Cyber & Privacy

Assessing the Federal Data Privacy Landscape: A Discussion of the American Privacy Rights Act

Congress has been working on comprehensive federal data privacy legislation for decades without reaching agreement. But the finish line may…

Courthouse Steps Oral Argument: Murthy v. Missouri

Murthy v. Missouri, originally filed as Missouri v. Biden, concerns whether federal government officials had violated the First Amendment by…

[Webinar] Transatlantic Debate: Evaluating the EU-US Data Privacy Framework

In October 2022, President Biden issued an executive order regarding the European Union – U.S. Data Privacy Framework. The Framework…

[Webinar] Liability in the Digital Ecosystem: A Conversation on Biden’s New National Cybersecurity Strategy

In the past several months, President Biden released a new national cybersecurity strategy. As part of that strategy, the Administration…

Tech Roundup Episode 19 – Should TikTok Be Banned? A Conversation on Free Speech, National Security, State Actors, and State Actions

Following concerns about the information collected by and influence of the immensely popular Chinese-owned social media app TikTok, debates have…

Deep Dive Episode 265 – A Discussion on Central Bank Digital Currencies and the Future of Financial Privacy

Experts explore central bank digital currencies (CBDCs) and the ongoing debates over financial privacy, especially in relation to use of cryptocurrencies and other software privacy tools.

Deep Dive Episode 259 – AI & Antidiscrimination: AI Entering the Arena of Labor & Employment Law [Panel Discussion]

AI is increasingly used both in the public and private sectors for facial recognition, dataset analysis, risk and performance predictions, and much more, though how companies use it and the actual input it has can be unclear. At an in-person luncheon, an expert panel discussed the tensions surrounding the issues of AI and employment law.

Deep Dive Episode 258 – AI & Antidiscrimination: AI Entering the Arena of Labor & Employment Law [Keynote Address]

At an in-person luncheon, EEOC Commissioner Keith Sonderling delivered a keynote address on issues concerning AI’s entrance into the Labor and Employment space.

Explainer Episode 50 – FTC on Privacy: The Statutory Authority Behind the Plan

Last November, the Federal Trade Commission accepted comments on its proposal to start a rulemaking related to “Commercial Surveillance” – the agency’s newly minted term for any and all business use of data about customers.

Deep Dive Episode 251 – FTC: Cost/Benefit Analysis of Proposed Rules – A Deeper Dive

A panel of experts explore how a federal agency undertakes the cost-benefit analysis for proposed rules, comparing independent agencies to those subject to OIRA review, and provide practical tips for lawyers and economists working on agency rulemaking comments.

Explainer Episode 44 – The Implications of AI Innovation and Regulation

Technology and data privacy experts discuss the evolving landscape of artificial intelligence, machine learning, and what these new technologies mean for existing and future policy and technology innovation.

Deep Dive Episode 237 – Private Rights of Action in Data Policy Settlements

In this podcast, experts discuss the implications of data privacy laws for businesses and consumers.

Deep Dive Episode 235 – A Discussion on the US-EU Trans-Atlantic Data Privacy Framework

In this podcast, experts discuss the efficacy of the new Trans-Atlantic Data Privacy Framework.

Deep Dive Episode 234 – Dobbs and the Potential Implications for Data Privacy

In this podcast, experts discuss the potential impact of the Dobbs decision on data privacy.

Deep Dive Episode 213 – After California and Virginia, What’s Next? Examining the State of State Data Privacy Legislation

What might new and upcoming state data privacy laws mean for consumers and companies, both large and small?

Deep Dive Episode 195 – President Biden’s Executive Order on Foreign-Controlled Apps

An expert panel breaks down Biden’s executive order on foreign-controlled apps and its implications for relations between the United States and its foreign adversaries.

Deep Dive Episode 182 – Cybersecurity Threats and the Regulatory Response

Stewart Baker and Tatyana Bolton trade insights on the Biden administration’s potential policy responses to the cybersecurity threats facing the United States.

Deep Dive Episode 179 – Artificial Intelligence and Bias

Experts discuss concerns about artificial intelligence systems’ potential biases against racial minorities and other identity groups.

Deep Dive Episode 163 – Shapers of Cyber Speech: Silicon Valley and American Discourse

Experts debate the pros and cons of regulatory proposals aimed at curbing social media content moderation.

Deep Dive Episode 147 – The State of State Data Privacy Laws Post-2020 Election

An expert panel discusses what state data privacy actions mean for the debates surrounding data privacy as well as what might be anticipated in the next sessions of Congress and state legislatures.

Deep Dive Episode 141 – Interoperability and Data Sharing: An Antitrust Remedy in Search of a Market Problem?

