From the category archives:

Research Papers

Research Papers

Hack, Mash, and Peer: Crowdsourcing Government Transparency

by Jerry Brito on May 14, 2008 Comments

If government information was made public online and in standard open formats, the online masses could be leveraged to help ensure the transparency and accountability that is the reason for making information public in the first place.

A Tale of Two Commissions: Net Neutrality and Regulatory Analysis

by Jerry Ellig and Jerry Brito on November 1, 2007 Comments

The Federal Communications Commission and Federal Trade Commission could bring much-needed clarification to the net neutrality debate by employing the regulatory analysis utilized by most federal agencies to assess proposed regulations.

Sending out an S.O.S.: Public Safety Communications Interoperability as a Collective Action Problem

by Jerry Brito on February 7, 2007 Comments

This Article argues that lack of public safety communications interoperability is the result of what economist Mancur Olson called a collective action problem, and that it is the result of the national policy of public safety spectrum segregation and balkanization.

Regulatory Status of VoIP in the Post-Brand X World

by Alastair Walling and Jerry Ellig on November 1, 2006 Comments

During the past several years, the Federal Communications Commission has engaged in a series of rulemakings to determine the regulatory status of Voice over Internet Protocol (VoIP). This paper holds that VoIP should be classified as an information service, rather than a telecommunications service, for several reasons.

Video Killed the Franchise Star: The Consumer Cost of Cable Franchising and Proposed Policy Alternatives

by Jerry Ellig and Jerry Brito on October 11, 2006 Comments

Congress, state legislatures, and the Federal Communications Commission are all considering proposals to reform local video franchising to promote competitive entry. Consumers should welcome such reforms. This paper estimates that consumers pay an extra $8.4 billion annually in the form of higher rates and fees as a result of video franchise regulations.

Buried Online: State Laws That Limit E-Commerce in Caskets

by Asheesh Agarwal and Jerry Ellig on June 30, 2006 Comments

Examining the economic evidence, this paper finds that state laws that impede electronic commerce in caskets would almost certainly fail a factual analysis used in the case Granholm v. Heald. This implies that such laws would be held unconstitutional under the Commerce Clause if a plaintiff brings a challenge similar to the one in Granholm.

The Spectrum Commons in Theory and Practice

by Jerry Brito on March 16, 2006 Comments

This article aims to show that, despite the rhetoric, the radio spectrum commons model that has been proposed in the legal literature is not an alternative to command-and-control regulation, but in fact shares many of the same inefficiencies of that system. If the government is the controller of a commons—as proponents of a spectrum commons suggest it should be—then in allocating and managing the commons the government will very likely employ its existing inefficient processes.

Costs and Consequences of Federal Telecommunications Regulation

by Jerry Ellig on January 1, 2006 Comments

This paper focuses on the effects of federal regulation of telecommunications. Key issues of interest are the effects of regulation on the prices, quantity and quality of service, along with the associated effects on consumer welfare and overall economic welfare. Regulations that primarily affect applications or uses of information that pass through the infrastructure are outside the scope of this study.

An Orphan Works Affirmative Defense to Copyright Infringement Actions

by Bridget Dooling and Jerry Brito on December 1, 2005 Comments

This paper explains the full extent of the orphan works problem and proposes a novel solution that is practical. It also examines and critiques other leading proposed solutions that the authors conclude are unworkable.

Relax, Don’t Do It: Why RFID Privacy Concerns Are Exaggerated and Legislation Is Premature

by Jerry Brito on December 1, 2004 Comments

The recent push to replace UPC barcodes on all consumer goods with RFID tags has resulted in a backlash by privacy activists. Before we regulate, we should first confirm that privacy fears are not baseless and will not be constrained by market forces.