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Perspectives From FSF Scholars
2019
No. 1: The FCC Should Employ Rebuttable Presumptions to Reduce Unnecessary Regulation, by Randolph J. May

No. 2:
Reconciling Administration and Constitutionalism in Early America, by Joseph Postell

No. 3:
Adopting Rebuttable Presumptions at the FCC, by Randolph J. May

No. 4:
Express and Conflict Preemption of State Net Neutrality Efforts, by Daniel A. Lyons

No. 5:
The FCC Should Stop Potential Liability for Smartphone Owners: The Ninth Circuit's Autodialer Decision Threatens Text Messaging Services, by Randolph J. May and Seth L. Cooper

No. 6:
FCC Report Indicates a Competitive Communications Marketplace: Future Reports Should Make Cross-Platform Substitution Findings, by Seth L. Cooper

No. 7:
The Race for Global 5G Leadership: Where Are We Now? by Gregory J. Vogt

No. 8:
Thinking the Unthinkable – Part IV, by Randolph J. May

No. 9:
Protecting Privacy on the Internet: Key Principles for Any Reform, by Theodore R. Bolema

No. 10:
Thinking the Unthinkable – Part V, by Randolph J. May

No. 11:
The Strange and Fascinating Save the Internet Act, by Daniel T. Deacon

No. 12:
Trade Agreements Should Include Stronger Online Copyright Protections, by Seth L. Cooper

No. 13:
Getting to "Yes" on Allocating Identified 5G Mid-Band Spectrum, by Gregory J. Vogt

No. 14:
State Net Neutrality Mandates and the Dormant Commerce Clause: Some Preliminary Thoughts, by Daniel A. Lyons

No. 15:
A Tale of Two Administrations: Prying Valuable 5G Spectrum from Government Hands, by Gregory J. Vogt

No. 16:
The DOJ Needs to Reconsider Market Definition for Advertising Markets, by Theodore R. Bolema

No. 17:
A Free Market Approach Should Be Used to Reallocate C-Band Spectrum, by Randolph J. May and Gregory J. Vogt

No. 18:
The FCC (and Administrative Law) at the Supreme Court, October Term 2018, by Christopher J. Walker

No. 19:
D.C. Circuit Decision Represents Setback to Next-Generation Network Deployment Efforts, by Daniel A. Lyons

No. 20:
Reforming the FCC's Internet Protocol Captioned Telephone Service Program, by Randolph J. May

No. 21:
Volition Has No Role to Play in Determining Copyright Infringements, by Randolph J. May and Seth L. Cooper

No. 22:
Progressivism and the Beginnings of the True Administrative State, by Joseph Postell

No. 23:
The FCC Should Halt Bogus Lawsuits Threatening Popular Texting Services, by Seth L. Cooper

No. 24:
Resurgence in Broadband Deployment Vindicates FCC's Pro-Investment Policies, by Seth L. Cooper

No. 25:
Streamlining Adjudications at the FCC, by Randolph J. May


2018
No. 1: A Case of Hypocrisy - Government Network Censors Support Net Neutrality for Private ISPs, by Enrique Armijo

No. 2:
Why Consumers Won’t Be Left Unprotected, by Randolph J. May and Seth L. Cooper

No. 3:
Maryland Is Undergoing Meaningful Regulatory Reform, by Randolph J. May and Michael J. Horney

No. 4:
A Critical Assessment of Harvard's “Community-Owned Fiber Networks: Value Leaders in America” Study, by Theodore R. Bolema and Michael J. Horney

No. 5:
State Executive Orders Reimposing Net Neutrality Regulations Are Preempted by the Restoring Internet Freedom Order, by Seth L. Cooper

No. 6:
The Proper Context for Assessing the AT&T/Time Warner Merger, by Theodore R. Bolema

No. 7: Chevron and Net Neutrality at the FCC, by Randolph J. May


No. 8: Modernizing Civil Copyright Enforcement for the Digital Age Economy - The Need for Notice-and-Takedown Reforms and Small Claims Relief, by Randolph J. May and Seth L. Cooper

No. 9:
FCC Back on Track Promoting Broadband Deployment to All Americans, by Seth L. Cooper

No. 10:
Reaching Rural America: Free Market Solutions for Promoting Broadband Deployment, by Michael J. Horney

No. 11:
A Critique of the ACLU’s “Public Internet Option” Study, by Theodore R. Bolema

No. 12: Just a Shadow of the Old ACLU, by Randolph J. May and Theodore R. Bolema

No. 13: Bureaucracy in America: A Constitutional Approach to Administration, by Joseph Postell

No. 14: World IP Day – An Opportune Time to Modernize Music Copyright Protections, by Randolph J. May and Seth L. Cooper

No. 15:
Copyrights and Patents, Piracy and Theft, by Randolph J. May and Seth L. Cooper

No. 16: Free Market Policy Prescriptions for the Internet of Things, by Seth L. Cooper

No. 17:
Why Economists Consistently Support Free Trade Policies, by Theodore R. Bolema

No. 18:
The Net Neutrality CRA Would Remove FTC Privacy Protections, by Randolph J. May

No. 19:
The Framers Establish an Administrative Constitution, by Joseph Postell

No. 20:
Woodrow Wilson’s Case Against the Constitution, by Randolph J. May

No. 21:
Spectrum Above 95 GHz: An Opportunity to Implement a Property Rights-Oriented Approach, by Theodore R. Bolema

No. 22:
The Congressional Review Act and the Toxic Politics of Net Neutrality, by Daniel A. Lyons

No. 23:
Modernizing Criminal Copyright Law to Combat Online Piracy, by Randolph J. May and Seth L. Cooper

No. 24:
After AT&T/Time Warner, Antitrust Authorities Should Abandon Their Craft, by Randolph J. May & Theodore R. Bolema

No. 25:
Big City Municipal Broadband: Repackaging Net Neutrality Arguments Won’t Fly, by Theodore R. Bolema and Michael J. Horney

No 26:
T-Mobile/Sprint Merger Could Fast-Forward Mobile Consumers to the 5G Future, by Seth L. Cooper

No. 27:
T-Mobile/Sprint Merger Offers Public Interest Benefits: Likely Presents a Fast Track to 5G, by Randolph J. May and Seth L. Cooper

No. 28: Judge Kavanaugh and the 'Chevron Deference,’ by Randolph J. May

No. 29:
FCC’s Proposals Promoting Infrastructure Deployment Don’t Violate Anti-Commandeering Rule, by Seth L. Cooper

