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Articles by Kirk Arner
Don't Renew the FCC's Failed COVID Subsidy
Congress is considering new, non-emergency spending programs that would exacerbate the federal deficit. Some of these programs have a demonstrable history of not working as intended or espoused. Consider the Affordable Connectivity Program (ACP). The program is scheduled to end soon. With the support of the White House, a $7 billion spending bill has been introduced in the Senate to provide additional funding for ACP through the end of the year.
Feds should be funding teaching, not TikTok Original
To borrow a phrase from 1990s punk rock, the kids are not alright. After being forced to live and learn remotely for nearly three years, the “COVID generation,” as it’s now referred to, continues to struggle. Students today are easily distracted and chronically absent. Math, reading, and history test scores are at their lowest point in decades. The average ACT score has just hit a 30-year low. In addition, teen eating disorders are at record levels.
OPINION: Feds should be funding teaching, not TikTok
To borrow a phrase from 1990s punk rock, the kids are not all right. After being forced to live and learn remotely for nearly three years, the “COVID generation,” as it’s now referred to, continues to struggle. Students today are easily distracted and chronically absent. Math, reading and history test scores are at their lowest point in decades. The average ACT score has just hit a 30-year low. In addition, teen eating disorders are at record levels.
How Twitter Can Realize Enormous Potential
How Twitter Can Realize Enormous Potential Elon Musk finally pulled the trigger on Twitter, paying $44 billion for the company. As we previously wrote, we thought he would. The past several months of negotiations over the purchase have been marred by endless bickering over price. Did Musk want to own Twitter? Yes. Was he paying too much? Perhaps. Read Full Article »
How Twitter Can Realize Its Vast Potential
Elon Musk finally pulled the trigger on Twitter, paying $44 billion for the company. As we previously wrote, we thought he would. The past several months of negotiations over the purchase have been marred by endless bickering over price. Did Musk want to own Twitter? Yes. Was he paying too much? Perhaps.
The Kids Online Safety Act Would Be Harmful to Kids
Few groups garner more attention today than children online. For education, entertainment, and so much more, children’s access to the Internet is more important than ever before. To that end, the Federal Communications Commission, along with other government agencies, spends billions of dollars annually to ensure that every American classroom, and nearly every American home, has Internet access.
The Kids Online Safety Act Would Be Harmful to Kids
Few groups garner more attention today than children online. For education, entertainment, and so much more, children’s access to the Internet is more important than ever before. To that end, the Federal Communications Commission, along with other government agencies, spends billions of dollars annually to ensure that every American classroom, and nearly every American home, has Internet access.
Kids Online Safety Act Would Harm Kids, 'Net
Few groups garner more attention today than children online. For education, entertainment, and so much more, children’s access to the Internet is more important than ever before. To that end, the Federal Communications Commission, along with other government agencies, spends billions of dollars annually to ensure that every American classroom, and nearly every American home, has Internet access. Read Full Article »
Good Riddance To the Disinformation Board
After three short weeks, the Department of Homeland Security recently “paused” the operations of its “Disinformation Governance Board.” Its head, Nina Jankowicz, resigned virtually simultaneously from DHS, all but sealing the Board’s fate. Good riddance. The federal government routinely establishes boards and advisory groups of all kinds. Few people pay attention to them. But DHS’s Disinformation Governance Board was different.
Good Riddance To the Disinformation Board
After three short weeks, the Department of Homeland Security recently “paused” the operations of its “Disinformation Governance Board.” Its head, Nina Jankowicz, resigned virtually simultaneously from DHS, all but sealing the Board’s fate. Good riddance. The federal government routinely establishes boards and advisory groups of all kinds. Few people pay attention to them. But DHS’s Disinformation Governance Board was different.
Is Twitter a Good Buy at $44 Billion?
Elon Musk is both the world’s richest person and one of society’s mostly visibly eccentric figures. As a result, his acquisition of Twitter has captured national intrigue in recent days. On all sides of the cultural divide, much has been made about how Musk’s purchase might affect online speech.
