All Research

All Research

Flipping Frames on the New York Times’s NetChoice Profile
Blog Post
AEIdeas

Flipping Frames on the New York Times’s NetChoice Profile

Readers following First Amendment cases about laws regulating social media platforms surely recognize the name NetChoice. It’s the trade association dedicated to making “the Internet safe for free enterprise and free expression,” believing that…

Antitrust’s Blind Spots: When Markets Fix Problems Faster Than Regulators
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AEIdeas

Antitrust’s Blind Spots: When Markets Fix Problems Faster Than Regulators

One of the enduring ironies of antitrust law is that governments often step in to solve perceived problems that market forces are already addressing. A prime example: Standard Oil. Its…

The Judiciary, Generative AI, and Ordinary Meanings: Kevin Newsom Leads the Way
Blog Post
AEIdeas

The Judiciary, Generative AI, and Ordinary Meanings: Kevin Newsom Leads the Way

When it comes to jurists experimenting with generative artificial intelligence (Gen AI), Judge Kevin Newsom of the US Court of Appeals for the Eleventh Circuit is at the leading edge. He’s also making his…

The Vital Importance of Encryption for Consumers: Lessons from Recent Events
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AEIdeas

The Vital Importance of Encryption for Consumers: Lessons from Recent Events

As we observe Cybersecurity Awareness Month this October, a recent and alarming cyber incident is a stark reminder that digital security is a concern not just for businesses and governments…

The Perils of a Google Breakup: A Warning for American Business
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AEIdeas

The Perils of a Google Breakup: A Warning for American Business

As American voters consider a potential Harris administration, it’s worth thinking about what it might mean for American business. In its ongoing antitrust case against Google, the Department of Justice…

Making Australia the Safest Place on Earth to Date?
Blog Post
AEIdeas

Making Australia the Safest Place on Earth to Date?

Australia’s claim to stewarding the safest digital space on planet Earth took another step forward on October 1 when Communications Minister Michelle Rowland announced a “voluntary” code of conduct agreed to by online dating…

Transparently Unconstitutional: California Strikes Out Again with Compelled-Speech Mandates
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AEIdeas

Transparently Unconstitutional: California Strikes Out Again with Compelled-Speech Mandates

The US Court of Appeals for the Ninth Circuit delivered an important First Amendment victory last month in X Corp. v. Bonta, ruling that Elon Musk’s company would likely win its free-speech challenge against California’s…

How to Get the Broadband Equity, Access, and Deployment Program Back on Track
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AEIdeas

How to Get the Broadband Equity, Access, and Deployment Program Back on Track

The Biden administration’s flagship broadband initiative, the $42.5 billion Broadband Equity, Access, and Deployment (BEAD) Program, is facing mounting criticism. Launched with the promise of bridging America’s digital divide, BEAD…

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AEIdeas

DuckDuckGo’s Bold Play to Weaken Competition

Give DuckDuckGo (DDG) credit for its spirit. After 15 years of trying, the search engine ranks fifth globally. But it has stagnated and even DDG admits it isn’t on par with Google. Now, rather…

Online Platforms and the Wall of Separation Between Government and Private Action
Blog Post
AEIdeas

Online Platforms and the Wall of Separation Between Government and Private Action

The US Supreme Court’s 2024 opinions in Moody v. NetChoice, Murthy v. Missouri, and National Rifle Association v. Vullo collectively should make it harder for plaintiffs to treat social media platforms as state-actor defendants for removing content the…

Legislative Patent Reform Efforts Come Up Short—Yet Again
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AEIdeas

Legislative Patent Reform Efforts Come Up Short—Yet Again

“The definition of insanity,” Albert Einstein supposedly said, “is doing the same thing over and over again, but expecting different results.” If true, then the advocates of legislative patent reform…

The Broadband Dilemma
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AEIdeas

The Broadband Dilemma

Broadband accessibility has rapidly transformed into a modern-day essential, integral to our nation’s economy.  However, some still do not have access to basic internet connectivity, which became more evident during…

Phased-In REAL ID Enforcement Is out of Phase with the Law
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AEIdeas

Phased-In REAL ID Enforcement Is out of Phase with the Law

For my next trick, I hereby predict the fall of the new May 7, 2027 REAL ID compliance deadline. If you’re not a regular reader of my REAL ID posts, here’s…

The Supreme Court’s Recent Rulings Buttress Platforms’ Wins over Robert F. Kennedy Jr.
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AEIdeas

The Supreme Court’s Recent Rulings Buttress Platforms’ Wins over Robert F. Kennedy Jr.

Last month wasn’t kind to Robert F. Kennedy Jr. He suspended his run for president on August 23, saying he didn’t see “a realistic path to electoral victory.” Three days later, the US Court of…

Australia Disconnects (Again)
Blog Post
AEIdeas

Australia Disconnects (Again)

Australia has made something of an art form of leading the world with digital laws that look interesting at first blush but then prove either difficult to implement or impotent.…