The U.S. federal government has brought major antitrust cases against Microsoft and Google. Regulators likely don’t expect to win either case outright, but the government doesn’t need to win these cases for them to have an impact. For one, an aggressive litigation strategy can provide a...

With over a dozen bills pending in both the U.S. and E.U. to "solve" the privacy crisis, perhaps it's time to take a step back and ask some fundamental questions about information management in the age of big data. Why does "private" information evoke visceral policy responses? Is there a...

This article offers a critical reading of the Federal Communications Commission’s December 23, 2010 Report and Order entitled “Preserving the Open Internet.” In the end, the agency failed to produce any evidence of a need for regulatory intervention to “preserve” this robust ecosystem....

Some of the most significant transactions singled out recently for intensive federal review involve the communications industry. Unfortunately, communications providers face serious and potentially fatal problems of supply. Radio spectrum -- the chief input and most severe constraint on the...

Information in digital form transforms from a rivalrous to a non-rivalrous good, with profoundly different and counter-intuitive economic properties. This essay reviews five key features of digital goods: renewability, universality, magnetism, friction-free transfer, and vulnerability....

The Internet of Things is at risk of becoming a victim of its own popularity. Today, the IoT market is generating $200 billion in revenue, a number expected to triple in the next 10 years. But a rush to market by developers of consumer IoT products and services has been accompanied by shortcuts...

As the pace of technological-based disruption across industries accelerates, static models of regulatory analysis and decision-making become increasingly counter-productive. This article proposes a more pragmatic, "results-based regulation" framework and applies it to what has become the most...

As the EU begins the long and painful process of reversing two decades of interventionist policies that failed to promote either broadband investment, competition or adoption, the experience of the largely deregulated U.S. market provides a natural comparison. This article looks at the widely...