Targeting Putin’s Kleptocracy: A Strategic US Approach During Russia’s Invasion of Ukraine
Russian President Vladimir Putin visits the National Space Centre construction site in Moscow on February 27, 2022. (Photo by Sergei Guneyev / Sputnik/ AFP Russian President Vladimir Putin visits the National Space Centre construction site in Moscow on February 27, 2022. (Photo by Sergei Guneyev / Sputnik/ AFP The invasion of Ukraine has revived interest in Russia’s kleptocratic governance model as a source of potential leverage to deter and punish Vladimir Putin.
Amicus Brief of Harold Furchtgott-Roth and Kirk Arner in Support of Petition for Rehearing
View Full Brief Introduction and Summary of Argument In their short lifespan, the Internet and the broadband services that connect Americans to it have transformed how we live our lives. The Internet’s profound power comes from the fact that it is a single, unified national and international network that respects no boundaries—save for those of foreign autocrats. Thus, the very idea of an “intrastate” broadband service is a logical and practical nullity.
California's Net Neutrality Law Is Unconstitutional
Imagine a world in which a single state could override federal law nationwide. That’s exactly what California did in 2018 with its “net neutrality” law. The Ninth Circuit—unsurprisingly, yet nevertheless breathtakingly—upheld the law in a recent ruling. The Supreme Court must review and reverse this decision as unconstitutional under the Commerce Clause. In 2015, the FCC enacted so-called “net neutrality” rules that prohibited certain business activities by broadband providers.
California Net Neutrality Law Unconstitutional
Imagine a world in which a single state could override federal law nationwide. That’s exactly what California did in 2018 with its “net neutrality” law. The Ninth Circuit—unsurprisingly, yet nevertheless breathtakingly—upheld the law in a recent ruling. The Supreme Court must review and reverse this decision as unconstitutional under the Commerce Clause. In 2015, the FCC enacted so-called “net neutrality” rules that prohibited certain business activities by broadband providers.
When Corporations Volunteer In Washington, Watch Out
AP Photo/Mark Lennihan, File In recent weeks, AT&T and Verizon have repeatedly “volunteered” to delay the use of parts of their new 5G wireless networks. “Volunteering” for one’s country can be noble, if not downright heroic. Most all war movies confirm this. But corporate “volunteering” under duress from government agencies is another matter altogether. When a corporation says that it is “volunteering” to take a certain action, it’s rarely because shareholders or customers demand it.
When Corporations 'Volunteer' In Washington, Watch Your Wallet
In recent weeks, AT&T and Verizon have repeatedly “volunteered” to delay the use of parts of their new 5G wireless networks. “Volunteering” for one’s country can be noble, if not downright heroic. Most all war movies confirm this. But corporate “volunteering” under duress from government agencies is another matter altogether. When a corporation says that it is “volunteering” to take a certain action, it’s rarely because shareholders or customers demand it.
A Harmful Step for the Internet In Korea
Trouble is brewing for Korean Internet users. Government officials are actively considering legislation that would allow local Internet service providers to effectively inflict a tax—so-called “network usage fees”—on “global platforms” in order for their content to reach Korean consumers. This follows litigation by SK Broadband to require similar payments from Netflix, whose content apparently accounts for a large share of Korean broadband use.
A Harmful Step for the Internet In Korea
Trouble is brewing for Korean Internet users. Government officials are actively considering legislation that would allow local Internet service providers to effectively inflict a tax—so-called “network usage fees”—on “global platforms” in order for their content to reach Korean consumers. This follows litigation by SK Broadband to require similar payments from Netflix, whose content apparently accounts for a large share of Korean broadband use.
Harmful Step for Internet In Korea
Trouble is brewing for Korean Internet users. Government officials are actively considering legislation that would allow local Internet service providers to effectively inflict a tax—so-called “network usage fees”—on “global platforms” in order for their content to reach Korean consumers. This follows litigation by SK Broadband to require similar payments from Netflix, whose content apparently accounts for a large share of Korean broadband use.
Remember 'Net Neutrality'? It's Back.
