Author Archives: Jonathon Hauenschild
Author Archives: Jonathon Hauenschild
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Pennsylvania Voters Restore Balance of Power
Voters in Pennsylvania approved two constitutional amendments restoring the Legislature’s role responding to emergencies. By a margin of nearly 54%, voters rejected Governor Wolf’s unilateral and inconsistent response to…
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Colonial Pipeline and DarkSide: Cyber Attacks Have Real World Consequences
Cyber attacks can have real world consequences. Take, for example, an attempt by Russia-based hacking group DarkSide to extort money from Colonial Pipeline. By installing and executing ransomware on…
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Pennsylvania COVID-19 Data Breach Highlights Privacy Concerns for State Run Tracking Apps
A person’s digital privacy is essential in today’s information age. People should be vigilant about who has access to their data. During this COVID-19 pandemic, some have voluntarily provided health…
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Can State Courts Exercise Jurisdiction Over Online Marketplaces or Individual Sellers?
A recent Supreme Court case could have a significant impact for online marketplaces and the individual sellers who rely on them. The case, entitled Ford Motor Co. v. Montana…
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Social Media Companies’ Bad Week Ends with Executive Order
Social media companies, the First Amendment and Section 230 of the Communications Decency Act recently had a roller-coaster week. First, YouTube found it had a China problem. Then, Twitter decided…
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Will Legislatures Confront the Massive Growth in Executive Power?
When life returns to something resembling normal after the coronavirus lockdowns, state legislatures will be faced with serious questions. Putting aside for a moment the fiscal questions — how…
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ALEC Files Amicus Brief in Google v. Oracle Supreme Court Case
Earlier today, the American Legislative Exchange Council filed a brief, amicus curiae, in the Google LLC v. Oracle America, Inc. copyright dispute. At the heart of the dispute is…
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Solving a Perceived Privacy Problem: How the Market Reacts to Innovate Solutions in the Absence of Government Action
Markets innovate in the absence of government action. The Federal Communications Commission attempted to regulate Internet Service Provider (ISP) privacy during the Obama administration because it claimed that ISPs…
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Violent Video Games Not to Blame for Mass Shootings
Mass shootings are horrific. They are indictments of man’s capability to do evil. They remind us about how much pain, loss, and damage a single person can inflict, when that…
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How Procurement Proposals In States Are Raising More Questions than Answers
State elected officials should take every necessary step to eliminate waste, fraud, and abuse from government programs. As guardians of taxpayer funds, they should make sure every dollar is spent…
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A Legal Analysis of Murphy v. Twitter
Earlier this week, a feminist from Canada sued Twitter in San Francisco. The lawsuit is limited in scope and thoroughly pled. The lawsuit brings three causes of action against…
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YouTube is Still a Private Platform, Prager University
If someone names his boat a rose, does the boat become a flower? If the manufacturer of the boat calls it a rose, is the boat a flower? Most people…
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Crying “Privacy” is Not Enough to Support a Lawsuit
A judge in the U.S. District Court for the Northern District of Illinois handed down a decision that may impact future state, or even federal, privacy legislation. Through the…
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What Do Last Week’s Midterms Mean for the Tech Sector?
Last week’s midterm elections may loom large for technology policy. Since the Democratic Party achieved a majority in the United States House of Representatives, they may hold hearings and propose…
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Resolution Supporting Innovative Technologies to Strengthen States and Local Communities by Enabling Statewide Use of Distributed Ledger Technology
WHEREAS, the Legislature believes it is in the best interest of [the state] to authorize corporations, the state of [state] and local municipalities to use electronic networks or databases for…
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Statement of Principles on Electronics Recycling Programs for States and Feds Considering Mandates on Recycling Consumer Electronics
The private sector should lead the way. The private sector should lead the design and the operation of any electronics recycling program. Technology companies that designed the products and put…
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Resolution Protecting Online Platforms and Services
WHEREAS, the Internet has created millions of new American jobs and generated billions of dollars in revenue for American businesses; WHEREAS, online platforms enabled users to generate, upload, and share…
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Supreme Court to Hear Free Speech Case that May Impact Technology Companies and Social Media Platforms
The Supreme Court just announced that it will hear a case defining what is, or is not, a public forum. While the case specifically addresses public access cable…
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An Exercise in Futility: California’s New Net Neutrality Law is Preempted by Federal Actions
No sooner did California Governor Jerry Brown sign the state’s disastrous net neutrality bill into law than the Department of Justice filed suit against it. The suit will help…
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FCC Proposes Rules to Help America Win the Race to 5G
Last week, the Federal Communications Commission released a proposed order to help the United States win the race to 5G. The order, if adopted, would limit the types of…