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.
order issued last week, the judges granted LabMD’s request that the court stay enforcement of the FTC’s decision against LabMD, pending the outcome of the court’s review of that order. Not only did the court grant the stay, but it did so in terms that suggest the court is, at best, highly skeptical of the FTC’s underlying theory. Having been writing about this case – and the infirmities of the FTC’s underlying legal theory – for going on three years, I feel totally comfortable saying “I told you so.”
commitment to encryption and that Facebook has launched end-to-end encryption for Messenger. Both of these announcements came before news broke that Yahoo! has been running a government-requested e-mail scanning program for US intelligence interests since last year. The Yahoo! news will surely increase support for – and lead to calls for more systems like – Apple and Facebook’s encryption efforts. This is a pity, because these efforts really do little to improve cybersecurity. Indeed, they are arguably little more than security theater, distracting and taking resources away from addressing more substantive cybersecurity concerns.