Publications: Ashley Johnson
May 15, 2024
Sunsetting Section 230 Will Make the Internet Worse for Everyone
In its current form, Section 230 allows for a diverse Internet ecosystem, allowing online services to moderate content in a way that best suits their needs and the needs of their users. It is highly unlikely that, in 18 months, Congress will come up with a better solution.
April 12, 2024
Review of the Proposed American Privacy Rights Act
In many regards, the proposed American Privacy Rights Act is a reasonable bipartisan compromise, though its draft language still has plenty of opportunities for fine-tuning and three provisions in particular that would have serious negative economic consequences if passed into law.
April 10, 2024
Privacy Bill Faceoff: Comparing the APRA and ADPPA
Recent history has demonstrated that any federal privacy bill faces an uphill battle toward becoming law. However, the vast similarities between the APRA and ADPPA are cause for cautious optimism.
March 18, 2024
Redefining Privacy Harms Would Unleash a Flood of Litigation
In recent years, the Federal Trade Commission (FTC) has aggressively scrutinized the tech sector, going after virtual reality, artificial intelligence, online marketplaces, and Internet service providers. Now in its latest case against data brokers, the FTC and the courts could change the definition of privacy harms, unleashing a flood of litigation and potentially undermining the data economy.
March 11, 2024
Comments Before the Federal Trade Commission Regarding the Children's Online Privacy Protection Rule
Protecting children’s privacy online is an important goal, especially given the continued lack of comprehensive federal privacy regulation in the United States. With a few minor changes to proposed provisions, the FTC’s updates to the COPPA rule would improve protections for children while ensuring operators of online services do not face overly burdensome requirements.
March 6, 2024
Updated Children’s Safety Bills Still Contain Serious Flaws
Though Congress is finally making progress on federal children’s online safety legislation with the Kids Online Safety Act (KOSA) and Children and Teens’ Online Privacy Protection Act (COPPA 2.0), they contain serious flaws that would threaten online free speech, privacy, and the digital economy.
February 20, 2024
How Congress Can Foster a Digital Single Market in America
In areas ranging from data privacy to content moderation, states are creating patchworks of regulation that confuse consumers, complicate compliance, and undermine the digital economy. It’s time for Congress to step in and establish a consistent national approach to digital policy.
February 16, 2024
Why Not Ban Everything Potentially Dangerous for Kids?
Effective protection for children online requires a combination of parental responsibility, industry standards, and regulation, not blanket restrictions and bans.
February 14, 2024
Joint Amicus Brief to the United States Court of Appeals for the Ninth Circuit in the Case of NetChoice v. Bonta
Starting from a young age, people use websites to express themselves, connect with others, and learn about a world beyond what they experience in their everyday lives. California’s AADC would completely upend this bustling marketplace of ideas.
February 6, 2024
Congress' Blame Game Won't Keep Children Safe Online
The Senate Committee on the Judiciary's most recent “Big Tech” hearing on online child sexual exploitation highlighted everything wrong with the current debate surrounding children’s online safety.