No. 30:
California Privacy Law Will Increase the Cost of Accessing Online Content, by Michael J. Horney

No. 31:
Deregulating the Video Marketplace, by Randolph J. May

No. 32:
Judge Brett Kavanaugh’s Views on Chevron Deference at the FCC and Beyond, by Christopher J. Walker

No. 33:
Why Google's Search Results Must Not Be Regulated, by Randolph J. May

No. 34:
California Net Neutrality Bill Would Stifle Network Investment, by Randolph J. May and Michael J. Horney
No. 35: A Constitution Day Call to Strengthen Copyright Protection, by Randolph J. May and Seth L. Cooper
No. 36: No Evidence Open Internet Order's Repeal Has Affected Internet "Throttling," by Theodore R. Bolema
No. 37:  Maintaining the Constitution's Separation of Powers, by Randolph J. May

No. 38: John Marshall's Jurisprudence Supports the FCC's 5G Preemption Order, by Randolph J. May and Seth L. Cooper

No. 39: The DOJ’s Rather Unusual AT&T/Time Warner Merger Appeal, by Theodore R. Bolema

No. 40: E-Rulemaking and the Politicization of the Comment Process, by Daniel A. Lyons

No. 41: John Marshall's Jurisprudence Supports Preemption of California Law Regulating Broadband Internet Services, by Randolph J. May and Seth L. Cooper

No. 42: Modernizing International Agreements to Combat Copyright Infringement, by Randolph J. May and Seth L. Cooper

No. 43: Revisiting the Comcast/NBCU Merger: Antitrust Claims Have Even Less Merit Than in 2011, by Theodore R. Bolema

No. 44: Putting Today's Mobile Broadband Marketplace in Context, by Randolph J. May and Michael J. Horney

No. 45: D.C. Circuit Skeptical of AT&T/Time Warner Merger Appeal, by Theodore R. Bolema


2017
No. 1: A Proposal for Improving the FCC’s Regulatory Reviews, by Randolph J. May and Seth L. Cooper

No. 2:
Regulatory Reform in Maryland - A Good Start but More Work to Do, by Randolph J. May

No. 3:
CenturyLink/Level 3 Merger Should Bring Pro-Competitive Public Benefits, by Seth L. Cooper

No. 4:
A Proposal for Improving the FCC’s Forbearance Process, by Randolph J. May and Seth L. Cooper

No. 5:
A Proposal for Reforming the FCC’s Video Competition Policy, by Randolph J. May and Seth L. Cooper

No. 6:
A Proposal for Improving the FCC’s Regulations Impacting Small Businesses, by Randolph J. May and Seth L. Cooper

No. 7:
A Proposal for Spurring New Technologies and Communications Services, by Randolph J. May and Seth L. Cooper

No. 8:
6 Ways Chairman Pai Can Stop FCC Overreach, by Randolph J. May and Seth L. Cooper

No. 9:
A Proposal for Improving the FCC’s Merger Review Process, by Randolph J. May

No. 10:
The Right Way to Protect Privacy Throughout the Internet Ecosystem, by Daniel A. Lyons

No. 11:
Understanding Why More Regulation Means Less Investment, by Theodore R. Bolema

No. 12:
Preserving a Lifeline to Close the Digital Divide, by Randolph J. May

No. 13:
Too Much Unnecessary Regulation Is Impeding Telecom Investment, by Theodore R. Bolema

No. 14:
Protect Intellectual Property Rights on World IP Day – and Every Day, by Randolph May and Seth Cooper

No. 15:
Now Is the Time for MOBILE NOW, by Gregory J. Vogt

No. 16: Allow Paid Prioritization on the Internet for More, Not Less, Capital Investment, by Theodore R. Bolema

No. 17:
Restoring Internet Freedom: Rolling Back “Net Neutrality” Will Restore Innovation to Broadband Transmission, by Randolph J. May

No. 18:
FCC Return to 'Light Touch' Regulation Would Encourage Capital Investment, by Theodore R. Bolema and Michael J. Horney

No. 19:
The Common Purposes of Intellectual Property and Antitrust - Promoting Creative and Innovative Output, by Randolph J. May and Seth L. Cooper

No. 20:
When You Think Infrastructure, Think FCC, by Randolph J. May

No. 21:
The Problem with Municipal Broadband and Solutions for Promoting Private Investment, by Theodore R. Bolema and Michael J. Horney

No. 22:
An Internet Plebiscite: Putting Public Pressure on the FCC Won’t Produce Better Communications, by Randolph J. May

No. 23: An Assessment of the FCC’s Proposal to Conduct a Cost-Benefit Analysis, by Theodore R. Bolema

No. 24:
D.C. Circuit Ruling Supports FCC’s Use of Deregulatory Presumptions, by Randolph J. May and Seth L. Cooper

No. 25: Why Municipalities Should Stop Trying to Subsidize Broadband Access, by Theodore R. Bolema and Michael J. Horney

No. 26:
The Danger Posed by the Growing Administrative State: The Cost of Regulations Is Almost Always Underestimated and Innovation Is Stifled, by Randolph J. May

No. 27:
Antitrust Provides a More Reasonable Framework for Net Neutrality Regulation, by Joshua D. Wright

No. 28:
Real Progress in Regulatory Reform, by Randolph J. May

No. 29:
What Do Economists Know About Net Neutrality Regulation - Quite a Lot, and the FCC Should Pay Attention, by James E. Prieger

No. 30:
MOBILE NOW and AIRWAVES Create an Essential Spectrum Pipeline: Free Market Principles Should Guide Spectrum Policy, by Gregory J. Vogt

No. 31:
Toll-Free Assignment Modernization and the Triumph of Coase, by Daniel A. Lyons

No. 32:
Recent Claims of Internet “Throttling” Do Not Justify a Bright-Line Ban, by Theodore R. Bolema

No. 33:
INCOMPAS Mischaracterizes FSF’s Cost-Benefit Analysis Comments, by Theodore R. Bolema

No. 34:
Ignoring the Inconvenient Truth of Effective Wireless Competition, by Seth L. Cooper and Michael J. Horney

No. 35:
The FTC Has the Authority, Expertise, and Capability to Protect Broadband Consumers, by Theodore R. Bolema

No. 36: Net Neutrality Regulation, Investment, and the American Internet Experience, by James E. Prieger

