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Regulatory Reform: Combating Agency Overreach and Judicial Deference

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January 13, 2020

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.

December 31, 2019

In considering revisions to COPPA, the FTC should carefully weigh these unintended effects, especially if the FTC is considering more detailed regulations that will impose additional compliance costs on sites targeted towards children. Such additional costs of regulation can readily be absorbed by large entities, such as Google and YouTube, but may put a smaller site out of business or give it an incentive to arrange their content to avoid being regulatorily labeled as a site directed to children. The results of more extensive regulation, including more complex processes and procedures for tracking and reporting on all use of children’s personal information, may reduce the quality and variety of child-appropriate content available.

December 13, 2019

In the latest episode of the Fourth Branch Podcast, Ashley Baker and Jennifer Huddleston discuss how an Illinois biometric privacy law offers a cautionary tale for policymakers as they consider data privacy regulations. What makes this law so powerful is that it allows for a private right of action for individuals to bring suit and pursue damages for violations of the act even if they suffered no injury.

November 25, 2019

This newsletter is a roundup of recent developments in artificial intelligence technology and policy including agency activities, legislation, hearings, international developments, other articles of interest, and a list of relevant events. This time we have included a few items related to privacy that may also be of interest

November 20, 2019

In a new Federalist Society Regulatory Transparency Project podcast, Ashley Baker, director of public policy at the Committee for Justice, and Jennifer Huddleston, research fellow at the Mercatus Center, discuss the implications of the Supreme Court's decision that the warrantless seizure of the cell phone location records violate the Fourth Amendment.

November 13, 2019

With emerging debates around facial recognition technology, the issue of regulating biometric access technologies has become more prominent. San Fransisco, notably, has banned government use of facial recognition, and states like Illinois and Texas have also begun more agressive regulations on biometrics.

November 13, 2019

Facebook must stop President Trump from “mislead[ing] the American people,” says the Democratic National Committee. Demands from Democrats that social media platforms “fact-check” or otherwise censor political ads and posts are rapidly accelerating this fall and having an impact. Twitter responded two weeks ago by banning political ads altogether.

Proposals to combat anti-conservative bias online risk creating a more dangerous concentration of power because the censor would be the biggest monopoly of all: the federal government.

September 20, 2019

The Court should also grant review to revisit the concept of deference and the scope of deference granted to an executive agency. The power to determine the meaning of a law is vested in the judiciary. Judicial deference raises questions of separation of powers – especially where it results in authorizing an agency to formulate law, interpret law, and enforce that law.

September 14, 2019

A roundup of recent developments in artificial intelligence technology and policy including agency activities, legislation, hearings, international developments, other articles of interest, and a list of relevant events.

September 12, 2019

Facilitating a manageable regulatory environment for business and a fair climate for workers is critical to sustaining the record economic growth that has occurred under this president. Eugene Scalia has the skill set and the track record necessary to fill this role, and he has our unreserved support.

August 20, 2019

Allowing preemptive vetoes—a step never before taken in the 45-year history of the Clean Water Act—is a blatant abuse of authority.

July 5, 2019

In an op-ed for the Washington Examiner, Ashley Baker calls Kisor “an important step toward reining in the largely unaccountable and ever-expanding administrative state.”

The judiciary is similarly relived of its duty to interpret ambiguous statutes. In sum, Auer deference allows judges to abdicate their judicial duty, the branch closest to the people to abdicate its legislative function, and the fox to guard the administrative hen house.

May 25, 2019

As the one year anniversary of  the implementation of the General Data Protection Regulation (GDPR) in the European Union (EU) approaches, the transition year is coming to a close.  Analysts, lawmakers, internet users, investors, researchers, and companies alike fear the blunt force of regulatory enforcement and heavy fines. For those in the United States, this is a unique opportunity to assess the consequences of the GDPR and learn from the mistakes of those abroad as we discuss the need for a federal law for privacy and data protection.

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