Issues

Privacy’s Constitutional Moment and the Limits of Data Protection

The United States Congress must decide whether to enact a national privacy law like Europe’s General Data Protection Regulation (GDPR). But GDPR-style rules fail to protect against many harms of data overuse.

Artificial Intelligence, Economics, and Industrial Organization

Deployment of artificial Intelligence (AI) and machine learning (ML) systems will affect the size and choices of firms that provide or use AI services. Economists consider the effects of AI on pricing, firm size, competition, privacy, and security.

Platforms and Ecosystems: Enabling the Digital Economy

Digital platforms alter the structure of markets and create complex business ecosystems. Platforms challenge traditional methods of management and regulation.

Antisocial Media: How Facebook Disconnects Us and Undermines Democracy

Facebook and other tech firms have failed to filter out racism and other harmful ideas from the public sphere and encourage people to express themselves in shallow ways. The idea that the Internet would lead to more freedom and more competition was a myth.

Auctions versus Posted Prices in Online Markets

When eBay first became popular, most sellers listed goods for sale in an auction format. Over time, posted prices began to predominate. Sellers were influenced by two factors, growing competition between sellers, and buyers’ preference for the convenience of posted prices.

Why Incentives For "Patent Holdout" Threaten to Dismantle FRAND, And Why It Matters

Some favor manufacturers over innovators in disputes over licensing terms for standard-essential patents (SEPs). But manufacturers and innovators should receive reciprocal benefits from their commitment to licensing the SEPs. Manufacturers have a duty to negotiate in good faith.

The Missing Role of Economics in FTC Privacy Policy

Privacy regulation restricts information flows, the lifeblood of the digital economy, and have significant economic impact. Yet actions by the Federal Trade Commission (FTC) to protect privacy often lack economic analysis and fail to provide clear evidence of consumer harm.

Fixing Social Media's Grand Bargain

Social media firms like Facebook offer services for free in exchange for data from end users, using the data to sell advertising. This bargain encourages social media firms and advertisers to manipulate users.

How Essential are Standard-Essential Patents?

Standard-essential patents (SEPs) cover technologies needed to make complex products like wi-fi. Patent trolls that assert SEPs in court win few cases, often because the patent was not actually infringed.

Platforms and Interoperability in Oracle v. Google

Software made by one firm often needs to work with software made by other firms. In Oracle v. Google, a federal court will consider whether copyright law will change to hinder software interoperability.