Articles
Article
November 3, 2026
AI and Copyrights: Why Using Copyrighted Material for Training is Fair Use
A collected series of cases captioned as In re OpenAI Copyright Infringement Litigation presents the latest and most important opportunity to resolve an emerging and critical question in copyright law...
Article
October 26, 2026
Ending H-1B Grace Period Fails Cost-Benefit Test
Executive Summary
Costs of ending exceed savings by about $121 million to $762 million a year across the three scenarios, with a central estimate of $263 million.
Over ten years, the net cost i...
Article
October 23, 2026
Applying Semiconductor and Server Tariffs to Data Centers, Under Section 232 or Section 301, Would Now Cost the U.S. About $180 Billion a Year
An update to CCIA’s June 2026 analysis: the Section 232 data center exemption remains under review, a Section 301 excess capacity determination could be weeks away, and the buildout at stake has gro...
Article
October 22, 2026
The KFTC’s Defense Leaves the Evidence Unanswered
The Korea Fair Trade Commission’s (KFTC) October 21 response (in Korean) to reporting on an Information Technology and Innovation Foundation (ITIF) study offers three explanations for higher penalti...
Article
October 15, 2026
Protecting Vulnerable Consumers Online: Getting the Balance Right for the Digital Fairness Act
Consumers play a central role in the EU’s digital ecosystem. Special attention must be given to vulnerable consumers, who are often more susceptible to certain online practices. However, safeguardin...
Article
October 2, 2026
D.C. Circuit’s Anthropic Decision Expands the Range of Activities Constituting a “Supply Chain Risk” – and the Uncertainty to Contractors
The D.C. Circuit’s decision in Anthropic PBC v. U.S. Department of War, No. 26-1049 (D.C. Cir. Sept. 25, 2026) (“Anthropic”), establishes a troubling precedent for defense contractors by broadly...
Article
October 1, 2026
Two Rulings, One Lesson: Innovation Is Accelerating, Making Many Sectors Highly Dynamic
When the Department of Justice sued Google over search distribution in October 2020, ChatGPT did not exist. When the Federal Trade Commission sued Facebook two months later, TikTok had been available ...
Article
September 28, 2026
There Is No Tech Sector Today, Just the Economy
“[W]hen it comes [to] managing the growing might of the American tech industry, Washington has been ‘asleep at the switch.’” So claimed the former Representative David Cicilline, who introduce...
Article
September 24, 2026
Record-Breaking Tech Innovation, Investment, Entry and Business Formation in Recent Years
Critics of the technology sector have asserted in 2020 that digital markets are stagnant, closed to entry, and low on competitive investment and that AICOA is “critical to reversing these trends by ...
Article
September 22, 2026
New Jersey’s Monopsony Case Against Amazon Relies on an Indefensible Market Definition
An antitrust case in a labor market must answer one central question: where can these workers provide their labor? New Jersey’s August 4 complaint against Amazon, billed as the first monopsony condu...
Article
September 21, 2026
AICOA Would Import the Costs of the EU’s DMA to the U.S.
Washington rarely gets to see the results of a policy before enacting it. On ex-ante digital regulation, it can. The European Union’s Digital Markets Act (DMA) has been in force against designated â...