All Research

All Research

Going Granular with the Tech-Savvy Justice Barrett
Blog Post
AEIdeas

Going Granular with the Tech-Savvy Justice Barrett

“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…

Renewing the Partnership Between Government and Entrepreneurs
Blog Post
AEIdeas

Renewing the Partnership Between Government and Entrepreneurs

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…

No, Debates over Artificial Intelligence Regulation Do Not Preclude Digital Trade Rules Negotiations
Blog Post
AEIdeas

No, Debates over Artificial Intelligence Regulation Do Not Preclude Digital Trade Rules Negotiations

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…

Lax Merger Enforcement Is a Myth
Blog Post
AEIdeas

Lax Merger Enforcement Is a Myth

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…

Looking at Loper Bright More Broadly
Blog Post
AEIdeas

Looking at Loper Bright More Broadly

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).…

The Right to Listen: Wrongly Rejected in Murthy v. Missouri?
Blog Post
AEIdeas

The Right to Listen: Wrongly Rejected in Murthy v. Missouri?

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…

NetChoice and the Art of the Facial Challenge
Blog Post
AEIdeas

NetChoice and the Art of the Facial Challenge

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,…

Raising the Bar, Not Lowering Our Guard, Around Cybersecurity
Blog Post

Raising the Bar, Not Lowering Our Guard, Around Cybersecurity

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…

Harm, Safety, Effective AI Risk Management, and Regulation
Blog Post
AEIdeas

Harm, Safety, Effective AI Risk Management, and Regulation

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,…

The Cultural, Economic, and Policy Dimensions of Your Phone Choices
Blog Post
AEIdeas

The Cultural, Economic, and Policy Dimensions of Your Phone Choices

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,…

Two Democrats, Two World Views on Tech, Trade, and Globalization
Blog Post
AEIdeas

Two Democrats, Two World Views on Tech, Trade, and Globalization

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…

The Judiciary and Generative AI: Thoughtful Forward Momentum
Blog Post
AEIdeas

The Judiciary and Generative AI: Thoughtful Forward Momentum

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…

Privacy and the Double-Bureaucracy Redux
Blog Post
AEIdeas

Privacy and the Double-Bureaucracy Redux

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…

Inputs, Outputs, and Fair Uses: Unpacking Responses to Journalists’ Copyright Lawsuits
Blog Post
AEIdeas

Inputs, Outputs, and Fair Uses: Unpacking Responses to Journalists’ Copyright Lawsuits

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…

European Commission’s Attack on Apple Illustrates the Growing Incoherence of Its Competition Policy
Blog Post
AEIdeas

European Commission’s Attack on Apple Illustrates the Growing Incoherence of Its Competition Policy

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,…