No. 37:
Modernizing the Copyright Office for the Digital Age Economy, by Randolph J. May and Seth L. Cooper

No. 38:
Remove Barriers to Broadband Deployment, by Theodore R. Bolema

No. 39:
It's Time for the FCC to Relinquish Control of Media Ownership, by Randolph J. May and Seth L. Cooper

No. 40:
Revisiting Net Neutrality, by Daniel A. Lyons

No. 41:
Chevron Deference at the FCC – An Empirical Assessment from the Circuit Courts, by Christopher J. Walker

No. 42:
Why America Needs an Updated Communications Act, by Randolph J. May and Seth L. Cooper

No. 43:
The Justice Department Will Need a Stronger Case Against the AT&T/Time Warner Merger, by Randolph J. May and Theodore R. Bolema

No. 44:
AT&T-Time Warner Suit a First, by Theodore R. Bolema

No. 45:
Reactions to the FCC’s Restoring Internet Freedom Draft Order, by Babette E. Boliek, Timothy J. Brennan, Michelle P. Connolly, Robert W. Crandall, Richard A. Epstein, Justin (Gus) Hurwitz, Daniel A. Lyons, James E. Prieger, Christopher J. Walker, and Christopher S. Yoo

No. 46:
Unalienable Rights and Alienable Intellectual Property – Why “Moral Rights” Should Not Be Imported into U.S. Copyright Law, by Randolph J. May and Seth L. Cooper

No. 47:
The Sunshine Act and Transparency at the FCC, by Randolph J. May

No. 48:
The FCC’s Defining Case for Repealing Internet Regulations, by Seth L. Cooper

No. 49:
Fred Kahn at 100 - A Brief Look Back at the Man and the Principles He Championed, by Dennis L. Weisman


2016
No. 1: Usage-Based Pricing, Zero Rating, and the Future of Broadband Innovation, by Daniel A. Lyons

No. 2: A New Year’s Wish for the FCC for 2016: Exhibit More Regulatory Modesty! by Randolph J. May

No. 3:
The Logic of International Intellectual Property Protection, by Randolph J. May and Seth L. Cooper

No. 4: Achieving Efficient Government and Regulatory Reform in Maryland, by Randolph J. May and Michael J. Horney

No.5:
Wireless Report Data Undermine the FCC’s Rationale for Regulation, by Seth L. Cooper

No. 6: Internet Freedom That Isn’t: FCC Vows Not To Meddle with Innovation and Rates Ring Hollow, by Randolph J. May

No. 7:
Protecting Global IP Rights Is an Economic Imperative, by Randolph J. May and Seth L. Cooper

No. 8:
FCC's 'Permission-Denied' Policy for Video Devices Is Wrong, by Randolph J. May and Seth L. Cooper

No.9:
George Washington: Indispensable to Intellectual Property Rights in America, by Randolph J. May and Seth L. Cooper

No. 10:
FCC’s Cognitive Dissonance Leads to Regulatory Policy Run Amok, by Randolph J. May

No. 11: The MOBILE NOW Act: An Important Step Forward, by Gregory J. Vogt


No. 12:
The FCC’s Flawed Understanding of Competition, by Randolph J. May

No. 13:
The Public Contract Basis of Intellectual Property Rights, by Randolph J. May and Seth L. Cooper

No. 14: Copyright 'Notice and Takedown' System Needs Fixing, by Randolph J. May and Seth L. Cooper

No. 15:
It’s Time for U.S. Leadership Regarding Zero-Rating and Similar Programs, by Randolph J. May and Gregory J. Vogt

No. 16:
Video Report Data Undermine the FCC’s Rationale for New Device Regulation, by Seth L. Cooper

No. 17:
The FCC Cannot Proceed in the BDS Proceeding with a Flawed Analysis, by Michael J. Horney

No. 18:
Free State Foundation Scholars React to the D.C. Circuit's Decision on the Open Internet Order, by Seth Cooper, Gus Hurwitz, Daniel Lyons, and Richard Epstein

No. 19:
With Last-Minute Regulations, FCC Has Its Eye on the Clock, by Randolph J. May

No. 20:
Music MegaStars Sing the Right Note  on Copyright Reform, by Randolph J. May and Seth L. Cooper

No. 21:
Net Neutrality’s Path to the Supreme Court: Chevron and the “Major Questions” Exception, by Daniel A. Lyons

No. 22:
Is the Open Internet Order an “Economics-Free Zone”? by Tim Brennan

No. 23:
FCC's Vague "General Conduct" Standard Deserves Closer Legal Scrutiny, by Seth L. Cooper

No. 24:
The FCC Is Poised to Achieve a Major Milestone Advancing 5G Wireless Services, by Gregory J. Vogt

No. 25:
Our Divisive Times: What Would Madison Say? by Randolph J. May

No. 26:
The FCC’s Special Access Proposal Is Infected With Special Pleading, by Randolph J. May and Seth L. Cooper

No. 27:
Liberty of Contract and the Free Market Foundations of Intellectual Property, by Randolph J. May and Seth L. Cooper

No. 28:
FCC Privacy Rules Would Harm Consumers by Creating Barriers for ISP Advertising, by Michael J. Horney

No. 29:
Can a Single Building Really Be Its Own BDS Market? by Tim Brennan

No. 30:
Rescuing Broadband from Government Interference: The FCC Overstepped in Allowing Municipalities to Own Networks, by Seth L. Cooper

No. 31:
The FCC’s Internet Access Report Ignores Broadband Market Realities, by Seth L. Cooper and Michael J. Horney

No. 32:
FCC Chairman Tilts the Seesaw Toward Regulation, by Randolph J. May

No. 33:
The FCC's Regulatory Barrage Imperils Broadband's Future, by Seth L. Cooper

No. 34:
FCC's New Regulations Threaten Broadband Investment, by Seth L. Cooper

No. 35:
Wireless Report Evidence of Effective Competition Contradicts the FCC’s Pro-Regulatory Agenda, by Seth L. Cooper

No. 36:
Avoid Creating Ruts in the 5G Runway: The Potential Pitfalls of the Spectrum Frontiers Proceeding, by Gregory J. Vogt

No. 37:
In Defense of Vagueness, by Jonathan Blake

No. 38:
Response: In Defense of Vagueness, by Seth L. Cooper

No. 39: Intellectual Property Rights and Compulsory Licensing: A First Principles Approach to Reform, by Randolph J. May and Seth L. Cooper

