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September 9, 2025
The Hidden Price Tag of California’s AI Oversight Bill
The California State Legislature is rushing to pass bills before the session adjourns on September 12, 2025. One bill I have been closely tracking is AB 1018 Automated decision systems, which would regulate all automated decision systems that make consequential decisions. The underlying philosophy behind this bill and similar ones assumes that mandating human oversight automatically…
September 9, 2025
Proportionality and Framing: Unpacking Free Speech Coalition v. Paxton
The US Supreme Court concluded in Free Speech Coalition v. Paxton that the government can force adults to disclose personal, age-verifying information to access sexual content they have a First Amendment right to view but that’s forbidden for minors. I previously criticized the majority for creating a workaround from the demanding strict scrutiny standard of…
September 8, 2025
What to Do About Fentanyl
Three hundred thousand kilograms of methamphetamine precursor chemicals sit in a Houston warehouse, their blue barrels arranged in an oddly orderly display of chaos. The chemicals — enough to produce a million kilos of meth — were bound for Sinaloa from China when U.S. authorities intercepted them last week. Officials celebrated it as the largest seizure in American history,…
September 8, 2025
Are Humans the Greatest Bottleneck to AI Progress?
We stand at the precipice of a technological revolution that could transform every aspect of business and society. Artificial intelligence promises unprecedented efficiency, accuracy, and innovation. Yet, as we survey the corporate landscape today, a troubling pattern emerges: Those who could benefit most from AI are systematically blocking its adoption. The greatest obstacle to our…
September 5, 2025
The Adaptability Dividend: Survival in the Age of Glass-Cannon Technology
The founders of the American republic assumed malice would be constrained by material scarcity: Weapons were expensive, destructive power centralized, and the state’s police and military could deter or punish most offenders. That order is collapsing. The diffusion of advanced technologies is improving the destructive capacity of individuals faster than the defensive capabilities of states….
September 5, 2025
Antitrust Needs to Catch Up with the Pace of Technology
The White House has declared artificial intelligence “non-negotiable” for America’s future. Winning the AI race, the administration argues, is essential to the nation’s prosperity and security. But if the United States is serious about that goal, it needs to rethink how it approaches antitrust, letting fast-moving markets generally solve market power problems on their own….
September 5, 2025
Google Avoids Breakup but Faces New Data Sharing Requirements
This week, D.C. District Court Judge Amit Mehta delivered his long-awaited remedies decision in U.S. v. Google. In the 230-page document, Judge Mehta charted a middle course that reflects both the strength and limitations of the Department of Justice’s (DOJ) case against the search giant. In part, he readily admitted that courts “must approach the…
September 4, 2025
The Rising Cost of Cybercrime: From Billions to Trillions
More than $16 billion has been stolen in 2024 due to cybercrime schemes such as phishing and data breaches, with losses projected to reach the trillions in 2025. This sharp rise in activity can be partially attributed to a continued abuse of the Domain Name System, or DNS, which is exploited by cyber criminals who register domain…
September 4, 2025
Where Are the CHIPS Going to Fall?
Late last month, President Trump announced that the US government would be taking a 10 percent stake in Intel. The move makes the US government the single largest shareholder in the company, but more importantly, this represents a seismic shift in American industrial policy. To finance the acquisition, the administration is converting previously promised CHIPS…
September 3, 2025
First Amendment Problems with Removing Bias in Speech Marketplaces via Government Intervention
In an August 24 post on Truth Social, Donald Trump called ABC and NBC News “two of the worst and most biased networks in history.” The president said he’d support the Federal Communications Commission (FCC) revoking their licenses “because they are so biased and untruthful, an actual threat to our Democracy!!!” Setting aside the question…