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12 Feb 2024, 6:00 am by Daniel J. Gilman
  My International Center for Law & Economics (ICLE) colleague Kristian Stout (rightfully) criticizes both the NIST framework and the FTC’s cheerleading. [read post]
9 Feb 2024, 5:00 am by Alden Abbott
Recently, Kristian Stout excoriated the Federal Trade Commission’s (FTC) Feb. 6 comment to NIST that the “march-in” rights provision under the Bayh-Dole Act authorizes the government to impose price controls on patents developed through federally funded research. [read post]
28 Sep 2023, 5:14 am by Eric Fruits
(emphasis added) Geoffrey Manne, Kristian Stout, and Ben Sperry point out that rate regulation is one of the defining features of most Title II services. [read post]
27 Sep 2023, 9:29 am by Alden Abbott
As Manne and Kristian Stout have argued: Granting retailers access to Amazon’s platform on artificially favorable terms is no more justifiable than granting them access to a supermarket end cap, or a particular unit at a shopping mall. [read post]
19 Sep 2023, 11:08 am by Eric Fruits
The Affordable Connectivity Program: ‘Good Enough’ to Keep Funding In a new International Center for Law & Economics (ICLE) issue brief, Kristian Stout and I examine the $14 billion Affordable Connectivity Program (ACP) and consumer broadband subsidies more broadly. [read post]
8 Sep 2023, 4:50 am by Eric Fruits
Today, net neutrality appears to be a solution in search of a problem, as my International Center for Law & Economics colleagues Geoffrey Manne, Kristian Stout, and Ben Sperry have noted: History has, by now, definitively demonstrated that the FCC’s January 2018 repeal of the Open Internet Order didn’t produce the parade of horribles that net-neutrality advocates predicted. [read post]
6 Sep 2023, 2:35 pm by Ben Sperry
Similarly, Geoffrey Manne, Kristian Stout, and I proposed in our paper, “Who Moderates the Moderators? [read post]
18 Aug 2023, 1:09 pm by Daniel J. Gilman
In formal ICLE comments to the FTC, my colleagues Geoff Manne, Kristian Stout, and I observed that the ANPR appeared to define “commercial surveillance” as a “new term of art,” and one “potentially encompassing any commercial use of data that is—in some sense unspecified in the ANPR—‘consumer data,’ together with the also undefined ‘direct derivatives of that information. [read post]
16 Aug 2023, 1:06 pm by Ben Sperry
In our recent issue brief, Geoffrey Manne, Kristian Stout, and I considered the antitrust economics of state-owned enterprises—specifically the local power companies (LPCs) that are government-owned under the authority of the Tennessee Valley Authority (TVA). [read post]
11 Aug 2023, 7:44 am by Eric Fruits
BEAD funding: All-of-the-above vs. fiber-above-all In May, my International Center for Law & Economics (ICLE) colleague Kristian Stout cautioned that states might squander BEAD funds if they stick to a “fiber-above-all” approach to broadband deployment: For example, while BEAD is supposed to adhere to the principle of technological neutrality, the NTIA’s funding sheet shows a clear preference for fiber over wireless and satellite providers. [read post]
3 Aug 2023, 11:04 am by Lazar Radic and Geoffrey Manne
The Federal Trade Commission (FTC) is reportedly poised some time within the next month to file a major antitrust lawsuit against Amazon—the biggest yet against the company and the latest in a long string of cases targeting U.S. tech firms (see, for example, here and here). [read post]
2 Aug 2023, 12:54 pm by Ben Sperry
  Together with my International Center for Law & Economics (ICLE) colleagues Geoffrey Manne and Kristian Stout—respectively, ICLE’s president and director of innovation policy—we examine these issues in a newly published ICLE issue brief. [read post]
4 Jul 2023, 8:25 am by Mikolaj Barczentewicz
Setting that aside, even if only applicable to third-party data, the court’s approach is open to criticism of the kind that Kristian Stout and I leveled against the EDPB’s approach: This stilted view of what counts as a “service” completely fails to acknowledge that “necessary” must mean more than merely technologically possible. [read post]
9 Jun 2023, 1:25 pm by Eric Fruits
Kristian Stout and I wrote last year here at Truth on the Market that “the auctioning of licenses provides revenues for the government, reducing pressures to increase taxes or cut spending. [read post]
24 May 2023, 1:13 pm by Ben Sperry
Taamneh, Geoffrey Manne, Kristian Stout, and I spilled a lot of ink thinking through the law & economics of intermediary liability and how to draw lines when it comes to social-media companies’ responsibility to prevent online harms stemming from illegal conduct on their platforms. [read post]
1 Feb 2023, 5:00 am by Ben Sperry
Supreme Court for oral arguments Feb. 21, Kristian Stout and I argued that, while the U.S. [read post]
15 Oct 2022, 9:15 am by Alec Pronk
Congress passed Section 512 as part of the Digital Millennium Copyright Act (DMCA), and authors Kristian Stout and Geoffrey Manne argue the federal courts have written out key provisions in the law. [read post]
15 Oct 2022, 9:15 am by Alec Pronk
Congress passed Section 512 as part of the Digital Millennium Copyright Act (DMCA), and authors Kristian Stout and Geoffrey Manne argue the federal courts have written out key provisions in the law. [read post]