The Federal Communications Commission appears to be conducting a far-ranging data gathering effort concerning cable prices and analog-to-digital channel movements under the guise of individual complaint enforcement. The FCC's regular processes and procedures appear to have been perverted to...

The Federal Communications Commission’s recent Comcast decision has rejected categorical, ex ante restrictions on Internet providers’ ability to manage their networks in favor of a more flexible approach that examines each dispute on a case-by-case basis, as I have long advocated. This book...

Much of the recent debate over Internet policy has focused on the permissibility of business practices that are becoming increasingly common, such as new forms of network management, prioritization, pricing, and strategic partnerships. This Essay analyzes these developments through the lens of...

This paper will examine the FCC’s March, 2015 Open Internet Order with an eye to assessing whether and how the Commission can successfully defend its decision in an appellate court. On two prior occasions, the FCC failed to convince a reviewing court that proposed regulatory safeguards do not...

Matthew Lasar asks the $64,000 question on Ars Technica: "Did Congress really give the FCC power to protect the Net? The jurisdictional question, as Lasar notes, lies at the heart of the viability of the FCC's proposed net neutrality rules. The answer depends on one's view of what regulatory...

The D.C. Circuit Court of Appeals in Cohen v. U.S. (No. 08-5088) rebuffed an attempt by the IRS to treat as a general statement of policy a Notice by which it both conceded its refund obligation for certain improperly collected telephone excise taxes and established a binding and exclusive...

Public policy debates about online child safety have raged since the earliest days of the Internet. Concerns about underage access to objectionable content (specifically pornography) drove early "Web 1.0" efforts to regulate the Internet, and it continues to be the topic of much discussion...