March 25, 2025
The Public Interest as a Political Tool
Donald Trump and Brendan Carr, the president’s choice to chair the Federal Communications Commission (FCC), seem intent on reinvigorating the Commission’s statutory authority to ensure that over-the-over broadcasters serve “the public interest.” That’s especially so when it comes to deploying the FCC’s news distortion rule to potentially punish stations—for example, CBS affiliates that aired 60…
March 21, 2025
Will FCC v. Consumers’ Research Revive the Nondelegation Doctrine?
The idea behind the nondelegation doctrine is sound: Congress should not delegate legislative power to executive branch agencies. But its implementation leaves much to be desired. Nearly every nondelegation case acknowledges there’s a theoretical boundary but then finds that Congress hasn’t crossed it here. Only twice has the Supreme Court found a law violated the…
March 21, 2025
New Poll on Workers’ Attitudes to AI Reinforces Old Divides
Will artificial intelligence help, replace, or kill us? These long-unanswered questions came back into focus earlier this week, as the Pew Research Center published the results of an eye-opening poll that further underscores an unhappy trend: our debate about AI is fundamentally broken. Pew found that more than half of all American workers reported being…
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 19, 2025
AI and Jobs: Measuring Impact and Building New Assessment Tools
Event Summary On March 19, AEI’s Brent Orrell and Shane Tews hosted a panel discussion featuring Alex Tamkin, an AI researcher at Anthropic, and Jason Owen-Smith, a sociologist at the University of Michigan, on how AI is shaping the labor market and workforce development policy. The conversation was moderated by Axios reporter Ashley Gold. The…
March 18, 2025
The Sad Myth of Independent Agencies
President Trump’s recent executive order (EO) asserting more formal control over so-called independent agencies has sparked controversy. Critics decry it as a “fundamental reshaping of the federal government” and even “illegal,” fearing that it will allow the president to direct regulatory decisions. But while the EO may look dramatic, in practice it changes little. Independent…
March 18, 2025
Children’s Online Safety Should Rely on Content Providers, Not Device Manufacturers
Creating and managing a positive digital environment for children has become a priority for parents, lawmakers, and technology companies. However, as proposals progress to develop solutions and implement protections, we must ensure that our approaches address parents’ concerns without creating additional issues from the extensive collection of minors’ data. Several legislative proposals currently seek to…
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…
March 7, 2025
Design Mandate Proposals Threaten American AI Leadership
Scholars often cite the 1984 Betamax case as a pivotal moment in the development of modern American tech policy. The entertainment industry sought to prohibit Sony from selling its videocassette recorder, because it could be—and largely was—used by consumers for copyright infringement. But the Court declined, finding that the device was “capable of substantial noninfringing…