January 12, 2025
The Collapse of Offshore Wind Power Is Only the Beginning
The “clean energy transition” — the wholesale replacement of conventional (for the most part fossil) energy with such unconventional technologies as wind and solar power — has been the raison d’être for great masses of the well-off living in comfort in Western economies for many years. And they now are grieving. Why? Because that transition, aided with…
January 10, 2025
Regional Transmission Organizations as Market Platforms I
2025 is already shaping up to be a year of change for many reasons related to the economics and technology of energy. Between the uncertainty arising from a political change in presidential administration and the dynamics of technological change in the economy, the only prediction I’d hazard is that change will happen. Some of these…
January 9, 2025
The Sixth Circuit Strikes Net Neutrality in a Victory for Tech and Administrative Law
My fellow tech policy enthusiasts, our long national nightmare is over. Last week, the US Court of Appeals for the Sixth Circuit brought an end to the decade-long fight over net neutrality by prohibiting the Federal Communications Commission (FCC) from applying Title II common carrier regulation to broadband providers. The decision is a victory for tech policy,…
January 8, 2025
Suing OpenAI for ChatGPT-Produced Defamation: A Futile Endeavor?
More than 16 months after I wrote about the defamation-by-chatbot case Walters v. OpenAI, the groundbreaking battle pitting radio show host Mark Walters against the company behind ChatGPT is reaching a pivotal point. Following Georgia Superior Court Judge Tracie Cason’s refusal last January to dismiss Walters’s claim that OpenAI is civilly liable for defamatory output generated about him by ChatGPT, the parties…
January 8, 2025
The Interests of the U.S. and the Honolulu Climate Case Before the U.S. Supreme Court
The Office of the Solicitor General — part of the Department of Justice —was created by the Statutory Authorization Act of June 22, 1870. The Act states that there shall be an officer “learned in the law,” to be called the Solicitor General, to assist the Attorney General in the performance of his or her duties. The…
January 6, 2025
Ten Years and Counting: Who Stands for the People of Puerto Rico?
The Lord works in mysterious ways, an eternal truth illustrated by the latest electric power blackout afflicting Puerto Rico on New Year’s Eve. Merely the latest manifestation of the reality that the island’s electric grid is in desperate need of modernization, it is a reminder also that the sad saga of the Puerto Rico Electric…
January 6, 2025
The Digital Markets Act: Security and Innovation Challenges in Tech Regulation
The European Commission’s Digital Markets Act (DMA) aims to foster competition in digital markets through mandated interoperability between platforms and devices. A current consultation specifically addresses Apple iOS’s integration with connected devices like smartwatches and headphones, highlighting the broader implications of this regulatory framework. The DMA has significant security implications. The regulation could compromise existing…
December 24, 2024
Protecting Youth Online: A Guide to Parental Controls and Safety Tools
The digital age has brought unprecedented opportunities for learning and connection, but it also presents new challenges for parents and guardians. Social media platforms and operating systems offer a range of tools and resources to help protect young people online, but navigating these options can be overwhelming. This comprehensive guide provides step-by-step instructions on using…
December 23, 2024
DOGE Needs to Dig Deeper Than Its Leaders Understand
An undergraduate class on Congress and legislation was one of the lowlights of my academic career. In my work for the class, I would often get wrapped up in critiquing legislation from the angle of bureaucratic implementation, when the professor was very clearly testing for understanding of the material about Congress. I resisted the class…
December 23, 2024
Rebuked by the Supreme Court, Fifth Circuit Now Is Making Life Rough on NetChoice
Sometimes a hard-fought First Amendment win at the US Supreme Court leads to a longer, more difficult battle for the victor after the justices send the case back to a lower court to deliver a new ruling consistent with the Supreme Court’s decision. That scenario now may play out for multiple social media platforms, given…