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A Question for 2015: Is the FCC Unlawful?

In May 2001, I published a law review article titled, “The Public Interest Standard: Is It Too Indeterminate to Be Constitutional?” In the article, I suggested that the ubiquitous public interest standard, invoked in support of so much of the Federal Communications Commission’s regulatory activity, is so lacking in any “intelligible principle” that the standard is unconstitutional. After all, in 1928 the Supreme Court held that, in order for congressional delegations of authority to comply with...

The Sony Hack Attack

There are many dimensions to the hack of Sony that, by all accounts, now appears to be a North Korean cyberattack. Certainly, the attack ought to make us all aware that, regardless of debates about the niceties of the labels applied, the U.S. has entered a new era in which cyberwarfare (and response to cyberattacks) will constitute an important element of our national security strategy. Here, I want to make just a couple of points – briefly. It is easy, without having access to all the facts...

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