Why the FTC Can’t Make Competition Rules
Plus Texas AI legislation, the National Space Council, and more…
Litigation: Corbin filed an amicus brief urging the Eleventh Circuit to uphold an order blocking the FTC rule on noncompete agreements, arguing the Commission is “discovering” authority through a cynical and ahistorical reading of the FTC Act. The brief was quoted in Law360 (paywall).
TRAIGA: On Substack, Andy analyzed how the Texas Responsible AI Governance Act (TRAIGA) would apply to and burden the Stargate Project, undermining Texas's goal to lead in AI development.
Space: In SpaceNews, Jim explained why it’s critical for the White House to continue the National Space Council (NSC), as the best way the new administration can guide the development of space regulations, prevent agencies from overstepping their authority, and foster bipartisan support.
Privacy: On the latest Tech Policy Podcast, Orin Kerr, professor at Stanford Law, discussed his new book, “The Digital Fourth Amendment: Privacy and Policing in Our Online World.”
Antitrust: On a new Rethinking Antitrust, Senior Circuit Judge Douglas Ginsburg, a key figure in drafting the U.S. v. Microsoft opinion, spoke with Bilal about that case and several other topics on antitrust law and the tech industry.
AI: Andy posted a live-thread of the National Artificial Intelligence Advisory Committee’s (NAIAC) monthly meeting. The Committee voted unanimously to release a report with AI policy recommendations for the current administration.
Broadband: In TechNewsWorld, Jim explained how the Broadband Equity, Access, and Deployment (BEAD) program can’t possibly close the digital divide, given the sharply rising costs of deployment since its inception, and the program’s clear preference for deploying fiber first; the program surely will run out of money before broadband reaches the most rural areas.
The FTC isn’t a second national legislature!