The user agreement has become a potent symbol of our asymmetric relationship with technology firms. For most of us, it’s our first interaction with a given company. We sign up and are asked to read the dreaded user agreement — a process that we know signifies some complex and inconveniently detrimental implications of using the service, but one that we choose to ignore. Our privacy hangs in the balance, yet we skim to the end of those tedious terms and conditions just so we can share that photo, or send a group message, or update our operating system… It’s not our fault.
[Commentary] How can Republicans get right with network neutrality?
Step One: Know your history: At its heart, net neutrality is a competition issue. From Roosevelt to Reagan, we are the party of competition and should never cede that ground. Net neutrality principles and free trade principles are based on the exact same market theory.
Step Two: Stream Ahead: Americans love streaming and reject cable.
[Commentary] I had been waiting with bated breath for the Supreme Court’s decision in Murphy v. NCAA. On May 14, not only did the Supreme Court strike down the federal law at issue, which had stopped states, counties, and cities from legalizing sports gambling within their borders, but it also appears to have invalidated a broad swath of congressional limitations on state tax authority. (Oh, and it also saved sanctuary cities.) What I, for one, didn’t expect is that it would have such significant implications for state tax law as well. Why might it?
[Commentary] The best and fastest vehicle for bringing back the vital protections of net neutrality resides in both houses of Congress. It’s called a “Joint Resolution of Disapproval” which is allowed under a law called the Congressional Review Act (CRA). The CRA allows Congress to overturn an agency decision soon after it is adopted with a simple majority of members in attendance. This Congress used the CRA last April to repeal Federal Communications Commission rules that would have required ISPs to protect the privacy of their customers.
[Commentary] Internet service providers would like you to think there’s broad agreement on net neutrality because everyone agrees cable companies shouldn’t block or slow access to websites and online services.
[Commentary] Recently, US District Judge Richard Leon raised the question of whether an arbitration condition would be enough to address the potential harms from the AT&T-Time Warner merger. This proposal would create a mechanism where both sides in a fee dispute concerning Time Warner programming would present a rate to a third-party arbitrator, who would pick the one that was more reasonable. AT&T-Time Warner would not be permitted to take channels off the air and cut the distributor off from its content during the arbitration process.