Remember “net neutrality”? It’s back. The tech policy debate that just won’t die is soon poised to steal the spotlight once more. That’s because after 9 months of deliberation, the Biden administration has finally chosen its nominees for the Federal Communications Commission: Jessica Rosenworcel for permanent chair and Gigi Sohn for commissioner. If confirmed by the Senate, the two would return the Commission to 3-2 Democratic control for the first time in nearly 5 years.
The Surprising Success of a Seemingly Doomed-to-Fail FCC Auction
Yet another spectrum auction is soon wrapping up at the Federal Communications Commission. This particular auction, known as Auction 110, has emerged as a surprise success, garnering estimated revenues of around $21 billion. But this success was not guaranteed. In fact, in many ways, Auction 110 seemed almost purposefully engineered to fail.
A Doomed-to-Fail FCC Auction Succeeds
AP Photo/Andrew Harnik, File Yet another spectrum auction is soon wrapping up at the Federal Communications Commission. This particular auction, known as Auction 110, has emerged as a surprise success, garnering estimated revenues of around $21 billion. But this success was not guaranteed. In fact, in many ways, Auction 110 seemed almost purposefully engineered to fail. In all, Auction 110 faced six main headwinds: Read Full Article »
The Harmful Death of Modern Merger Review
It’s time to begin writing an obituary for modern merger review at the Federal Trade Commission. This isn’t the result of major legislative action. It isn’t courtesy of President Biden’s executive order “on competition.” Nor is it because of an official change in policy approved by the full Commission—although there’s been much of thatlately. Instead, it comes in the form of a seemingly benign blog post on the Federal Trade Commission’s website.
Bezos, Branson and the Vikings
A statue of Norse explorer Leif Erikson in Reykjavik, Iceland (Corbis via Getty Images) (Corbis via Getty Images) Richard Branson’s and Jeff Bezos ’ ventures into space tapped into a perennial fascination with manned space travel that dates back to the Apollo moon program in the 1960s and ’70s and even to the 19th-century novels of Jules Verne. But as a historian of globalization and technology, I think in centuries.
Market Principles for Better Broadband Legislation
Americans proved resilient during the COVID pandemic, in major part because of American broadband. In most areas of the country, American broadband is fast, reliable, competitive, privately-provided, and affordable. And thanks to American broadband, millions of Americans were able to continue to work, attend classes, receive medical attention, shop for necessities, and communicate with loved ones in ways that were unimaginable just a few years ago—and are still unimaginable in most of the world.
President Biden Sadly Wants to Revive 'Net Neutrality'
Much has been made about “the big lie” in contemporary politics. But what about tech policy? Remember when the FCC’s 2017 repeal of “net neutrality” rules was going to make the Internet load “one word at a time?” When it was going to “destroy everything that makes the internet [sic] great?” When it was on a path to hasten the death of the Internet? These and more were the prognostications of countless “net neutrality” proponents at the time.
Opinion | End Comment Fraud at the Cost of a Stamp
By Kirk R. Arner and Harold Furchtgott-Roth May 13, 2021 6:19 pm ET The Federal Communications Commission headquarters in Washington, Nov. 10, 2014. Photo: Andrew Harrer/Bloomberg News The New York Attorney General’s office announced an astonishing finding on May 6. Of the more than 22 million comments filed in response to the Federal Communication Commission’s hotly contested 2017 “net neutrality” repeal, nearly 18 million were fraudulent.
English Language Prevails at Supreme Court
Does the phrase “permanent injunction” actually mean “monetary damages?” No, it doesn’t. The Supreme Court unanimously ruled as much in a recent victory for both the rule of law and the English language. The case before the Court involved §13(b) of the Federal Trade Commission Act.
English Language the Winner at SCOTUS
Does the phrase “permanent injunction” actually mean “monetary damages?” No, it doesn’t. The Supreme Court unanimously ruled as much in a recent victory for both the rule of law and the English language. The case before the Court involved §13(b) of the Federal Trade Commission Act.
