December 20, 2024
Weighing Risks and Deference in the Supreme Court’s Pending TikTok Ruling
With the US Supreme Court agreeing to review on January 10 this month’s appellate court ruling against TikTok, it’s essential to place the high court’s pending decision in a broader context. Setting aside nuances of legal tests like strict scrutiny, how most Americans will perceive the outcome in TikTok v. Garland likely hinges on a combination of five slippery variables. Whether (and…
December 19, 2024
Navigating India’s Digital Competition Landscape
India’s Digital Competition Bill of 2024 represents a crucial balancing act for the nation’s digital economy. The legislation aims to foster digital entrepreneurship while carefully avoiding regulatory constraints that could impede technological innovation. However, the bill is not without its criticism, and experts argue that its anti-big-business agenda and ambiguous policy prescriptions could hinder rather…
December 18, 2024
Misinformation, Journalism, and the Squishiness of Truth: A Court Strikes Back
What’s the difference between a completely true statement, one that’s substantially true, and one that’s just plain false? The US Court of Appeals for the Eleventh Circuit grappled with that issue last month in Project Veritas v. Cable News Network. It’s a defamation dispute that tests the boundaries of how much legal leeway journalists have in claiming that…
December 17, 2024
A Terrible, Awful, Disgusting Lawsuit Against Apple
It is deeply unfortunate that the vast wave of information, education, interaction, commerce, and creativity borne by the internet comes with costs like greater access to child sexual abuse material (CSAM). It is customary in the policy world to decry CSAM in overwrought terms, but it is important to be hardheaded about the implications of…
December 17, 2024
The Fight Against Drug Shortages (with Laura Bray)
The United States faces a critical drug shortage crisis every day that jeopardizes patient care across medical specialties. The problem is staggering: 83 percent of oncologists cannot prescribe their preferred chemotherapy treatments, and a shocking 96 percent of these drug shortages stem from human manufacturing issues. In 2023, drug shortages reached a 10-year high, with 309…
December 17, 2024
The Fight Against Drug Shortages (with Laura Bray)
The United States faces a critical drug shortage crisis every day that jeopardizes patient care across medical specialties. The problem is staggering: 83 percent of oncologists cannot prescribe their preferred chemotherapy treatments, and a shocking 96 percent of these drug shortages stem from human manufacturing issues. In 2023, drug shortages reached a 10-year high, with 309…
December 16, 2024
A Venture Capitalist as AI and Crypto Czar
When I first conceived this newsletter, one of the audiences I had in mind was what I called the “All-In crowd,” the people who listen to and engage with the All-In Podcast. For those who don’t listen to All-In, it’s a weekly conversation among four veteran venture capitalists: Chamath Palihapitiya, Jason Calacanis, David Sacks, and David Friedberg. They…
December 12, 2024
The DOJ’s Misguided Overreach with Google Is an Opportunity for Trump
The Department of Justice’s (DOJ) proposed remedies in its antitrust case against Google read less like a serious legal prescription and more like an attempt to sabotage innovation—or perhaps the incoming Trump administration itself. By seeking to dismantle Google and force it to subsidize its competitors, the DOJ risks creating an economic disaster and hobble the development…
December 11, 2024
The Necessity of Narrow Tailoring: Why Florida’s Latest Social Media Law Is Unconstitutional
If ever a First Amendment challenge to a statute constraining minors’ access to social media platforms was inevitable, it’s surely the one filed in late October by trade associations Computer and Communications Industry Association (CCIA) and NetChoice targeting a vastly overbroad Florida law, House Bill 3. As explained here, the complaint in CCIA v. Moody provides a primer for Sunshine State legislators and those…
December 11, 2024
Why Encryption Matters More Than Ever
In a remarkable shift that underscores the critical state of digital privacy, US officials are now actively encouraging Americans to use encrypted messaging apps for their communications. This recommendation comes after the “Volt Typhoon” attacks—attributed to a Chinese state-sponsored hacking group targeting US critical infrastructure, including communications, energy, and transportation sectors—and the “Salt Typhoon” attacks….