Harold Feld

A Tax on Silicon Valley Is A Dumb Way to Solve Digital Divide, But Might Be A Smart Way To Protect Privacy.

What sort of a tax on Silicon Valley (and others) might make sense from a social policy perspective? What about a tax on the sale of personal information, including the use of personal information for ad placement?

Making the Digital Transition an “Upgrade for All” Again

Copper networks still form the backbone of America’s communication system despite the rise of fiber -- and providers are either pulling the plug or letting them fall into disrepair.

Could the FCC Regulate Social Media Under Section 230? No.

Apparently, the White House is considering a potential Executive Order to address the ongoing-yet-unproven allegat

Public Knowledge Cautions FCC Robocall Order Could Create New Service Fee

The Federal Communications Commission published a draft Order in the “Advanced Methods to Target and Eliminate Unlawful Robocalls” proceeding.

The Case for the Digital Platform Act

To the challenges posed by the power of digital platforms, we need a “Digital Platform Act” to create an agency specifically charged to regulate digital platforms on an ongoing basis.

Public Knowledge Urges Congress to Question FCC’s 5G Plan

On April 12, the Federal Communications Commission announced a plan for promoting 5G which includes the nation’s largest spectrum auction in Dec 2019 and the promised future creation of a $20.4 billion rural broadband investment fund, “The Rural D

How Not To Train Your Agency, Or Why The FTC Is Toothless.

It was quite noteworthy to see Freshman Sen Josh Hawley (R-MO) tear the Federal Trade Commission a new one for its failure to do anything about how tech companies generally (and Google and Facebook specifically) vacuum up everyone’s personal infor

What Makes Sen Warren’s Platform Proposal So Potentially Important.

March 8, the Presidential campaign of Elizabeth Warren, not to be confused with the actual office of Sen Elizabeth Warren (D-MA), announced Warren’s plan for addressing the tech giants.

The Market for Privacy Lemons. Why “The Market” Can’t Solve The Privacy Problem Without Regulation.

For the last 25 years, the official policy of the United States with regard to digital privacy has been to rely on "market mechanisms," primarily policed by the Federal Trade Commission's Section 5 authority to prosecute "unfair and deceptive" pra

Net Neutrality Oral Argument Highlights Problem For Pai: You Can’t Hide The Policy Implications Of Your Actions From Judges.

On Feb 1, we had approximately 4.5 hours of oral argument on the network neutrality case. I want to just highlight one theme: the refusal of the Federal Communications Commission to be honest about the expected policy consequences of its actions.