How to Prevent the Next Vaccine Famine
“Psst…do you know where to get a COVID vaccine?” For the past few months, this question has been asked repeatedly, and urgently, by tens of millions of Americans, many of whom are resorting to the services of volunteers to navigate convoluted websites in the middle of the night. Yet at the same time, millions of Americans who are eligible for vaccines have simply refused them, with countless doses routinely ending up in the trash.
How to Prevent the Next Vaccine Famine
(Darryl Dyck/The Canadian Press via AP) “Psst…do you know where to get a COVID vaccine?” For the past few months, this question has been asked repeatedly, and urgently, by tens of millions of Americans, many of whom are resorting to the services of volunteers to navigate convoluted websites in the middle of the night. Yet at the same time, millions of Americans who are eligible for vaccines have simply refused them, with countless doses routinely ending up in the trash.
Let Markets, Not Government, Dictate News Coverage
In George Orwell’s 1984, Big Brother government held monopolies on truth and morality. Bureaucrats at a literal Ministry of Truth systematically altered and destroyed historical documents in order to make them comport with the government’s current agenda. Disapproved ideas—particularly ideas that posed a threat to government orthodoxy—were incinerated in “memory holes.” All that remained were accounts of history pre-approved by the government.
Let Market, Not Government, Dictate News Coverage
Kirk Arner RealClearMarkets April 5, 2021 In George Orwell’s 1984, Big Brother government held monopolies on truth and morality. Bureaucrats at a literal Ministry of Truth systematically altered and destroyed historical documents in order to make them comport with the government’s current agenda. Disapproved ideas—particularly ideas that posed a threat to government orthodoxy—were incinerated in “memory holes.” All that remained were accounts of history pre-approved by the government.
Define 'Net Neutrality,' Then Write Rules
On the campaign trail, the Biden campaign voiced its support for network neutrality—“net neutrality” for short. The topic has resurfaced in recent weeks and months thanks to a few key events. These include the appointment of a new acting FCC chairwoman, the DOJ dropping a lawsuit against the state of California, and Biden’s choice of Tim Wu, the so-called “father of net neutrality,” for a National Economic Council role. How exactly will the Biden administration act on the issue of net neutrality?
Define Net Neutrality, Then Write the Rules
On the campaign trail, the Biden campaign voiced its support for network neutrality—“net neutrality” for short. The topic has resurfaced in recent weeks and months thanks to a few key events. These include the appointment of a new acting FCC chairwoman, the DOJ dropping a lawsuit against the state of California, and Biden’s choice of Tim Wu, the so-called “father of net neutrality,” for a National Economic Council role. How exactly will the Biden administration act on the issue of net neutrality?
Why Is TikTok Targeting MLMs?
Last year, TikTok became the first major social media platform to completely ban multi-level marketing, or “MLM,” content on its platform. TikTok did this quietly and with little fanfare, via a regular periodic update to its “Community Guidelines.” The company’s blog post announcing this update made no mention of MLMs or related business models.
Why Is TikTok Targeting the MLMs?
Last year, TikTok became the first major social media platform to completely ban multi-level marketing, or “MLM,” content on its platform. TikTok did this quietly and with little fanfare, via a regular periodic update to its “Community Guidelines.” The company’s blog post announcing this update made no mention of MLMs or related business models.
Section 230 Will Soon Turn 25. May It Reach 50
Soon, America will celebrate the 25th anniversary of the Telecommunications Act of 1996. That year is a distant memory for those in the communications technology world. But thanks to recent discourse, many question whether there will even be another anniversary for the 1996 law. In 1996, the Internet was in its infancy, and so too were wireless services. As for social media, forget Twitter or TikTok; MySpace and even AOL Instant Messenger were but glimmers in their founders’ eyes.
Section 230 Turns 25. May It Reach 50
Soon, America will celebrate the 25th anniversary of the Telecommunications Act of 1996. That year is a distant memory for those in the communications technology world. But thanks to recent discourse, many question whether there will even be another anniversary for the 1996 law. In 1996, the Internet was in its infancy, and so too were wireless services. As for social media, forget Twitter or TikTok; MySpace and even AOL Instant Messenger were but glimmers in their founders’ eyes.
