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Articles by Jack Malamud
Around the halls: After Chevron, what’s next?
On June 28, the Supreme Court of the United States (SCOTUS) handed down its decision in Loper Bright Enterprises v. Raimondo, ending four decades of “Chevron deference” and imperiling the regulatory state as we know it. The doctrine in question is the result of Chevron U.S.A. v. NRDC (1984), in which the Court held that, where statutory ambiguities exist, federal judges must generally defer to the interpretation of regulating agencies.
Europe needs competition, not national champions
In recent years, European leaders have increasingly debated whether competition enforcement should give way to industrial policy. A growing number of politicians argue that Europe should favor creating European “national champions” over enforcing the European Union’s (EU) competition laws. This, they say, is the only way to reinvigorate the European economy and challenge American and Chinese behemoths on the world stage.
How Congress can secure Biden's AI legacy
Over the last year and a half, we have seen a flurry of activity around regulating artificial intelligence (AI). OpenAI’s release of ChatGPT, a generative AI-powered chatbot, brought the debate about AI regulation further into public view in the last year, increasing the urgency for governments in the United States and abroad to prescribe guardrails for existing and emerging technologies. Other providers offering products that incorporate generative AI tools quickly joined the market.
The FCC’s clock is ticking on defining digital discrimination
In the Infrastructure Investment and Jobs Act, Congress tasked the Federal Communications Commission to “take steps to ensure that all people of the United States benefit from equal access to broadband internet access within the service area of a provider of such service.” In the statute, the term “equal access” refers to “equal opportunity to subscribe to an offered service that provides comparable speeds, capacities, latency, and other quality of service metrics in a given area, for...
The FCC's clock is ticking on defining digital discrimination
In November 2021, when Congress approved $65 billion dollars for the expansion of high-speed broadband networks as part of the Infrastructure Investment and Jobs Act (IIJA), it tasked the Federal Communications Commission (FCC) to “take steps to ensure that all people of the United States benefit from equal access to broadband internet access within the service area of a provider of such service.” In the statute, the term “equal access” refers to “equal opportunity to subscribe to an offered...
Reinstating the FCC’s auction authority could save the Affordable Connectivity Program
The Federal Communications Commission celebrated a milestone in the Affordable Connectivity Program (ACP). By mid-August 2023, 20 million eligible families had enrolled and benefitted from the program across all 50 states—a stellar accomplishment for the FCC-administered affordability program. However, the $14.2 billion allocated to the ACP program is projected to run out by mid-2024.
Reinstating the FCC's auction authority could save the Affordable Connectivity Program
This month, the Federal Communications Commission (FCC) celebrated a milestone in the Affordable Connectivity Program (ACP), which provides a monthly discount on broadband service to eligible Americans, as well as a one-time subsidy toward an internet-enabled device. By mid-August 2023, 20 million eligible families had enrolled and benefitted from the program across all 50 states—a stellar accomplishment for the FCC-administered affordability program.
Workforce development is a crucial part of digital equity
As the National Telecommunications and Information Administration (NTIA) prepares to release the first tranche of state allocations of broadband funds in 2023, one of the statutory requirements mandates workforce development as an important program outcome, especially in the rebuilding and expanding of national infrastructure.
Workforce development is a crucial part of digital equity
As the National Telecommunications and Information Administration (NTIA) prepares to release the first tranche of state allocations of broadband funds in 2023, one of the statutory requirements mandates workforce development as an important program outcome, especially in the rebuilding and expanding of national infrastructure.
Workforce development is a crucial part of digital equity
As the National Telecommunications and Information Administration (NTIA) prepares to release the first tranche of state allocations of broadband funds in 2023, one of the statutory requirements mandates workforce development as an important program outcome, especially in the rebuilding and expanding of national infrastructure.
Senate hearing highlights AI harms and need for tougher regulation
Yesterday’s testimony by Open AI’s CEO Sam Altman at the Senate Judiciary Subcommittee on Privacy, Technology, and the Law shows the importance of generative artificial intelligence (AI) and the sensitivity surrounding its development. Along with tools launched by other firms, ChatGPT has democratized technology by bringing tremendous computing power to search, data analysis, video and audio generation, software development, and many other areas.
Artificial intelligence is another reason for a new digital agency
The torrid pace of artificial intelligence (AI) developments contrasts with the torpid processes for protecting the public interest impacted by the technology. Private and government oversight systems that were developed to deal with the industrial revolution are no match for the AI revolution. AI oversight requires a methodology that is as revolutionary as the technology itself.
WEIRD AI: Understanding what nations include in their artificial intelligence plans
In 2021 and 2022, the authors published a series of articles on how different countries are implementing their national artificial intelligence (AI) strategies. In these articles, we examined how different countries view AI and looked at their plans for evidence to support their goals.
How California and other states are tackling AI legislation
Last week, California State Assemblymember Rebecca Bauer-Kahan introduced a bill to combat algorithmic discrimination in the use of automated tools that make consequential decisions. And California is not alone—a new wave of state legislation is taking on artificial intelligence (AI) regulation, raising key questions about how best to design and implement these laws.
AI inventions: Policy options and a path forward
The question of how to handle AI inventions from a policy perspective is particularly timely given the extraordinary recent advances in AI. AI inventions can be defined as “inventions for which an AI system has contributed to the conception in a manner that, if the AI system were a person, would lead to that person being named as an inventor.” (This is my own definition, not a formalized legal definition).
NIST’s AI Risk Management Framework plants a flag in the AI debate
The National Institute of Standards & Technology (NIST) issued Version 1.0 of its Artificial Intelligence Risk Management Framework (AI RMF) on January 26, 2023 – a multi-tool for organizations to design and manage trustworthy and responsible artificial intelligence (AI).
Big Tech giving European consumers what they deny Americans
“Tech companies have built a perfect record so far in blocking major legislation in Congress,” The Wall Street Journal observed as the final effort to pass tech-related regulation failed in the closing days of the 117th Congress. However, the same companies that spend lavishly to oppose American consumer protection efforts are buckling under as European Union (EU) rules prepare to be phased in between now and 2024.
U.K. government purges “legal but harmful” provisions from its revised Online Safety Bill
On November 28, the U.K. government announced major changes to its Online Safety Bill. The legislation has languished in Parliament since June, and the changes are intended to smooth its forward passage. The proposed draft amendments, released two days later, demonstrate just how difficult it is for governments to regulate harmful online content, even in a nation where free speech protections are more limited than the First Amendment.
Opportunities and blind spots in the White House’s blueprint for an AI Bill of Rights
In October 2022, the White House Office of Science and Technology Policy (OSTP) published a Blueprint for an AI Bill of Rights (“Blueprint”), which shared a nonbinding roadmap for the responsible use of artificial intelligence (AI). The comprehensive document identified five core principles to guide and govern the effective development and implementation of AI systems with particular attention to the unintended consequences of civil and human rights abuses.
An ‘F’ for College Admissions
The American college application system is fundamentally broken. For months, and sometimes even years, applicants labor over strategies, compile college lists, tabulate expenses, attend info sessions, and rewrite essays until words lose their meaning, all in preparation for the unbearably stressful day that decisions are released.
First in the Nation: How the Presidential Primary Calendar Prioritizes White Voters
As caucuses in Iowa closed on February 3rd, Americans waited with bated breath to learn which Democratic candidates will have an early advantage in the party’s primary contest. The election was already fraught with uncertainty; just two days earlier, the Des Moines Register had canceled the release of their Iowa Poll for the first time in 76 years after Pete Buttigieg’s campaign raised concerns about some candidates being left out of interview questions.
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