“We’re a court. We really don’t know about these things. You know, these are not like the nine greatest experts on the internet,” quipped Justice Elena Kagan in February 2023 during arguments…
By Clay Calvert | August 6, 2024
Our government grapples with challenges that demand quick solutions and decisive action. However, the government’s structure often lacks the necessary incentives to drive innovation. How can venture capital principles be…
By Shane Tews | August 5, 2024
In her unceasing campaign to forestall new international rules for digital trade, US Trade Representative (USTR) Katherine Tai has seized upon a new rationale: the need to forge a new…
By Claude Barfield | August 2, 2024
Sometimes a false narrative is repeated so often that people accept it as true. This has been the situation with mergers in the US, where numerous government officials, some academics, and others have accepted and…
By Mark Jamison | August 1, 2024
Everything is right in my colleague Daniel Lyons’s recent post “Net Neutrality, and Other FCC Initiatives Jeopardized Post-Chevron,” covering practical upshots of the Chevron doctrine’s end at the Federal Communications Commission (FCC).…
By Jim Harper | July 31, 2024
The US Supreme Court this year ruled on three cases—Lindke v. Freed, Murthy v. Missouri, and Moody v. NetChoice—affecting social media platforms and the First Amendment’sguarantee of free expression. While prior posts encapsulated the decisions…
By Clay Calvert | July 30, 2024
Social media companies found much to like in last month’s blockbuster Moody v. NetChoice decision. Facing legislation that would have forced Facebook, X, and others to carry content against the companies’ will,…
By Daniel Lyons | July 25, 2024
Last week’s global IT outage demonstrated the vulnerability of our deeply interconnected digital infrastructure. A single unchecked software update by the cybersecurity company CrowdStrike to its customer, Microsoft, rapidly cascaded…
By Shane Tews | July 24, 2024
On October 30, 2023, the White House announced its Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The order addressed, in an industry-led US context,…
By Bronwyn Howell | July 23, 2024
You wouldn’t expect to find a product review on this blog, but variety is the spice of life! Then again, your digital life may be a little too spicy, overcooked,…
By Jim Harper | July 18, 2024
Recently, the contrasting perspectives of two very different Democratic leaders have come sharply into focus as they presented forthright accounts of their ideologies. On the one hand, Democratic Representative Suzan…
By Claude Barfield | July 17, 2024
How does an otherwise-ordinary insurance lawsuit involving the interpretation of “landscaping” turn into something large enough to garner news media attention? A federal appellate court judge penned a witty, well-reasoned concurrence…
By Clay Calvert | July 16, 2024
A year and a half ago, I ranted here against an unlikely, or perhaps rarely recognized, combination between the government and corporate sectors against the little guy. In that case, it was…
By Jim Harper | July 15, 2024
Arguments filed in June by defendants OpenAI and Microsoftin Daily News, LP v. Microsoft Corporation clarify the direct copyright infringement battle pitting eight newspaper publishers against generative artificial intelligence companies. Additionally, OpenAI’s assertions supporting its motion to dismiss The New York…
By Clay Calvert | July 11, 2024
The European Commission (EC) seems gripped by a tech-anxiety that drives it to attack technological advancements it believes it should control. If the EC does not address this irrational stance,…
By Mark Jamison | July 9, 2024