No. 40:
Proposed BDS Rate Controls Are Anti-Investment, Arbitrary, and Fact-Challenged, by Seth L. Cooper

No. 41:
A Blueprint for Trump Communications Reform: Unnecessary Regulations Should Be Switched Off, by Randolph J. May

No. 42:
Proposed Arbitration Ban Would Be Bad Law and Bad Policy, by Daniel A. Lyons

No. 43:
How the FCC Can Eliminate Unnecessary Regulations, by Seth L. Cooper

No. 44:
Focusing on Communications Infrastructure Development - Completing the Incomplete Obama Administration Spectrum Report Card, by Randolph J. May and Gregory J. Vogt

No. 45:
Remarks of Daniel Lyons at FSF’s Tenth Anniversary Gala Luncheon, by Daniel A. Lyons

No. 46:
One Obama Executive Order That Makes Sense: A Mandate to Trim Outmoded Rules Is One Trump Should Keep, by Randolph J. May


2015

No. 1:
A Question for 2015: Is the FCC Unlawful? by Randolph J. May

No. 3:
Is the FCC Unlawful? by Randolph J. May

No. 4: Market Forces, Not Gaming, Should Govern the Incentive Auction, by Gregory J. Vogt

No. 5: Defining Broadband Progress Down, by Randolph J. May

No. 6:
Don't Let Governments Own the Internet's Future, by Seth L. Cooper

No. 7:
Regulating Under the Influence: The FCC’s Title II Initiative for Broadband, by Dennis L. Weisman

No. 8:
The FCC’s Coming Internet Regulations - Obama’s Wishes Supersede Agency Independence, by Randolph J. May

No. 9:
Regulating the Most Powerful Network Ever, by Justin (Gus) Hurwitz

No. 10: Regulation Won’t Preserve a Dynamic and “Open” Internet, by Robert W. Crandall

No. 11: Municipal Broadband Networks Present Serious First Amendment Problems, by Enrique Armijo

No. 12: Title II Reclassification Is Rate Regulation, by Daniel A. Lyons

No. 13:
Is the FCC Lawless? by Randolph J. May

No. 14: Regulating Net Neutrality: Who Will the FCC Really “Protect”? by Robert W. Crandall

No. 15: FCC Should Adopt the Deregulatory Proposal for Local Cable Rates, by Seth L. Cooper

No. 16:
Is the Internet's Future One of Innovation or Government Control? by Randolph J. May

No. 17:
The Research is Clear: The U.S. Invests More in Broadband Than Europe, by Michael J. Horney

No. 18:
Why Chevron Deference May Not Save the FCC’s Open Internet Order – Part I, by Randolph J. May

No. 19:
Why Chevron Deference May Not Save the FCC’s Open Internet Order – Part II, by Randolph J. May

No. 20:
Regulating Interconnection (Lightly!), by Daniel A. Lyons

No. 21:
FCC Should Be Clear and Consistent on Effective Competition in Wireless Market, by Seth L. Cooper

No. 22:
Eight Takeaways From the FTC’s Sharing Economy Workshop, by Michael J. Horney

No. 23: Chevron Decision’s Domain May Be Shrinking, by Randolph J. May

No. 24:
Keeping Up with the Market: The Urgent Need for More Spectrum, by Gregory J. Vogt

No. 25:
The Future of Spectrum Policy, by Randolph J. May

No. 26:
Avoiding a Train Wreck: Giving Government a Market Incentive to Vacate Spectrum, by Gregory J. Vogt

No. 27:
The FCC Flouts the Rule of Law, by Randolph J. May

No. 28:
Challenging the FCC’s Unlawful Open Internet Order, by Justin (Gus) Hurwitz

No. 29:
Charter-Time Warner Cable Merger Promises Consumer Benefits: Should Boost Broadband and Competition, by Seth L. Cooper

No. 30:
FCC Should Finally Sunset Its VCR-Era Video Device Regulations, by Seth L. Cooper

No. 31:
Why Intellectual Property Rights Matter - The Founders Believed Ownership of One’s Labor Is a Natural Right, by Randolph J. May and Seth L. Cooper

No. 32:
Lincoln, Labor and Intellectual Property Rights, by Randolph J. May and Seth L. Cooper

No. 33:
Appreciating Intellectual Property Rights on Constitution Day, by Randolph J. May and Seth L. Cooper

No. 34: The Crucial Spectrum Mission Is Far From Accomplished, by Gregory J. Vogt

No. 35: The Constitutional Foundations of Intellectual Property, by Randolph J. May and Seth L. Cooper

No. 36:
Municipal Broadband Networks in Court: Why Is the FCC Ignoring First Amendment Violations? by Enrique Armijo

No. 37:
The Great Digital Broadband Migration – and Communications Policy Today, by Randolph J. May

No. 38:
The Copyright Alliance That Shaped Our Constitution, by Randolph J. May and Seth L. Cooper

No. 39:
Net Neutrality, Administrative Procedure, and Presidential Overreach, by Enrique Armijo

No. 40: The FCC, Still Lawless, by Randolph J. May

No. 41: The Administrative Process, the Legislative and Executive Branches, Net Neutrality, and Disclosure, by Jonathan Blake

No. 42:
Response: The Administrative Process, the Legislative and Executive Branches, Net Neutrality, and Disclosure, by Enrique Armijo


2014


No. 1: Obama's War on Inequality Presaged by De Tocqueville, by Randolph J. May


No. 2: A New Digital Age Communications Act: Regulations Should Reflect Marketplace Changes, by Randolph J. May

No. 3: Five Faulty Premises in Telecom Policy Debates, by Justin (Gus) Hurwitz

No. 5: Some Initial Reflections on the D.C. Circuit's Verizon v. FCC Net Neutrality Decision, by Christopher S. Yoo

No. 6: The Problem With Net Neutrality: Internet Regulation Is a Losing Gambit for a Fast Moving, Innovative Industry, by Richard A. Epstein

No. 7: Regulation in a Digital Age: We Need to Move from Regulations Crafted in 1934 to Ones Crafted for 2034, by Randolph J. May

No. 8: A Costly Affair: Retaining Outdated Set-top Box Mandates?, by Sarah K. Leggin

No. 9: Cable Merger Shows How Legacy Language Leads to Outdated Policy, by Randolph J. May

