July 2019

Department of Commerce Policy Director Earl Comstock on His Way Out

The White House is pushing Commerce policy director Earl Comstock out of the Trump administration -- the first round of house-cleaning after the 2020 census debacle and clashes over tech policy.

Why national preemption has become a technology policy flash point

Some experts are arguing that digital services by their very nature represent interstate commerce and therefore are best dealt with by Congress. In order to avoid the fragmentation of state-centered markets, it is necessary to have uniform standards, not state or local statutes. Given the current composition of the US Supreme Court, a majority of justices could endorse that interpretation of the interstate commerce clause and sharply limits the ability of state and local governments to impose rules on digital services or technology innovation.