The OIRA Module: Published Research

Editor’s Note: See also  ABA AdLaw Section Summer Brownbag Series: Regulation of Social Media?

From: The Regulatory Review

Jeff Kosseff

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The second component, which has received less focus, states that online services shall not be held liable due to “any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.”

Editor’s Note: See Management of the Administrative State.

From: Brookings Institution

Sharece Thrower

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From: The Regulatory Review

Cary Coglianese

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When the U.S. Federal Trade Commission undertook a review of its performance some years ago, its Chairman recommended precisely such a portfolio approach: “The agency should view all of its matters as part of a portfolio that should be balanced across low-, medium-, and high-risk activities.” From an efficiency standpoint, of course, the balancing of risks per se is not what matters; the key is to balance the benefit-to-cost returns of regulating them, so as to maximize overall net benefits across the full suite of the regulator’s actions. The precise balance that will be efficient for any given regulator will vary based on the actual costs and benefits due to the types of problems and economic circumstances the regulator confronts.

From: Duke/DeWitt Wallace Center for Media & Democracy

Philip M. Napoli

ABSTRACT