Fear is an extremely powerful motivating force, especially in public policy debates where it is used in an attempt to sway opinion or bolster the case for action. Often, this action involves preemptive regulation based on false assumptions and evidence. Such fears are frequently on display in...

This article argues that benefit-cost analysis ("BCA") is extremely challenging in online child safety and digital privacy debates, yet it remains essential that analysts and policymakers attempt to conduct such reviews. While we will never be able to perfectly determine either the benefits or...

Traditional governance mechanisms are being strained by modern technological and political realities. Newer technologies, especially digital ones, are developing at an ever-faster rate and building on top of each other, blurring lines between sectors.Congress has failed to keep up with the...

A potential avalanche of “algorithmic fairness” regulations is looming that, if triggered, would thunder through our economy with one of the most significant expansions of economic and social regulation – and the power of the administrative state – in recent history. Federal and state...

This paper argues that the sharing economy — through the use of the Internet and real time reputational feedback mechanisms — is providing a solution to the “lemons problem” that many regulations, and regulators, have spent decades attempting to overcome. Section I provides an overview...