No. 10: FCC Preemption of State Bans on Municipal Broadband Networks Is Most Likely Unlawful, by Seth L. Cooper

No. 11: Peering into the Comcast-Netflix Deal, by Daniel A. Lyons

No. 12: FCC, Broadband and Fallacy of Government 'Competition': Municipal Operations Would Have an Unfair Advantage Over Private Enterprise, by Randolph J. May
 


No. 13: Obama May Give Internet Control to ‘Global Community’: Authoritarians Eager to Pick Up What U.S. Gives Up, Freeing the Internet for Censorship, by Randolph J. May


No. 14: States Can Promote Next-Generation Wireless by Removing Regulatory Barriers, by Seth L. Cooper

No. 15: McCutcheon Decision Shows Supreme Court Split on Individual Free Speech Versus 'Collective Voice,' by Randolph J. May

No. 16: Getting Risk and Reward Right in the Incentive Auction, by Gregory J. Vogt

No. 17: Use Your Lifeline: Lifeline and the Lifeline Broadband Pilot Program Can Support the IP Transition, by Sarah K. Leggin

No. 19: Return of the 'Net Neutrality' Scheme: Regulation Backers Are Turning Up the Volume for Internet Regulation, by Randolph J. May

No. 20: The Comcast/Time Warner Cable Deal: Keep the Focus on the Consumer Welfare Benefits, by Seth L. Cooper

No. 21: U.S. vs. European Broadband Deployment: What Do the Data Say? by Christopher S. Yoo

No. 22: Compelled Disclosure of Internet Interconnection Agreements Creates Anticompetitive Risks, by Daniel A. Lyons

No. 23: FCC Should Not Presume It Can Regulate the Internet, by Randolph J. May

No. 24: Sharing the Road: When Hogging Spectrum Lanes Requires Redirecting Government Traffic, by Gregory J. Vogt

No. 26: The Sharing Economy: A Positive Shared Vision for the Future, by Randolph J. May and Michael J. Horney

No. 27: The FCC Shouldn't Go Down the Primrose (Preemption) Path, by Randolph J. May

No. 28: Happy 30th Anniversary, Chevron!, by Randolph J. May

No. 29: Net Neutrality v. Consumers, by Randolph J. May

No. 30: Happy 30th Anniversary, Chevron - Part II, by Randolph J. May

No. 32: Thinking the Unthinkable: Imposing the "Utility Model" on Internet Providers, by Randolph J. May

No. 33: Court Ruling Reaffirming State Copyright Protections Should Prompt Congress to Consider RESPECT Act, by Seth L. Cooper

No. 34: Don't Convert Internet Providers into Public Utilities, by Randolph J. May

No. 35: FCC Must Quit Twisting Section 706 Reports, by Seth L. Cooper

No. 36: Open Internet and the Law, or Removing the Cart from Afore the Horse, by Justin (Gus) Hurwitz

No. 37: Endless Craving for Internet Control, by Seth L. Cooper

No. 39:
Hands Off the Web, by Richard A. Epstein

No. 40: “Where’s the Beef?” by Deborah Taylor Tate

No. 41:
Obama's Involvement Jeopardizes FCC's Net Neutrality Efforts, by Randolph J. May

No. 42: FCC Internet Regulation Would Hit Consumers with Hidden Fees, by Seth L. Cooper

No. 43:
Title II Would Not Just Harm Consumers, It Would Harm Workers Too, by Michael J. Horney

No. 44:
U.S. Net Neutrality Campaign Enables Foreign Governments' Internet Control, by Randolph J. May
 

2013

No. 1: Regulators Can’t Be Trusted to Self-Regulate - High Court Can Halt Expansion of Administrative State, by Randolph J. May
 

No. 2: A Mobile Device Is Not Your Grandmother's Telephone Anymore: It's A Mobile Health Center, by Deborah Taylor Tate
 

No. 3: Reforming the FCC's Processes for Digital Age Effectiveness and Efficiency, by Deborah Taylor Tate
 

No. 4: Maryland Must Improve Its Economic Climate to Realize Broadband Benefits, by Seth L. Cooper


No. 5: A Recent Appeals Court Ruling on Ancillary Power Limits Could Curb Regulatory Overreach, by Seth L. Cooper
 

No. 6: The Perilous Position of the Rule of Law and the Administrative State, by Richard A. Epstein
 

No. 7: Sharing Licensed Spectrum with Government Lessens Prospects for Wireless Broadband, by Seth L. Cooper
 

No. 8: A Chairman – or Chairwoman – of Restraint, by Deborah Taylor Tate
 

No. 9: The Challenge of VoIP to Legacy Federal and State Regulatory Regimes, by Daniel A. Lyons
 

No. 10: 'Broadband Tax' Will Stifle Investment in TN, by Deborah Taylor Tate
 

No. 11: "Low-Ranking" Counterproductive Video Regulations Offer Valuable Lessons, by Donna Coleman Gregg
 

No. 12: Convergent Market Calls for Serious Intermodal Competition Assessments, by Seth L. Cooper


No. 14: A Historian for the FCC, by Randolph J. May
 

No. 15: A La Carte Cable by Demand, by Randolph J. May 


No. 16: The Case for Program Carriage Reform, by Randolph J. May and Seth L. Cooper

No. 18: FCC Must Maintain Open Eligibility for Incentive Spectrum Auction, by Seth L. Cooper 

No. 21: Section 706's Deregulatory Directive: Accelerate Broadband by Removing Regulatory Barriers, by Seth L. Cooper
 

No. 22: Let Them Eat Cake and Watch Netflix, by Justin (Gus) Hurwitz


No. 23: Proposals Like the AT&T/Leap Merger Promise Consumer Benefits, by Seth L. Cooper


No. 24: No Picking Favorites: The Proper Approach to the Upcoming Incentive Auction, by Sarah K. Leggin


No. 25: Two Sides of the Internet’s Two-Sidedness: A Consumer Welfare Perspective, by Justin (Gus) Hurwitz


No. 26: Consumers Would Benefit from Deregulating the Video Device Market, by Seth L. Cooper
 

No. 27: Finally, A Chance for Bipartisan Agreement: The Permanent Internet Tax Freedom Act, by Sarah K. Leggin
 

