing an unprecedented transformation characterized by smaller-scale, decentralized, and digital technologies. But transitions are rarely easy. Significant challenges arise as the rapid pace of technological innovation exceeds the slower-moving evolution of regulatory institutions, creating what is known as the “pacing problem”. California, with its aggressive renewable energy policies and ambitious decarbonization…
April 3, 2025
How Virologists Lost the Gain-of-Function Debate
For years, scientists kept the debate about risky virus research among themselves. Then Covid happened. As President Trump prepares to crack down on virology research, the expert community must face up to its own failures. Read the full essay in The New Atlantis.
April 3, 2025
Eight Pathways to Overcome Vetocracy and Unlock Abundance
The recent release of Abundance by Ezra Klein and Derek Thompson has brought much needed attention to the problem of sclerotic government, especially vetocracy. Vetocracy is an emergent property of institutions where excessive veto points create systemic gridlock, manifested through: While at times imperfect, here are eight practical solutions to overcome this challenge. 1. Refactor…
April 2, 2025
Free Speech Tradeoffs and Roleplaying Chatbots: Sacrificing the Rights of Many to Safeguard a Few?
First Amendment law entails tradeoffs. Consider Free Speech Coalition v. Paxton, a case the US Supreme Court heard in January. It involves an online age-verification statute that ostensibly is designed to prevent minors from accessing sexually explicit content that Texas deems harmful to them but that is not obscene (and thus is constitutionally protected) when…