No Encouraging FTC's Section 13(b) Abuses
AP Photo/Alex Brandon, File Congress is considering whether to amend the Federal Trade Commission’s authority under Section 13(b) of the Federal Trade Commission Act. The answer is clearly “No.” Here’s why. Imagine you’re in your car, driving down the road. Suddenly, you’re pulled over by a police officer, who issues you a ticket. You ask the officer what law you broke. He can’t name one; he simply says you were driving too dangerously.
Congress Shouldn't Encourage the FTC's Section 13(b) Abuses
Congress is considering whether to amend the Federal Trade Commission’s authority under Section 13(b) of the Federal Trade Commission Act. The answer is clearly “No.” Here’s why. Imagine you’re in your car, driving down the road. Suddenly, you’re pulled over by a police officer, who issues you a ticket. You ask the officer what law you broke. He can’t name one; he simply says you were driving too dangerously.
How Would Big Tech Fare Under Biden?
Despite ongoing legal battles,it’s becoming increasingly likely that former Vice President Joe Biden will winthe 2020 U.S. presidential election. Once the page on this election is turned, and the race is behind us, the question must be asked: how would Biden actually govern America? And for those interested in technology policy, how would “big tech” fare under Biden? In short, it’s entirely unclear. Despite being one of the leading issues of our time, big tech is nottheleading concern of the day.
How Would Big Tech Fare Under Joe Biden?
(AP Photo/Pablo Martinez Monsivais, Evan Vucci, Jeff Chiu, Jens Despite ongoing legal battles,it’s becoming increasingly likely that former Vice President Joe Biden will winthe 2020 U.S. presidential election. Once the page on this election is turned, and the race is behind us, the question must be asked: how would Biden actually govern America? And for those interested in technology policy, how would “big tech” fare under Biden? Read Full Article »
Twitter, Facebook and Inconvenient Truths
Section 230 and cries of anti-conservative bias online are in the news again.In the immortal words of Yogi Berra, it’s déjà vu all over again.Only this time, things are a little different.
Twitter, Facebook, and Some Inconvenient Truths
Section 230 and cries of anti-conservative bias online are in the news again.In the immortal words of Yogi Berra, it’s déjà vu all over again.Only this time, things are a little different.
Let Markets Solve the Political Censorship Problem
You’d think we’re living in a dystopian novel: news sites are blocked,politicians are preventedfrom reaching constituents, speech is arbitrarily labeled as “false,” and historyis“forgotten.” But this isn’t Orwell’s Airstrip One in1984. It’s America in 2020. You don’t need to be a conspiracy theorist to see this in action.
Let Markets Fix Political Censorship
AP Photo/Marcio Jose Sanchez, File You’d think we’re living in a dystopian novel: news sites are blocked,politicians are preventedfrom reaching constituents, speech is arbitrarily labeled as “false,” and historyis“forgotten.” But this isn’t Orwell’s Airstrip One in1984. It’s America in 2020. You don’t need to be a conspiracy theorist to see this in action.
Streaming Soaring, and Incumbent Strangling
The COVID-19 pandemic has forced millions of Americans to work and learn from home. The same goes for entertainment. Without movie theaters, concerts, and live sporting events to attend, Americans have been consuming more content at home than ever before, including videogames, broadcast TV, cable TV, and of course, Internet video. Among video services, the greatest growth during the pandemic has been for over-the-top, or “OTT” streaming services.
If Congress Errs, Twitter Will Only Be the Beginning
Recently, hackers launched what appears to have beena coordinated phishing attack targeting Twitter employees.Within hours, the hackers gained control of the accounts of 130 prominent users, including Elon Musk, former President Barack Obama, and presidential candidate Joe Biden.Save forapparent heightened security protocols reserved exclusively for him, President Trump’s account might have been compromised too.Given the president’s penchant for makingpolicyanddiplomaticpronouncementsvia...
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