a recent analysis by the National Telecommunications and Information Administration (NTIA), Americans are limiting their online activity due to increasing concerns regarding security and privacy. The analysis raises the question of whether there is a difference between the two from the perspective of American Internet users. My recent paper, “Privacy and cybersecurity are not the same, and Americans care far more about cybersecurity,” determines that there is a difference — and that Americans value security over privacy.
Gus Hurwitz, a visiting scholar at AEI's Center for Internet, Communications, and Technology Policy, is an assistant professor at the University of Nebraska College of Law, where he teaches telecommunications law, cyber law, law and economics, and other regulation-related subjects. His research builds on his background in law, technology, and economics to consider the interface between law and technology and the role of regulation in high-tech industries. He has a particular expertise in telecommunications law and technology. He was previously the inaugural research fellow at the University of Pennsylvania Law School’s Center for Technology, Innovation and Competition, and before that was a visiting assistant professor at George Mason University Law School. He previously spent several years as a trial attorney with the US Department of Justice Antitrust Division’s Telecommunications and Media Enforcement Section. Hurwitz has a background in technology and worked at Los Alamos National Laboratory.
opinion, in which the FTC rejected the findings of the administrative law judge (ALJ) who had thrown the case out last November and instead found that LabMD’s security practices, which failed to prevent a data breach, were unreasonable under Section 5 of the FTC Act. Today I take a broader look at whether its efforts in these cases actually improve the state of data security in the United States (foreshadowing: no).
opinion that is surprising only for how long it took to write, the FTC last week rejected the findings of the administrative law judge (ALJ) who had thrown the case out last November and has instead found that LabMD’s security practices, which failed to prevent a data breach, were unreasonable under Section 5 of the FTC Act. Today I look at some of the key features of the FTC’s opinion.
panel discussion about the role of economics at the FCC. The event was structured around a new paper by economists Hal Singer and Gerry Faulhaber that documents and laments the FCC’s growing disdain for economic analysis. It featured commentary from the authors, former FCC Chief Economist Tim Brennan (who took the opportunity to discuss the meaning of “economics free zone”), and Public Knowledge Senior Vice President Harold Feld. The discussion was, shall we say, lively.
opinion rejecting various challenges to the Federal Communication Commission’s Open Internet order can be summarized succinctly: “we defer.” Following accepted principles of modern administrative law – the law that governs the relationship between Congress, agencies like the FCC, and the courts – in evaluating the FCC’s interpretation of ambiguous statutory definitions the court needed only to consider whether the FCC’s order was minimally reasonable in order to affirm it. And so it did.