The Committee for Justice filed comments with the Office of Management and Budget (OMB) regarding the draft memorandum to federal agencies, “Guidance for Regulation of Artificial Intelligence Applications.” The aim of our comments is to assist the executive branch in creating policies that will continue and advance America's leadership in artificial intelligence technology and innovation while also promoting America's values. Specifically, our comments address two of the "Principles for the Stewardship of AI Applications" discussed in the draft memo: 1) fairness and non-discrimination, and 2) disclosure and transparency.
On March 15, 2020, certain authorities under the Foreign Intelligence Surveillance Act (FISA) will expire absent renewal by Congress. The authorities set to expire fall into three categories: 1) the business records provision (often referred to as Section 215) that allows for collection of call detail records, among other things; 2) roving wiretaps; and 3) the lone wolf provision. On March 11, the House passed a compromise bill that the Senate will soon consider. However, several Republican Senators have already urged President Trump to veto the reauthorization bill, should it pass both chambers.
Today the Supreme Court heard arguments in Seila Law LLC v. Consumer Financial Protection Bureau, a case that will determine the constitutionality of the agency’s leadership structure. Justice Brett Kavanaugh was notably active from the bench, and had some interesting very interesting questions for the litigants. Before diving into an analysis of oral arguments--and because it is particularly hard to read any tea leaves since the Supreme Court is unlikely to invalidate the entire agency in this case--it makes sense to first explore some of the context. In doing this, Justice Kavanaugh’s record is a logical guide, as a look back at his two D.C. Circuit opinions explains some of the more relevant cases and legislative history that led us to t...
Copyright cases do not call for a free-ranging search for the best copyright policy, but rather depends solely on statutory interpretation. After all, the proper course is not to bend and twist the Act’s terms in an effort to produce a just outcome, but to apply the law as it stands and leave to Congress the task of deciding whether the Copyright Act needs an upgrade. The audience for Google’s concerns, therefore, is across the street.
Ashley Baker and Neil Chilson discuss the implications for data security under recently-enacted privacy laws. Although data privacy regulations may shield your data from companies that seek to use it for commercial purposes, certain legal requirements found in these regulations can leave your sensitive information vulnerable to bad actors.
The Committee for Justice filed comments to the SEC regarding the Proposed Amendments to Exemptions from the Proxy Rules for Proxy Voting Advice. We believe that Securities and Exchange Commission’s proposed rule change regarding proxy advisory firms is a positive step towards implementing much-needed reforms. The rules governing the proxy system need to be clarified and modernized for the benefit of investors, public companies, and the U.S. financial services industry as a whole. Therefore, the SEC should implement the proposed rule.
Ten years ago today, the Supreme Court issued its famous Citizens United decision, striking down a federal ban on independent campaign advertising by corporations and labor unions as a violation of the First Amendment.
Last year, the Committee for Justice continued to play an influential role in holding judges and politicians accountable to the constitution. We worked to reclaim the judiciary from activist judges, confront the unaccountable administrative state, and oppose calls to restructure the Supreme Court.