Academic Writing

Brief of Internet Law Professors as Amici Curiae in Support of Defendant-Appellant

Author(s): 
Barbara van Schewick
Publication Date: 
December 1, 2021
Publication Type: 
Other Writing

The district court held that New York’s Affordable Broadband Act, N.Y. Gen. Bus. Law § 399-zzzzz (“ABA”), is preempted because Congress occupied the entire field of interstate communications, stripping the states of their preexisting police power. This is a sweeping claim. If affirmed, it would invalidate vital state laws regulating areas of traditional local concern—including consumer protection, public health, and public safety. Read more about Brief of Internet Law Professors as Amici Curiae in Support of Defendant-Appellant

Brief of Amici Curiae Internet Law Professors in Support of Appellee

Author(s): 
Barbara van Schewick
Publication Date: 
May 11, 2021
Publication Type: 
Other Writing
Read more about Brief of Amici Curiae Internet Law Professors in Support of Appellee
ACA Connects, et al., Plaintiffs-Appellants, v. Rob Bonta, Defendant-Appellee
 
Plaintiffs argue SB-822 is preempted because Congress occupied the entire field of either interstate communications or interstate information services, stripping the states of their preexisting police power.
 

Setting the Record Straight: Carriers Can Help Veterans and Comply with California’s Net Neutrality Law

Author(s): 
Barbara van Schewick
Publication Date: 
March 25, 2021
Publication Type: 
Other Writing
Read more about Setting the Record Straight: Carriers Can Help Veterans and Comply with California’s Net Neutrality Law
On Wednesday, Politico reported on a leaked email from the Department of Veterans Affairs, expressing concern that California’s net neutrality law could force some wireless providers to end a program that exempted the V.A.’s telehealth app from their customers’ data caps.
 
Veterans across the country and in California shouldn’t have to worry they’ll go over their data caps by talking to their doctor or mental health provider online. In fact, no American or Californian should.
 
But California’s net neutrality law is not the problem here.

Banning Trump from Twitter and Facebook isn’t nearly enough

Author(s): 
Ryan Calo
Woodrow Hartzog
Publication Date: 
January 15, 2021
Publication Type: 
Other Writing

Social media finally pulled the plug on Donald Trump. Days after Trump incited a riot at the U.S. Capitol, Twitter permanently banned the president from its platform, and many other social media companies like Facebook, YouTube and Snapchat suspended Trump’s accounts as well.

Read full article Read more about Banning Trump from Twitter and Facebook isn’t nearly enough

The FTC Zoom Case: Does the FTC Need a New Approach?

Author(s): 
Woodrow Hartzog
Publication Date: 
November 10, 2020
Publication Type: 
Other Writing

It was inevitable. On Monday, Zoom joined an exclusive club of tech companies – Facebook, LinkedIn, Twitter, Microsoft, Google, Uber, Snap, and more. This club involves companies that have been under a Federal Trade Commission (FTC) consent decree. In a weird sense, for tech companies, being enforced against by the FTC for a privacy or security violation has become an initiation ritual to being recognized in the pantheon of the tech company big leagues. Read more about The FTC Zoom Case: Does the FTC Need a New Approach?

Are We Already Living in a Tech Dystopia?

Author(s): 
Albert Gidari
Publication Date: 
August 26, 2020
Publication Type: 
Other Writing

People should no more believe in dystopia than utopia. The fact is that technology has changed the world for so many for so long for the better—from reduction of disease to extending life to increased food and health—that to dismiss those gains is just know-nothingism. As with all technological advances, not everyone shares equally in the gains or benefits in the same way, and some may even experience disproportionately negative impacts, but that does not diminish the overall societal value of the advancements. Read more about Are We Already Living in a Tech Dystopia?

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