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Research Archive

April 25, 2025

A NEPA Update from the White House

This past January, the White House issued Executive Order (EO) 14154, “Unleashing American Energy,” which rescinded EO 11991 from May 1977. For nearly 50 years, EO 11991 served as a foundational document for national environmental law. It established the framework authorizing the Council on Environmental Quality (CEQ), which developed regulations for federal agencies to implement…

April 23, 2025

The Digital Markets Act: A Security Risk for Encrypted Communications

A recent controversy involving Defense Secretary Pete Hegseth presents a sobering, real-world example of the security risks posed by messaging platforms. Hegseth and other senior Trump administration officials discussed sensitive military plans over the unsecured Signal app—violating government security protocols. When The Atlantic’s editor-in-chief, Jeffrey Goldberg, was inadvertently added to this group chat, sensitive operational…

April 23, 2025

The FCC’s Misguided Efforts to Police News Trump Disdains

Much is disturbing about the case of Kilmar Abrego Garcia. For starters, he was deported to an El Salvador prison due to what one Republican US Senator recently called “a screw-up” by the Trump administration and what the federal government confessed in a March 31 court filing was “an administrative error.” More troubling, of course,…

April 22, 2025

Which is in Collapse? Administrative Law or REAL ID?

If you’ve ever raised children, you’re familiar with defenses like: “I didn’t hit my brother. My bat did!” We keep kids in whiffle ball until they understand culpability a little better. The upcoming deadline for compliance with our national ID law, REAL ID, has a children’s logic to it. The deadline will not change, we…

April 22, 2025

America’s AI Future Needs Faster Permitting

The United States leads the world in artificial intelligence, but it’s not guaranteed to stay there. The bottleneck isn’t talent, ideas, or capital—it’s electricity. Electricity is the binding constraint for building and using hyperscale data centers, essential for training today’s advanced AI models. The Department of Energy projects that data center electricity demand will nearly…

April 19, 2025

What a Novel-Writing Organization’s Demise Teaches Us About AI

During a recent tour for my newly released book on what Jewish tradition teaches us about artificial intelligence, the third-most common question I received—after “What’s your book about?” and “What made you write it?”—was “Did you use AI to write your book?” Each time, I would answer that third question with an unequivocal “no.” But I would…

April 18, 2025

The Dangerous Road to a “Master File”—Why Linking Government Databases Is a Terrible Idea

A concerning development from the Trump administration has privacy advocates sounding alarm bells nationwide: a plan to consolidate data from dozens of government agencies into what would amount to a comprehensive “master file” on all American citizens. While proponents claim this massive data integration effort will help eliminate waste and fraud, the potential consequences for…

April 17, 2025

Judge McFadden’s First Amendment Ruling Against the White House: Infusing Modern Speech Doctrines with History and Tradition

I recently addressed today’s debate over the Press Clause’s meaning 234 years after the First Amendment’s ratification. The rift involves whether the clause is “a technology-specific provision” that safeguards “everyone’s right to use a particular type of mass communication technology and its modern analogs,” or whether it protects the press as an institution that receives…

April 16, 2025

Bastiat and What is Not Seen in Tech Policy

Over at The Dispatch, AEI Senior Fellow Jonah Goldberg recently praised Frédéric Bastiat’s classic essay, “That Which is Seen, and That Which is Not Seen.” Goldberg cited the piece to critique the Trump administration’s seemingly-attractive-but-deeply-flawed approach to trade. I’ve found that this short 1850 treatise is equally illuminating when assessing 21st century tech policy. As…

April 15, 2025

The AI Race Accelerates: Key Insights from the 2025 AI Index Report

The 2025 AI Index Report, recently released by Stanford’s Human-Centered Artificial Intelligence (HAI), offers an insightful overview of the current state and trajectory of artificial intelligence (AI). While the comprehensive report spans an extensive 456 pages, here are the top six observations that stood out: 1. AI Nears Human-Level Performance AI research accelerated dramatically in…