March 2019

The connective tissue that unites Louis Brandeis’s view of legislative action, the creation and enforcement of antitrust law, and the use of sectoral regulation is the willingness to experiment. We are well-acquainted with Brandeis’s invocation of the “laboratories of the states” but his reliance on experimentation, what we might today call innovation, runs much deeper than that well-known aphorism.

The Federal Communications Commission will soon decide whether to side with foreign satellite companies, and allow them to sell their rights to a swath of public airwaves to speed the deployment of 5G technology.  Such a sale to the nation’s biggest wireless providers could bring in as much as $40 billion—and now Congress is threatening to step in and prevent the FCC from allowing the satellite companies to pocket the money.

The Federal Trade Commission is seeking comment on proposed amendments to two rules that protect the privacy and security of customer information held by financial institutions. In separate notices to be published in the Federal Register shortly, the FTC is seeking comment on proposed changes to the Safeguards Rule and the Privacy Rule under the Gramm-Leach-Bliley Act. The Safeguards Rule, which went into effect in 2003, requires a financial institution to develop, implement, and maintain a comprehensive information security program.