No. 28: Why the FCC Needs to Get With the Times, Finally, by Randolph J. May


No. 29: It’s Time to Remove the Costly Integration Ban, by Sarah K. Leggin


No. 30: When Is an Incentive Not an Incentive? by Gregory J. Vogt


No. 31: Cooperative Federalism and the IP Transition: The Need to Clarify Federal Jurisdiction Over IP-based Services, by Sarah K. Leggin

No. 32: Consumer Welfare as the New Cornerstone for Communications Policy: The FCC Should Focus on Efficient Market Processes That Benefit Consumers, by Seth L. Cooper


No. 33: Will High Retransmission Consent Fees Hamper a Successful Incentive Auction? by Randolph J. May and Gregory J. Vogt

No. 34: Restoring Limits on the FCC's Ancillary Authority, by Daniel A. Lyons

No. 35: Less Is Not Necessarily More, by Sarah K. Leggin 


2012


No. 1: Applying Hayekian Principles to Communications Policy, by Randolph J. May

No. 2: Overhauling the Communications Act: Free Market Reform for the 21st Century, by Randolph J. May

No. 3: Re-Reforming Telecom Regulation: Power-Grabbing Bureaucracy Undermined 1996 Effort, by Randolph J. May

No. 4: Stifling the Spectrum Market: The Negative Implications of the AT&T/Qualcomm Order, by Seth L. Cooper

No. 5: Spectrum Auctions and Communications Policy Reform, by Randolph J. May


No. 6: The First Amendment for the Digital Age: A Case for Treating Modern Technologies Equally, by Seth L. Cooper

No. 7: 4G Wireless Networks Need Relief from Cell Siting Barriers: Economy Would Benefit Through New Jobs and Investment, by Seth L. Cooper

No. 8: Repurposing The FCC, by Randolph J. May

No. 9: Any New Privacy Regime Should Mean an End to FCC Privacy Powers, by Randolph J. May and Seth L. Cooper


No. 10: AAI's False Alarms About Wireless Ring Hollow, by Seth L. Cooper


No. 11: Digital Downloads Should Be Protected from Discriminatory and Duplicate Taxes, by Seth L. Cooper


No. 12: Accelerate New Video Breakthroughs by Rolling Back Old Regulations, by Randolph J. May and Seth L. Cooper
 

No. 13: If Communications Policy Were a Campaign Issue, by Randolph J. May


No. 14: Questioning the Premises of DOJ's Usage-Based Pricing Investigation, by Seth L. Cooper No. 15: The FCC and the Rule of Law, by Randolph J. May

No. 16: Sledgehammering the False Narrative For Regulating Broadband Internet, by Seth L. Cooper


No. 17: FCC Over-Regulation of Video Services Undermines Free Speech, by Seth L. Cooper

No. 18: The FCC Should Conform to Rule of Law Norms, by Randolph J. May

No. 19: The FCC's Mobile Data Inquiry: No New Privacy Regulation Needed, by Seth L. Cooper


No. 20: The FCC’s Barrier Study - Back to the 'Future of Media' and Media Ownership? , by Donna Coleman Gregg


No. 21: Don't Neuter The First Amendment In The Digital Age, by Randolph J. May


No. 22: Jose Mas Builds American Dream, by Deborah Taylor Tate


No. 23: Regulatory Forbearance and the Rule of Law - The FCC's Arbitrary and Capricious Obstruction of Deregulation, by Seth L. Cooper


No. 24: A Failure to Communicate at the FCC, by Randolph J. May


No. 25: FCC's Video Report Reveals Disconnect Between Market's Effective Competition and Outdated Regulation, by Seth L. Cooper

No. 26:  Keep Online Video Free from FCC Regulation, by Seth L. Cooper

No. 27: The Psychology of Abundance and the Realities of Regulatory Micromanagement, by Randolph J. May


No. 28: Help Teach Our Teens Not to Text and Drive, by Deborah Taylor Tate

No. 29: Spectrum Rules for Reducing Uncertainty Must Reject Unduly Regulatory FCC Precedents, by Seth L. Cooper


No. 30: AllVid Regulation Risks Harm to Next-Generation Video Innovation, by Seth L. Cooper


No. 31: Vindicating A Voluntary Process For Protecting Digital Privacy, by Seth L. Cooper


No. 32: Why Broadband Pricing Freedom Is Good For Consumers, by Daniel A. Lyons


No. 33: City of Arlington v. FCC: Questioning an Agency's Authority to Determine Its Own Jurisdiction, by Jonathan H. Adler

No. 34: Putting Music Copyright Policy on a Free Market Footing, by Seth L. Cooper


No. 35: Businesses, Consumers Need a Break on Wireless Taxes - Cellular Service Is a Necessity, But It's Taxed Like a Luxury, by Seth L. Cooper 
 


2011


No. 1: The FCC Risks Over-Conditioning the Comcast-NBCU Merger, by Randolph J. May


No. 2: Lessons for Modern Regulators from Hippocrates, Schumpeter and Kahn, by Dennis L. Weisman and Glen O. Robinson

No. 3:
Property, Regulatory Policy, or Hybrid? The Elusive Status of Intellectual Property, by Richard A. Epstein

No. 4: 
Opening the Internet to Regulation: Assessing Risks of the FCC's Failure to Limit Its New Powers, by Seth L. Cooper

No. 5:
Opening the Internet to Regulation II: How Set-Top Box Merger Conditions Foreshadow Broadband Content Controls, by Seth L. Cooper

No. 6:
Violent Games Marketed To Kids: 'M'-Rated Products Show Up On Teen Channels, by Deborah Taylor Tate

No. 7:
The FCC and the Unfair Market for TV Program Rights, by Bruce M. Owen

No. 8:
The AllVid Proposal's First Amendment Problem: Exploring the FCC's Constitutionally Defective Device Regulation, by Seth L. Cooper

No. 9:
Children's Use of Technology Demands Our Attention, by Deborah Taylor Tate

No. 10:
A Modest Proposal for FCC Regulatory Reform, by Randolph J. May

No. 11:
Rolling Back Regulation at the FCC: How Congress Can Let Competition Flourish, by Randolph J. May

No. 12:
There Are Too Few Positive Media Role Models for Children, by Deborah Taylor Tate

No. 13: 
Tethering the FCC: The Case Against Chevron Deference for Jurisdictional Claims, by Daniel A. Lyons

No. 14: FCC Should Reprogram its Program Carriage Regulation: Giving the First Amendment Its Due Respect, by Seth L. Cooper