An expert panel discusses the use of portability and interoperability mandates in competition law.

Deep Dive Episode 139 – Implications of Data Portability: A Consumer Protection Tool or Burden?

An expert panel discusses the consumer protection and privacy implications of data portability.

Deep Dive Episode 123 – Antitrust Investigations into Big Tech Companies

This live podcast explores what investigations into big tech tell us about innovation and antitrust, as well as the current concerns regarding these firms’ market power and conduct.

Deep Dive Episode 117 – How to Approach Data Collection and Breaches in the Age of COVID-19

What are the data privacy and security implications for widespread data collection for COVID-19 contact tracing? Drew Bagley, Neil Chilson, and Roger Klein discuss.

Deep Dive Episode 115 – Public-Private Partnerships: The Future of Cybersecurity?

Are public-private partnerships the best way to fight cybercrime? If not, can the government alone protect the nation from cybercrime? If these partnerships are the way of the future, how could they be improved? Dmitri Alperovitch and Jamil Jaffer discuss these important questions and more.

Deep Dive Episode 114 – Is Artificial Intelligence Biased? And What Should We Do About It?

It’s not hard to find patterns in AI decisions that have a disparate impact on protected groups. Is this bias?  And if so, whose? Stewart Baker, Curt Levey, and Nicholas Weaver discuss.

Explainer Episode 14 – Options for Data Privacy Enforcement

How can data privacy enforcement provide clarity for businesses while protecting the public from harm? What might be the best enforcment options available to the FTC and state attorneys general going forward? Jennifer Huddleston and Ian Adams discuss.

Explainer Episode 13 – COVID-19 Contact-Tracing and Data Privacy

In this episode, Jennifer Huddleston and Brent Skorup discuss how contact-tracing might work here, what privacy concerns it might involve, and what it means for data privacy going forward.

Deep Dive Episode 109 – Regulating by Consent Agreement: Examining FTC’s YouTube Settlement and Beyond

This episode explores FTC settlements and consent decrees, including the YouTube case and what it means for FTC enforcement going forward.

Deep Dive Episode 106 – Should Big Tech Platforms Be Viewpoint Neutral? Should the Government Care?

On March 4, 2020, the Regulatory Transparency Project sponsored a symposium with the University of Pennsylvania Federalist Society student chapter. This episode features audio from the second panel.

Deep Dive Episode 103 – Ajit Pai: The FCC and the Pandemic

Listen as Federal Communications Commission Chairman Ajit Pai discusses how the FCC is addressing the COVID-19 pandemic. What measures has the FCC taken to date, and what is planned in the future?

Deep Dive Episode 95 – Update on FISA Reauthorization and Reform

In this episode, Ashley Baker and Nathan Leamer discuss the mechanics and processes of FISA, recent controversies, and issues Congress will consider as it determines whether and how to renew these key provisions.

Explainer Episode 11 – GDPR Compliance and Cybersecurity Concerns

In this episode, Ashley Baker and Neil Chilson discuss the implications for data security under recently-enacted privacy laws.

Deep Dive Episode 86 – Amazon’s Case Against Trump

Dan Kelly, Alexander Major and Franklin Turner, nationally recognized commentators and practitioners in the federal bid protest arena, unpack what we know about Amazon’s case, and discuss the possible grounds, laws and regulations governing mandates for competitive contracting by federal agencies.

Explainer Episode 9 – Biometric Information Privacy Act

This episode explores the implications of private rights of action under laws like Illinois’ Biometric Information Privacy Act. Are the paramaters around these private rights of action too vague and susceptible to abuse? Experts discuss this question and more.

Explainer Episode 7 – Carpenter v. United States

In this episode, Ashley Baker and Jennifer Huddleston discuss the implications of the famous privacy case, in which the Supreme Court decided that the warrant-less seizure of the plaintiff’s cell phone records violated his Fourth Amendment rights.

Explainer Episode 6 – Regulating Biometric Access Technologies

With emerging debates around facial recognition technology, the issue of regulating biometric access technologies has become more prominent. San Francisco, notably, has banned government use of facial recognition, and states like Illinois and Texas have also begun more aggressive regulations on biometrics. The implications of these technologies and the rules to limit their use with regard to civil liberties are explored and explained in this podcast.

Deep Dive Episode 75 – Spectrum Wars

Is there a clear and coherent path forward on the assignment or repurposing of spectrum? Perhaps as importantly, who has the authority and expertise to decide?

Deep Dive Episode 72 – The Net Neutrality Saga: Mozilla v. FCC

In this episode, a panel of legal and economic experts share their views of the court’s reasoning and of the implications of this Mozilla v FCC case upon the on-going net neutrality debate.

