Cyber Policy

In the wake of election-related cyberattacks, this Administration faces vital questions about the future of U.S. cybersecurity, as well as decisions about net neutrality.

Versus Trump: Trump Versus Net Neutrality

10/4/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about the Trump Administration's lawsuit against California that would block California's new net neutrality law from going into effect. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

SCOTUS Goes Online

7/12/18  //  In-Depth Analysis

By John Paul Schnapper-Casteras: This might be the year that the Supreme Court begins to meaningfully grapple with the constitutional implications of emerging technologies.

Take Care

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

A Congressional Review Act resolution to reverse the FCC’s net neutrality repeal garnered the critical 30th co-sponsor needed to force a vote on the measure.

The Integrity Of The Net Neutrality Record And Deference

1/12/18  //  Commentary

The FCC was targeted for a misinformation campaign and then relied upon an uncorrected record to support its order undoing net neutrality protections. That might matter.

Tejas Narechania

UC Berkeley School of Law

The FCC's Net Neutrality Two Step

1/5/18  //  Commentary

The agency’s conflicting rationales seem largely arbitrary. Moreover, its action abandons a longstanding bipartisan consensus favoring net neutrality.

Tejas Narechania

UC Berkeley School of Law

Net Neutrality News Flash

12/15/17  //  Latest Developments

As predicted, the FCC voted today to reverse its 2015 net neutrality rules

Tejas Narechania

UC Berkeley School of Law

Net Neutrality, Institutional Choice, and Modes of Enforcement

12/12/17  //  Commentary

What exactly does it mean for the Federal Trade Commission to take on net neutrality?

Tejas Narechania

UC Berkeley School of Law

Update | The Week of November 27, 2017

12/4/17  //  Daily Update

The Trump Administration has been more transparent than its predecessor with respect to revealing vulnerabilities in software.

Jeffrey Stein

Columbia Law School

Updates | The Week of November 20, 2017

11/26/17  //  Daily Update

The FCC released plans to abolish both federal and state net neutrality rules. The Active Cyber Defense Certainty Act (ACDC) may address calls for more robust offensive cyber action by the government.

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

FCC Chairman Ajit Pai announced a dramatic deregulatory overhaul of media consolidation and ownership rules.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

FCC Chairman Ajit Pai was confirmed to another term on a party-line vote.

Updates | The Week of July 24, 2017

7/30/17  //  Daily Update

Commentary continues on the scope of incidental collection of Americans' data.

Net Neutrality as a Response to the Potential Harms of Vertical Integration

11/30/17  //  Commentary

The case for net neutrality comes down a pithy adage: Trust [that carriers won’t violate net neutrality principles], but verify [compliance through enforceable rules]

Tejas Narechania

UC Berkeley School of Law

FCC Signals it Will Eliminate Title II Treatment of Internet Service Providers

5/2/17  //  Quick Reactions

FCC's action welcomed by industry but will trigger (another) massive legal fight.

Daniel Deacon

U.C. Irvine School of Law

Net Neutrality

11/28/17  //  In-Depth Analysis

Where did the existing rules come from? What do these rules accomplish? And what effect might their repeal have?

Tejas Narechania

UC Berkeley School of Law

Treason and Cyberwarfare

7/27/17  //  In-Depth Analysis

By Carlton Larson: There are two forms of treason recognized under the United States Constitution: (1) levying war against the United States; and (2) adhering to our enemies, giving them aid and comfort. Each raises slightly different issues with respect to cyberwarfare.

Take Care

Network Neutrality: What’s Next at the FCC?

3/21/17  //  Commentary

Among Obama-era FCC initiatives, none grabbed the public’s attention like the fight over net neutrality. Now that Republicans control the FCC, here's what might happen.

Daniel Deacon

U.C. Irvine School of Law

Versus Trump: Trump The Trustbuster (Interview with Lina Khan)

11/30/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie has an interview with antitrust expert Lina Khan, Director of Legal Policy of the Open Markets Institute, about the lawsuit filed by the Trump Administration to block the proposed AT&T/Time Warner merger. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

FCC’s Reversal on Prison Call Rates Demonstrates the Commission’s New Stance

3/29/17  //  Quick Reactions

The FCC has abandoned its legal defense of a 2015 order that placed new caps on the cost of phone calls placed by prison inmates. This reflects a mentality that will have major effects in prisons and elsewhere.

Daniel Deacon

U.C. Irvine School of Law

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

Major internet companies are reacting with disapproval to FCC plans to eliminate net neutrality rules.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

FCC Chair Ajit Pai has taken steps to roll back Obama-era rules including business broadband price caps; he also solicited feedback on pulling back net neutrality.

Take Care

Updates | The Week of July 17, 2017

7/23/17  //  Daily Update

The FCC declined to release complaints regarding the rollback of net neutrality.

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

This week, the FCC suggested a plan to reduce government oversight of high-speed internet providers, undercutting Obama-era policies preventing cable companies from blocking or slowing dock online content.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

Over 20 million comments have been filed on the FCC's proposed net neutrality rollback.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

This week, a Take Care contributor predicted that the new Republican majority at the Federal Communications Commission might walk back net neutrality.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

The Trump Administration has announced a shift away from Obama-era net neutrality rules as a bill allowing internet service providers to market customers' browsing history to third parties heads to President Trump's desk.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

A former FCC official advises how to write a good comment in support of net neutrality.

Updates | The Week of August 21, 2017

8/27/17  //  Daily Update

Congressional Democrats moved to protect the State Department’s Office of the Coordinator for Cyber Issues.

Updates | The Week of April 10, 2017

4/11/17  //  Daily Update

The Federal Communications Commission is considering elimination of net neutrality rules, but consumer groups and congressional Democrats will likely object.

Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

The D.C. Circuit Court of Appeals denied en banc review of a decision upholding the Federal Trade Commission’s net neutrality rules.