No. 15: MMTC and Clear Channel Continue to Work Toward Greater Media Diversity, by Henry Rivera and Deborah Taylor Tate

No. 16: FCC Should Stop Refusing to Acknowledge Wireless Competition
, by Seth L. Cooper

No. 17: Section 652 Cross-Ownership Ban Shouldn't Apply to Cable Operators and CLECs, by Seth L. Cooper

No. 18: The Future of Media Report: When Future Success Requires Abandoning Past Regulatory Failures, by Donna Coleman Gregg

No. 19: FCC's Proposed "AllVid" Regulation Ill-Suited to Today's Dynamic Market, by Seth L. Cooper

No. 20: Join Dialogue on Healthy Images for Women, Girls, by Deborah Taylor Tate

No. 21:
Abolish Access Charges Now, by Gerald W. Brock

No. 22: 
New FCC Regulations Reduce Investment and Hinder Job Creation, by Randolph J. May and Seth L. Cooper

No. 23: Constitution Day at the FCC - 2011, by Randolph J. May

No. 24: Schools Enter Digital Conversation: Educating Kids On Social Networking Is Best Solution, by Deborah Taylor Tate

No. 25: It's the Consumer, Stupid, by Randolph J. May

No. 26: The Department of Justice's Case Against the AT&T/T-Mobile Merger: A Faulty Static Marketplace Vision, by Randolph J. May and Seth L. Cooper

No. 27:  The First Amendment Future of Modern Media and Political Campaign Speech Regulation, by Seth L. Cooper

No. 28: Proposed FCC Incentive Spectrum Auctions: The Importance of Re-Optimizing Spectrum Use, by Michelle Connolly


No. 29: Taxing Ad Affiliate Internet Sales Would Be Maryland's Mistake, by Seth L. Cooper


No. 30: The FCC Should Keep Broadband Free From Analog-Era Outage Regulations, by Seth L. Cooper

No. 31: Build Back That Broadband Wall: FCC Assaults Modern Telecom Services With Old-Fashioned Rules, by Randolph J. May

No. 32: The FCC Staff's Report Against the AT&T/T-Mobile Merger: A Critical Analysis, by Randolph J. May and Seth L. Cooper



2010


No. 1:
The Convergence of Broadcasting and Telephony: Legal and Regulatory Implications, by Christopher S. Yoo

No. 2:
Overregulating the Internet, by Randolph J. May

No. 3:
What Citizens United Means for Free Speech in the Digital Age, by Seth L. Cooper

No. 4:
The Comcast and NBCU Merger: The Upside Down Analysis of Dr. Mark Cooper, by Richard A. Epstein

No. 5:
Reject the Internet "Public Option," by Randolph J. May

No. 6:
The Dogmatic Posture of a Consumer Advocate: A Second Response to Mark Cooper, by Richard A. Epstein

No. 7:
The Deregulatory First Amendment: How Video Competition and Free Speech Will Reduce Regulation, Seth L. Cooper

No. 8:
A New Direction for Net Neutrality, by Randolph J. May

No. 9:
Leave It to Business, Not Government, by Deborah Taylor Tate 

No. 10:
Why the FCC's Broadband Plans Got Smacked Down, by Randolph J. May

No. 11:
The Key to Media's Digital Future: First Amendment Freedom, Not Desperate Measures, by Donna Coleman Gregg

No. 12:
Hooks Unselfishly Paved the Way for Others, by Deborah Taylor Tate

No. 13: A Tangled Web: Moving from "Open and Free" to "Safe and Secure", by Deborah Taylor Tate

No. 14:
The FCC's "Future of Media" Project: "Let Them Eat Broccoli," by Glen O. Robinson

No. 15:
FCC Won't Face Up to Wireless Competition: Misreading the Writing on the Wall, by Seth L. Cooper

No. 16: The "Third Way" for Broadband Regulation: Goldilocks or the Big Bad Wolf?, by Dennis L. Weisman

No. 17:
The Distinction Between Law and Politics, by Randolph J. May

No. 18:
Forbearance Follies: What the FCC's New Framework Portends for the "Third Way," by Seth L. Cooper

No. 19:
Don't Stifle Internet Services With More Regulation, by Deborah Taylor Tate

No. 20:
The Coming Fifth Amendment Challenge to Net Neutrality Regulation, by Daniel A. Lyons

No. 21:
Food for Thought Regarding Broadband Progress, by Deborah Taylor Tate 
No. 22: The Middle Way to Internet Regulation, by Glen O. Robinson

No. 23:
All Americans Should Have Reliable Wireless Access, by Deborah Taylor Tate

No. 24:
Broadcast Retransmission Negotiations and Free Markets, by Randolph J. May

No. 25:
The FCC's Continuing, Costly Video Navigation Device Regulation, by Seth L. Cooper

No. 26: 
He Has a World of Our Information in His Hand, by Deborah Taylor Tate 

No. 27: Don't Let "Bill Shock" Regulation End Light-Touch Treatment of Wireless, by Seth L. Cooper

No. 28:
For MSNBC, Comcast Represents Not A Threat, But An Opportunity, by Daniel A. Lyons

No. 29:
The FCC's Fatal Conceit, by Randolph J. May

No. 30: FCC Regulators Turn Their Eyes to the Internet, by Randolph  J. May

No. 31: Multiple Government Regulatory Reviews Burden Telecom Mergers with Too Many Conditions, by Seth L. Cooper


2009

No. 1: Fresh Thinking on Special Access by Randolph J. May


No. 2: Broadband Stimulus: Prudent Minimalism Will Lead to Maximum Impact by Randolph J. May


No. 3: A Spending Problem by Len Lazarick


No. 4: Give Consumers a Tax Break Now, by Deborah Taylor Tate


No. 5: A Better Way to Manage Spectrum, by Bruce M. Owen


No. 6: Curing Maryland's Structural Deficits: A Call for Mandate Reform, by Len Lazarick

No. 7: The "Free Press" Free Lunch, by Randolph J. May

No. 8: Good Laws Spur Technology, Investment, by Deborah Taylor Tate


No. 9: State's Budget Balancing Act Is a Short-Term Fix, by Len Lazarick


No. 10: Deconstructing "Dismantling Digital Deregulation" - Part II, by Randolph May


No. 11: How Is StateStat Working? A Good Management Tool, but Defective on Accountability, by Len Lazarick