Deep Dive Episode 68 – Challenges in Regulating Cybersecurity at the Department of Defense

In this episode, experts in cyber-security law discuss the implications of recent changes to the internal rules that govern the information systems of contractors in the DoD supply chain.

Deep Dive Episode 41 – General Data Protection Regime & California Consumer Privacy Act

In this episode, Anna Hsia, Chris Riley, Gus Hurwitz, Thomas Hazlett, and Matthew R.A. Heiman discuss the implications of internet privacy legislation on innovation, small businesses, and consumer protection.

Deep Dive Episode 35 – Examining the California Consumer Privacy Act

Justin “Gus” Hurwitz (University of Nebraska College of Law), Eric Goldman (Santa Clara University School of Law), and Lindsey L. Tonsager (Covington & Burling) discuss the substance of the California Consumer Privacy Act (including recent amendments), the process that led to its enactment, and how it is likely to affect future privacy regulation in the United States.

Deep Dive Episode 34 – Net Neutrality and Federalism

Justin “Gus” Hurwitz (University of Nebraska College of Law), Brent Skorup (Mercatus Center), and Geoffrey A. Manne (International Center for Law & Economics) discuss questions surrounding recent state efforts to enforce net neutrality principles after the FCC’s decision in 2017 to eliminate common carrier regulations.

Deep Dive Episode 32 – What to do about Facebook: On Data Privacy and the Future of Tech Regulation

Matthew R. A. Heiman (National Security Institute), Thomas Hazlett (Clemson University), Jamil N. Jaffer (National Security Institute), and Megan Stifel (Atlantic Council) discuss Facebook, data privacy, and the future of tech regulation.

Deep Dive Episode 15 – Exploring Net Neutrality and the Implications of Repeal

Brent Skorup (Mercatus Center) discusses the history of the net neutrality movement, the 2015 rules, the First Amendment issues at stake, and the effect of repealing the rules.

Deep Dive Episode 14 – Discussion on the Wassenaar Arrangement

Stewart Baker (Steptoe & Johnson), Alan Cohn (Steptoe & Johnson), and Matthew R. A. Heiman (Johnson Controls) discuss the Wassenaar Arrangement, which governs international export controls for “intrusion software,” and its regulatory effects.

Deep Dive Episode 7 – IoT: Rise of the Machines?

Paul Rosenzweig (Red Branch Law & Consulting) and Suhail A. Khan (Microsoft) discuss the Internet of Things, the risks it potentially poses, and the role of government in mitigating these risks.

Deep Dive Episode 5 – LabMD v. FTC: A David Against Goliath Story

Justin “Gus” Hurwitz (Nebraska College of Law) and Michael Daugherty (LabMD) discuss Michael’s experience defending his medical testing lab against allegations by the FTC that it had deficient cybersecurity practices.

New Webinar: “Executive Order on Foreign-Controlled Apps”

Matthew R. A. Heiman

In June, President Biden issued a new executive order directing the federal government to review the security threats posed by foreign-controlled software applications. On September 2, Matthew Feeney (Cato Institute) moderated an insightful discussion on the topic featuring Jennifer Hay (DataRobot), Jamil Jaffer (National Security Institute), and Margaret Peterlin (Texas A&M University)…

Two Useful Pieces of Commentary on Net Neutrality

Matthew R. A. Heiman

Matthew Heiman points to two recent items on net neutrality from Tom Hazlett.

What the Biden Administration May Bring for Tech Policy

Jennifer Huddleston

“The Biden administration should carefully consider the significant tradeoffs regulation can have and embrace bipartisan opportunities to build on the United States’ innovation-friendly approach.”

The FCC Should Not Engage in Section 230 Rulemaking

Jennifer Huddleston

Governing the Internet: An FCC decision to engage in changing Section 230 would not only be concerning for First Amendment principles, but also should raise concerns about the expansion of the administrative state and the intrusion of government into private actions.

Examining the California Consumer Privacy Act

Matthew R. A. Heiman

In a new teleforum, Professor Eric Goldman, Lindsey Tonsager, and moderator Professor Gus Hurwitz discuss the California Consumer Privacy Act (CCPA).

Modern Privacy Advocacy

Matthew R. A. Heiman

In their thought-provoking essay, Gus Hurwitz and Jamil Jaffer explain that orthodoxy in the defense of privacy, a term that is ill-defined, may undermine the very value it tries to serve.

Letter to Congress: Support an Open and Free Internet

Richard Epstein

We support a free and open Internet and we oppose utility regulation of the most dynamic communications platform the world has ever seen.  For these reasons, we encourage Congress to oppose the adoption of a CRA resolution to overturn the RIF Order.