Email Spam Filters: Rejecting the 19th-Century Stagecoach Argument
Plus our upcoming policy forum, the DOJ’s ad tech case, and more…
Upcoming Event: Join us next Thursday and Friday (May 15–16), for a two-day workshop, co-hosted with the CEI, on the constitutional limits of the FTC, DOJ and FCC to address alleged “censorship” and “bias.” Our workshops will address the authority of these agencies and how the First Amendment limits government interference in private media. Check out the event program!
Litigation: Corbin filed an amicus brief urging the Ninth Circuit to protect email spam filtering from frivolous lawsuits. Corbin calls out a preposterous claim, raised by the GOP, that Google violated an 1872 California law meant for things like stage coaches. The brief was heavily featured in MediaPost (subscription required). For more, see Corbin’s classic Bulwark article, “The Republican Project to Break Your Email Account.”
Podcast: On a new Tech Policy Podcast, Santa Clara Law’s Jess Miers discusses how the Take It Down Act—the soon-to-be federal law that (ostensibly) targets non-consensual intimate imagery—can be weaponized as a censorship tool. For more, check out the several coalition letters we’ve joined opposing this bill.
Mergers: On the latest episode of our Rethinking Antitrust podcast, Jeremy Sanford, Loren Smith, and Nathan Wilson, formerly of the FTC’s Bureau of Economics and presently at Econic Partners, LLC discuss areas where the 2023 Merger Guidelines could be clarified.
Appearance: Bilal joined a Federalist Society program to discuss the court's ruling in the DOJ’s Google ad tech case. He described how the district court’s decision is potentially vulnerable because of its deviation from a proper interpretation of the Supreme Court’s ruling in Ohio v. American Express and Trinko.
Upcoming Webinar: Our latest “Tech in the Courts” webinar with the Washington Legal Foundation has been postponed to Wednesday, May 14, at 12:30 p.m. ET. Don’t miss our discussion on the Google ad tech antitrust ruling and its impact on competition and online business.
Content Moderation: On Tuesday, May 13, Berin will speak at the European Dialogue on Internet Governance (EuroDIG) in Strasbourg, France, in a main session focused on trans-Atlantic conflict over free expression, content moderation, and platform regulation.
Sure, that’s pretty much the same as an email🤔