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January 6, 2025
The Digital Markets Act: Security and Innovation Challenges in Tech Regulation
The European Commission’s Digital Markets Act (DMA) aims to foster competition in digital markets through mandated interoperability between platforms and devices. A current consultation specifically addresses Apple iOS’s integration with connected devices like smartwatches and headphones, highlighting the broader implications of this regulatory framework. The DMA has significant security implications. The regulation could compromise existing…
December 24, 2024
Protecting Youth Online: A Guide to Parental Controls and Safety Tools
The digital age has brought unprecedented opportunities for learning and connection, but it also presents new challenges for parents and guardians. Social media platforms and operating systems offer a range of tools and resources to help protect young people online, but navigating these options can be overwhelming. This comprehensive guide provides step-by-step instructions on using…
December 23, 2024
Rebuked by the Supreme Court, Fifth Circuit Now Is Making Life Rough on NetChoice
Sometimes a hard-fought First Amendment win at the US Supreme Court leads to a longer, more difficult battle for the victor after the justices send the case back to a lower court to deliver a new ruling consistent with the Supreme Court’s decision. That scenario now may play out for multiple social media platforms, given…
December 20, 2024
Weighing Risks and Deference in the Supreme Court’s Pending TikTok Ruling
With the US Supreme Court agreeing to review on January 10 this month’s appellate court ruling against TikTok, it’s essential to place the high court’s pending decision in a broader context. Setting aside nuances of legal tests like strict scrutiny, how most Americans will perceive the outcome in TikTok v. Garland likely hinges on a combination of five slippery variables. Whether (and…
December 19, 2024
Navigating India’s Digital Competition Landscape
India’s Digital Competition Bill of 2024 represents a crucial balancing act for the nation’s digital economy. The legislation aims to foster digital entrepreneurship while carefully avoiding regulatory constraints that could impede technological innovation. However, the bill is not without its criticism, and experts argue that its anti-big-business agenda and ambiguous policy prescriptions could hinder rather…
December 18, 2024
Misinformation, Journalism, and the Squishiness of Truth: A Court Strikes Back
What’s the difference between a completely true statement, one that’s substantially true, and one that’s just plain false? The US Court of Appeals for the Eleventh Circuit grappled with that issue last month in Project Veritas v. Cable News Network. It’s a defamation dispute that tests the boundaries of how much legal leeway journalists have in claiming that…
December 17, 2024
A Terrible, Awful, Disgusting Lawsuit Against Apple
It is deeply unfortunate that the vast wave of information, education, interaction, commerce, and creativity borne by the internet comes with costs like greater access to child sexual abuse material (CSAM). It is customary in the policy world to decry CSAM in overwrought terms, but it is important to be hardheaded about the implications of…
December 11, 2024
The Necessity of Narrow Tailoring: Why Florida’s Latest Social Media Law Is Unconstitutional
If ever a First Amendment challenge to a statute constraining minors’ access to social media platforms was inevitable, it’s surely the one filed in late October by trade associations Computer and Communications Industry Association (CCIA) and NetChoice targeting a vastly overbroad Florida law, House Bill 3. As explained here, the complaint in CCIA v. Moody provides a primer for Sunshine State legislators and those…
December 11, 2024
Why Encryption Matters More Than Ever
In a remarkable shift that underscores the critical state of digital privacy, US officials are now actively encouraging Americans to use encrypted messaging apps for their communications. This recommendation comes after the “Volt Typhoon” attacks—attributed to a Chinese state-sponsored hacking group targeting US critical infrastructure, including communications, energy, and transportation sectors—and the “Salt Typhoon” attacks….
December 9, 2024
America’s Two Singaporean Futures Under President Trump
“Tech” could push our society in two different directions in the forthcoming Trump administration. They could both be called the Singaporean model. But one could be an embrace of Singapore’s authoritarianism, while the other is an embrace of Singapore’s openness to real technological change. You could guess which I prefer. The inspiration for the instant…