FCC Data Breach Rule Violates Congressional Mandate
Plus a new podcast, content moderation, and more…
FCC: Andy filed an amicus brief in Ohio Telecom Association v. FCC, a case asking whether the FCC can issue a rule even when Congress has already voted that it does not want the Commission to do so. As you may have guessed, he answered no.
Broadband: At the WLF Legal Pulse—as well as on his Substack—Corbin took a close look at how the Second Circuit misapplied federal preemption law in upholding a New York effort to set price controls on broadband.
TikTok: As the litigation over the statute banning TikTok heats up, Corbin was quoted in this week’s print edition of The Economist (paywall), in an article exploring the “side-effects of the TikTok tussle.”
Podcast: On a new Tech Policy Podcast “From the Vault” edition, Corbin reached back to January 2022 for a talk with Professor Joseph Uscinski (University of Miami), who argues that the internet is not increasing the prevalence of conspiracy theories.
Content Moderation: The Financial Times quoted Berin (paywall) about Silicon Valley donors vying for influence in a potential second Trump administration to “in service of their grievances and the culture war. … This is all about palace intrigue and palace politics and who has the ear of the emperor.”
This is the wrong way for the administrative state to approach rulemaking.