Otherwise, compliance in tech will implement EU rules by default. My paper, Bargaining with the Brussels Effect, discusses how the U.S. might productively enter the modern regulatory sphere in tech with proposed approaches across privacy, content regulation, antitrust, & AI. ssrn.com/abstract=679...
Some of the EU’s ideas are good. Others don’t take speech and security concerns as seriously as most U.S. users would like. To best influence tech company behavior, the U.S. needs to enter the regulatory game domestically and start to bargain with the international rules.
New paper! Taking a de-regulatory stance in the U.S. towards tech companies doesn’t do what its proponents believe it does. It doesn’t give companies freedom of action or support First Amendment values. It causes tech to defer to EU regulations.
ssrn.com/abstract=679...
Barrett calls back to Alito in Chatrie’s “why are we here?” jag; I think in both cases there’s little chance of a DIG or GVR. Here, a GVR in light of Cox doesn’t quite say enough, & there *is* something to say about protection of skinny labels & repeating “I’m a generic of X”.
Huston was excellent in advocating from a tough spot, given the SG. It did lead to a very strange argument that was super fact-laden, including secret new evidence R wants to get out. Kavanaugh and Gorsuch have no appetite for playing district judge and letting R do so.