The D.C. Circuit's net neutrality opinion interprets the FCC's regulatory authority broadly. "Loophole" is a loaded term for that authority. We could replace "loophole" with "the law," and have a very different connotation. The real answer is for Congress to step in -- but don't hold your breath.
President Obama's Statute of the Union strategy of "bypassing Congress" sounds unconstitutional - but it might not be. Here's a guide for evaluating his proposals.
For those of you following the news from Kiev (my home town), or who wish you were, check out these powerful photographs of the revolution. Apparently there’s just been a major shakeup of the government, so we’ll see what effect that has in the coming days.
I interviewed David Medine this week in the course of Steptoe’s latest podcast on technology, security, privacy, and government. The interview yielded a good overview of the Board’s report, and not an uncritical one. I questioned the Board’s decision to write a legal brief on the 215 program, as well as the Board’s remarkable claim that […]
The second in a series of posts about the Fourth Circuit's decision in North Carolina Board of Dental Examiners v. FTC -- and whether the Supreme Court will take the case.
In 2008, candidate Obama was a forceful critic of the Bush Administration's overexpansion of executive power. Unfortunately, President Obama has chosen to double down on executive overreach instead of cutting back on it.