Publications

The Supreme Court is not a fan of intermediary liability, and that’s a good thing. Which means if Meta and Google appeal all the way to the Supreme Court, there is a reasonable chance that they will succeed.

It’s likely that implementation of AI could eliminate most accidents due to human error. Chips and software don’t get tired, don’t get distracted, and make decisions in millionths of a second that a human might take 5 or 10 seconds to make. Studies suggest that humans can keep track of 3 to 5 independent variables at the same time, while AI can manage orders of magnitude more.

It’s hard to avoid the conclusion that the SAVE Act in its current form was designed to not pass. To prolong the fight, not solve the problem. To make base voters angry and get them to fight. To provide a reason for politicians to appear on cable TV and to get the most partisan voters to turn out in November.

By upholding the gatekeeping responsibility of judges under Rule 702, the Second Circuit can reaffirm that scientific claims must meet established thresholds before being presented as reliable proof in court.

There are no sovereign liabilities denominated in bitcoin, which means there’s no obvious emergency for which “having bitcoin on hand” is the solution. Reserves should be built around the liabilities and risks you’re trying to hedge — and bitcoin’s volatility tends to amplify risk rather than reduce it.

A government bitcoin “reserve” is really government chasing fads and making highly speculative bets with taxpayer dollars. And gambling with taxpayer dollars is not a legitimate function of government.

Let's be clear about what a data center is: critical infrastructure. It's the physical home of the digital services we rely on. If policymakers are serious about economic competitiveness, they should treat data centers the way they treat all critical infrastructure.

The EU could reinstate its 25% retaliatory tariff on bourbon today, or at any point in the future. And when the EU tariffs American bourbon, we don’t pay more for bourbon—they do. But we sell less of it to them. In other words, we’re both harmed.

Analysis of the streaming marketplace by numerous criteria shows that Netflix is already the dominant competitor in terms of paid subscribers, attention share and profitability. We compare several scenarios and conclude that a Netflix - Warner Bros. merger deserves close scrutiny by policymakers.

Now is the time for the “Art of the Deal” Trump to step up to the plate. It will probably require sidelining advisor Stephen Miller, but you can’t make an omelet without breaking a few eggheads.