Growing animus toward “Big Tech” companies and generalized opposition to technological innovation engenders support for policies that are expressly designed to inhibit it. That is deeply problematic for future progress, prosperity, and competitiveness.

A Policymaker’s Guide to the “Techlash”—What It Is and Why It’s a Threat to Growth and Progress

Policymakers can and should do more to support blockchain innovation and adoption, such as ensuring regulations are targeted and flexible, so as to encourage blockchain experimentation.

A Policymaker’s Guide to Blockchain

In the wide-ranging debate over Section 230, there have been calls to keep the law as it is, repeal it entirely, or reform it. The best approach would be for Congress to pass targeted reforms that address specific harms without unduly burdening online services.

Proposals to Reform Section 230

Augmented reality (AR) amplifies some of the most pressing privacy concerns for bystanders in the digital world and combines them in new ways. Policymakers should develop safeguards that allow for shifting perceptions of privacy in public space.

How to Address Privacy Questions  Raised by the Expansion of Augmented Reality in Public Spaces

The FTC plans to follow Europe’s precautionary approach to antitrust by enacting preemptive rules of per se illegality. But American precautionary antitrust is both unlawful and economically harmful, as it opposes dynamic competition, which benefits consumers and innovation.

American Precautionary Antitrust: Unrestrained FTC Rulemaking Authority

A national framework for digital economy rules would ensure the same protections for all U.S. residents, minimize transaction costs for businesses, enable opportunities to innovate, and increase efficiency in the policymaking process.

The Case for a U.S. Digital Single Market and Why Federal Preemption Is Key

The neo-Brandeisian case for more aggressive merger reviews assumes that market concentration is out of control and enforcement has been too lax. Neither is true. Antitrust regulators should recognize that mergers can contribute to innovation, productivity, and competition.

Reforming Merger Reviews  to Preserve Creative Destruction

Don't like Facebook's privacy policy? Then don't use it. But don't ask government to run Facebook.

The Right to Privacy is Not a Right to Facebook

The COVID-induced isolation economy has demonstrated just how important broadband networks are for work, learning, and entertainment. But it has also highlighted important gaps, such as the rural divide and the “homework divide,” that government policy can play a role in filling.

Podcast: What the COVID Crisis Teaches Us About Broadband Policy, With Larry Downes and Blair Levin

The reported FTC/Google privacy settlement should remind regulators about the impact of fining companies for innocent mistakes that do not result in consumer harm.

Whatever Happened to “No Harm No Foul”?

The Commerce Department should champion pro-innovation information policies, rather than narrowly focus on consumer privacy at the expense of other goals.

Create a Data Policy Office Not a Privacy Policy Office

Unfortunately, new proposed guidelines for enforcing against abusive exclusionary conduct untether liability from likely harms to competition and consumer welfare.

Comments to the European Commission Regarding Article 102 of the Treaty on the Functioning of the European Union

There may be no more important question for the West’s competitive position in advanced industries than whether China is becoming a rival innovator. While the evidence suggests it hasn’t yet taken the overall lead, it has pulled ahead in certain areas, and in many others Chinese firms will likely equal or surpass Western firms within a decade or so.

China Is Rapidly Becoming a Leading Innovator in Advanced Industries

There is no need to expand California’s antitrust regime, as changes should be grounded in empirically demonstrable failures by the status quo to protect competition and consumers. California’s economy is fueled by innovation and technological revolutions, which continue to drive its dynamic businesses and benefit consumers. 

Comments for the California Law Revision Commission Study of Antitrust Law Regarding Consumer Welfare Standard, Concerted Action, and Other Issues

A Democratic staff report from the House Small Business Committee claims that small businesses are better for the economy and large firms are harming it. But most of the report’s assertions stem from flawed research, and its policy recommendations would be detrimental.

Comments to the FTC on the Business Practices of Cloud Computing Providers

Editors’ Recommendations

Secrets From Cloud Computing’s First Stage: An Action Agenda for Government and Industry

Reforming FedRAMP: A Guide to Improving the Federal Procurement and Risk Management of Cloud Services

How Cloud Computing Enables Modern Manufacturing

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Proposals to Reform Section 230