March 26, 2025
Return of the Landline: A Regressive or Welcome Scenario?
If there has been one inexorable trend in the telecommunications industry over the past 30 years, it has been the decline of the household landline phone connection. While Figure 1 illustrates the case for the United States, the phenomenon is worldwide. The humble landline, with its single function and tethered to a single fixed location has given…
March 25, 2025
The Press Clause’s Disputed Meaning and Its Implications for Trump-Era Journalism
A burgeoning battle among academics and attorneys involving a centuries-old communications technology––the printing press––could impact journalists’ current claims to constitutional protection against President Trump’s ceaseless attacks on news organizations. Indeed, the dispute might profoundly affect lawsuits such as Associated Press v. Budowich in which a wire service is fighting to restore its press-credentialed access to…
March 20, 2025
DOGE, Open Up the MAX Database!
My most recent post “Haste Controls Waste!” sought to reconcile my misgivings about the speed of current government reforms with decades of staunch and thoroughgoing resistance. Now let’s talk about DOGE-y reforms that could be applied to democratic processes. When Elon Musk spoke about democracy in the Oval Office some weeks ago, many people focused…
March 19, 2025
How much might AI legislation cost in the US?
Policymakers are rushing to regulate artificial intelligence (AI), but the economic impact of these regulations remains largely unexplored. While the European Union and the United Kingdom have produced cost estimates, recent developments in the United States offer important new benchmarks. Recent amendments to the California Consumer Privacy Act (CCPA) and regulations implementing President Biden’s Executive Order on AI offer…
March 18, 2025
How the Founders Addressed Facial Recognition Technology
If you study Fourth Amendment law and jurisprudential trends, you can—at least in a figurative, tentative, hopeful, and possibly illusory sense—see the future. Subject to all those caveats, I have good news about difficult problems in Fourth Amendment law such as facial recognition and DNA. Curiously, my first writing on the topic I wedged into…