No. 12: Vaunted StateStat Falls Short of Real Accountability, by Len Lazarick


No. 13: Delaying Deregulation: Forbearance at the FCC, by Seth L. Cooper


No. 14: Assessing the FCC's Competition-Assessing Competence, by Randolph May


No. 15: Paying For Use Is Fair, by Deborah Taylor Tate


No. 16: The Hazards of Prescriptive Regulatory Intervention in a Rapidly Changing Market, by Donna Coleman Gregg


No. 17: Why Public Broadcasting Isn't a Model for Newspapers, by Donna Coleman Gregg


No. 18: Saving Mt. Wilson - and Increasing Spectrum Efficiency, by Bruce M. Owen


No. 19: The Faulty Berkman Report: "The Fallacy of Overlooking Secondary Consequences," by Seth L. Cooper

No. 20: Let Competition and Choice Check Wireless ETFs, by Seth L. Cooper

No. 21: Voiding the Constitution, by Randolph May


No. 22: Guard Children from Dangers Online, by Deborah Taylor Tate



2008

No. 1: Random Acts of Taxation by Cecilia Januszkiewicz

No. 2: Bundles of Joy: The Ubiquity and Efficiency of Bundles in New Technology Markets by Stan J. Liebowitz and Stephen E. Margolis

No. 3: Rep. Markey's Internet Bill: Curiously Off the Mark by Randolph J. May


No. 4:
Reckless Spending, by Cecilia Januszkiewicz

No. 5:
On Market Power and the Power of Markets: A Schumpeterian View of Dynamic Industries, by Dennis L. Weisman

No. 6:
At FCC, Change Must Be the Mantra, by Randolph J. May

No. 7:
The Illusion of Declining Revenues, Reduced Spending, by Cecilia Januszkiewicz

No. 8: Dealing with Health Care Costs for State Retirees, by Cecilia Januszkiewicz

No. 9:
The FCC's Sometimes Wayward Course, by Randolph J. May

No. 10:
The Temptation of Media Regulation, by Bruce M. Owen

No. 11:
Why Forbearance History Matters, by Randolph J. May

No. 12:
Avoiding Structural Deficits in Maryland: Recommendations for Reform, by Cecilia Januszkiewicz

No. 13: The FCC v. Indecency: George Carlin Remembered, by Glen O. Robinson


No. 14: No Time for Mere Catch Arguments, by Randolph J. May

No. 15: A Spending Problem, by Cecilia Januskiewicz

No. 16: Deregulation as Scapegoat, by Randolph J. May


No. 17: The Last 100 Days, by Randolph J. May

No. 18: Short of Statutory Right, Contrary to Constitutional Right, by Randolph J. May

No. 19: Don't Foil the Digital Age, by Randolph J. May

No. 20: Structural Solutions for Maryland's Structural Deficit: Pathways to Reform, by Cecilia Januszkiewicz

No. 21: Devaluing Spectrum, by Randolph J. May


No. 22: The Never-Ending Maryland Structural Deficit
, Cecilia Januszkiewicz 


2007


No. 1:
Net Neutrality and the Problems with Policymaking Through Merger Conditions, by Christopher S. Yoo

No. 2:
Sidestepping the Net Neutrality Boondoggle, by Randolph J. May

No. 3: Communications Policy Pirouettes, by Randolph J. May

No. 4:
Put Maryland Spending on the Web, by Trevor Bothwell

No. 5:
New Executive Order and OMB Bulletin Focus on Agency Guidance, by Robert A. Anthony

No. 6:
Special Access and the FCC's Broken Merger Review Process, by Randolph J. May

No. 7:
FCC Should Let Bygones Be Bygones, by Randolph J. May

No. 8:
Blue Jeans, Vodka, and Wireless Services, by Randolph J. May

No. 9:
Net Neutrality Is A Federal Issue, by James B. Speta

No. 10:
Illogical Net Neutrality Idea, by Randolph J. May

No. 11:
The Net Neutrality Debate: Twenty Five Years After United States v. AT&T and 120 Years After the Act to Regulate Commerce, by Bruce M. Owen

No. 12:
Bring Transparency and Accountability to Maryland Government, by Randolph J. May

No. 13:
Is Uncle Sam Serious About Sirius-XM?, by Randolph J. May

No. 14:
The Constitution, A La Carte, by Randolph J. May

No. 15:
Sideline Frontline, by Randolph J. May

No. 16:
Special Access and Regulatory Principles: The Market-Oriented Case Against Going Backwards, by Randolph J. May

No. 17:
Don't Let Net Neutrality Go Airborne, by Randolph J. May

No. 18:
The Federal Unbundling Commission?, by Randolph J. May

No. 19:
Reject Demands for Bundling, by Randolph J. May

No. 20:
Net Neutrality and Spectrum Auctions: Lessons from History, by Richard A. Epstein

No. 21:
Decoupling and Energy Conservation, by Randolph J. May

No. 22:
What Does 'Open Access' Mean?, by Randolph J. May

No. 23:
Time for Maryland to Face Its Health Benefits Burden, by Randolph J. May

No. 24: Constitution Day at the FCC, by Randolph J. May

No. 25:
The FCC Shouldn't Stand for the Forgotten Constitution Commission, by Solveig Singleton

No. 26:
Net Neutrality, Freedom, and First Principles, by Randolph J. May

No. 27:
Wireless Works--Without More Regulation, by Solveig Singleton

No. 28: Put Universal Service Reform Near Top of FCC's Agenda, by Randolph J. May

No. 29:
The Unbundling Panel
, by Randolph J. May and Christopher S. Yoo


2006


No. 1: Liberty Versus Property: Cracks in the Foundation of Copyright Law, by Richard A. Epstein
No. 2: First Amendment: Net Neutrality Issues, by Randolph J. May

No. 3:
Montgomery County's Outdated Policies Hurt Cable Consumers, by Randolph J. May


No. 4: Net Neutrality Mandates: Neutering the First Amendment in the Digital Age
, by Randolph J. May


No. 5: Net Neutrality and Free Speech
, by Randolph J. May


No. 6:
Heading Off a Potential FCC Debacle, by Randolph J. May


No. 7:
Don't Inflict Analog Era Equipment Rules on the Digital Age, by Randolph J. May


No. 8:
Media Ownership--Drop Outdated Rules, by Randolph J. May


No. 9:
The War Behind That Black Box on Top of Your Television
Set, by Randolph J. May

 
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