I'd like to thank all (two) of you who sent outstanding taco recommendations. Taqueria Xochi and Tacos a la Madre for those interested. To the one person who recommended French tacos: wrapping a tortilla around French fries, halal meat, and cheese sauce may be considered a “taco” in Europe. Back here in the colonies, that does not fly. But I will try one because as they say, when in Rome...
Net Neutrality. With a new Democrat-controlled FCC on the horizon, it seems like only a matter of time before everyone starts fighting about net neutrality again. These days, however, the net neutrality debate is happening at the state level, too. This week we filed an amicus brief in the Ninth Circuit, arguing that states shouldn’t be allowed to impose net neutrality rules. The only way forward for net neutrality, we contend, is for the rules to be set by Congress at the federal level. See the Internet Society’s 2019 “Framework for Consensus,” which we helped craft and still support as the outline of long-overdue federal legislation.
Big Tech. In Lawfare, Berin and Corbin respond to the arguments Justice Thomas made in a concurrence he issued last week. He argued, without the benefit of briefing, that social media could be forced, as common carriers or public accomodations, to carry speech they find objectionable. This runs contrary to what he himself has said in past cases: The First Amendment won’t permit websites to be forced to carry speech that they will be identified with. And social media sites, like newspapers and parade organizers but unlike cable or telephone networks, are held morally responsible for content on their networks. (Twitter thread.)
Citing “technical issues,” Utah’s Republican governor recently vetoed a bill that would have allowed Utahns to sue websites for moderating content, and regulated how websites must describe their content moderation decisions. The real “issue” is, of course, the First Amendment, as Berin and Ari explain in The Salt Lake Tribune. And no, the bill can’t be “fixed.”
Historian Paul Matzko joined Corbin for a new Tech Policy Podcast. Paul discussed the Fairness Doctrine — what it was, why it failed, and why it was, well, really dumb. He and Corbin had some not-so-nice things to say about those who want a “new” Fairness Doctrine for cable news or social media. But their criticisms were super “fair,” we promise.
Antitrust. Asheesh wrote a twitter thread commenting on Senator Hawley’s new “trust-busting” plan for big tech. The bill sets arbitrary criteria for banning certain mergers, untethered to consumer harm. The bill also rewrites antitrust law in a way that would give President Biden’s appointees enormous latitude — a concept that Republicans and conservatives may not want to embrace.
We’re hiring! We’re still looking for a Director of External Affairs & Communications and an antitrust lawyer (or an economist with experience litigating antitrust cases). Please spread the word to anyone you think might be interested.
Pictured, not a taco:
Don’t forget to order yours with your favorite toppings like chicken nuggets!