A Simple Way to Regulate TikTok

“The platform-utilities approach, by contrast, suggests Congress take a different path. In banking, radio, airlines, maritime shipping and power, federal regulators had to give approval, via a license or charter, to a company before it could operate one of these utility-services in the United States. That approval was conditional on meeting congressionally set regulatory standards that apply across the whole sector. Clear rules on restricting foreign influence reduce the need to come up with complicated compliance plans or monitoring programs. They create a level playing field for businesses, so firms do not have to worry about being singled out for regulation.
For generations, this approach traveled alongside antitrust law. Antitrust generally focuses on competitive markets; the platform-utilities approach recognizes that some markets might not be very competitive, and preventing the abuse of corporate power, therefore, requires regulation. Indeed, both approaches emerged at the federal level at almost the same time. The Sherman Antitrust Act was passed in 1890, only a few years after the Interstate Commerce Act of 1887, which took a platform-utilities approach to regulating the railroads.

In the late 20th century, both fields went through revolutions. Antitrust became dominated by an approach that focused on consumer welfare and efficiency. Deregulatory advocates passed laws abandoning the platform-utilities approach in rail, airlines, maritime shipping, telecommunications and banking. Today, antitrust is in the midst of a renaissance, with policymakers on left and right supporting more aggressive enforcement of competition laws. The platform-utilities approach deserves the same reinvigoration, because it offers useful strategies for addressing current policy challenges.

If lawmakers want to take a lesson from the long American tradition of regulated capitalism, they should advance comprehensive legislation to regulate tech platforms more like public utilities. Such legislation should include restrictions on foreign ownership and control, which could apply to all tech platforms from adversarial countries. Comprehensive legislation should also include sectoral standards that apply to U.S. firms as well — standards not just on data collection, surveillance and privacy, but also against anti-competitive behavior.

Just like radio a century ago, tech platforms are a modern utility, essential for commerce and communication. We should start treating them that way.”

Judge strikes down Arkansas ban on gender-affirming care for transgender minors

“A federal judge struck down Arkansas’ first-in-the-nation ban on gender-affirming care for children as unconstitutional.., the first ruling to overturn such a prohibition as a growing number of Republican-led states adopt similar restrictions.
U.S. District Judge Jay Moody issued a permanent injunction against the Arkansas law, which would have prohibited doctors from providing gender-affirming hormone treatment, puberty blockers or surgery to anyone under 18.”

“Moody ruled that the prohibition violated the due process and equal protection rights of transgender youth and families. He said the law also violated the First Amendment rights of medical providers by prohibiting them from referring patients elsewhere.

“Rather than protecting children or safeguarding medical ethics, the evidence showed that the prohibited medical care improves the mental health and well-being of patients and that, by prohibiting it, the state undermined the interests it claims to be advancing,” Moody wrote in his ruling.”

“The ruling affects only the Arkansas ban but may carry implications for the fates of similar prohibitions, or discourage attempts to enact them, in other states.”

” At least 19 other states have enacted laws restricting or banning gender-affirming care for minors following Arkansas’ law”

Is weed safe in pregnancy?

“In a 2020 review of relevant studies published since the mid-1980s, the authors called out many of these studies for weak methodology. In particular, many researchers had failed to compare the outcomes they were measuring against any kind of a standard that would account for age and parental educational level. (That is: What if the kids of those who used cannabis during pregnancy were born to parents with lower levels of education, which could account for some differences?)
The review authors concluded that overall, “prenatal cannabis exposure is associated with few effects on the cognitive functioning of offspring.” What’s more, they noted, even when abnormalities were identified, almost all were still within the range of normal.”

“Despite the imperfect data, Mark suspects the risk of fetal harm with prenatal cannabis use is high enough to support recommending against purely recreational use.

But many aren’t seeking to get high.”

The biggest policy changes in the debt ceiling deal, explained

“The deal negotiated by the Biden White House and House Republicans cuts some domestic programs in 2024 and limits spending growth to 1 percent in fiscal year 2025. That will still amount to a cut, after accounting for inflation.

Almost two-thirds of the $6 trillion federal budget is mandatory spending on programs like Social Security, Medicare, and Medicaid that will happen without any action by Congress. The rest is determined by Congress, and that is the bucket that will be affected by the debt limit deal.

The cuts are going to land disproportionately on programs that help the poor and on administration, which also affects the people who rely on government programs. Some discretionary spending — on the military and for veterans — is actually going to increase. But the rest, including funding for child care, low-income housing, the national parks, and more, will be subject to a cut for the next two years.

The exact cuts are supposed to be set by legislation that Congress will pass later this year. Should lawmakers fail to pass those spending bills, automatic spending cuts of 1 percent across the board would occur instead. (The incentive for Congress to pass the spending bills is that these automatic cuts would include the military, which all parties involved want to exempt.)”

“while this cut is shallower than the automatic cuts of the last decade, it applies to programs that already have been feeling the squeeze: According to the Center on Budget and Policy Priorities, spending for discretionary domestic programs (excluding veterans’ health care) is 10 percent below 2010 levels when adjusted for inflation and increases in the US population.
The long-running neglect has led to shortages in the services they provide. Child care assistance has fallen for the better part of two decades. The primary grant program served 373,000 more children in 2006, even though now there are an additional 1 million American children living in poverty. Likewise, 3 out of 4 US families that should be eligible for federal housing assistance don’t actually receive any aid because there is no funding available. Cuts to the Social Security Administration have been going on for years, while wait times for assistance have been increasing. Investments in water infrastructure have been stagnant, even after clean water crises in Flint, Michigan, and Jackson, Mississippi.”

“TANF, meanwhile, was created by the 1996 welfare reform law, replacing a program that offered guaranteed cash for low-income parents with a block grant giving $16.5 billion annually to states to spend on anti-poverty programs (though in practice the money is used for all manner of things). Because its appropriation has never been adjusted for inflation over its 27 years of existence, the program has effectively been cut in half over time, and now only about 21 percent of poor families with children get help from it.”

“The biggest surprise of the deal might be its approval of the 300-mile Mountain Valley Pipeline, which will carry natural gas from West Virginia to southern Virginia.

The pipeline, held up for years by federal lawsuits, has long been a top priority for Sen. Joe Manchin. But the pipeline’s role in debt ceiling talks largely flew under the radar. The deal would give a green light to outstanding permits for the pipeline and shields its construction from court intervention, to the frustration of environmentalists worried about the pipeline’s impact on rural and low-income areas and the 1,000 streams and wetlands along its way.

There are a few other modest changes to permitting for energy projects in the deal, mostly affecting the bedrock 1970s-era environmental protection law, the National Environmental Policy Act. It sets a one-year deadline for agencies to complete an environmental assessment, and a two-year deadline for the more thorough environmental impact statement, an expensive review requiring community input. (Progressives argue that, rather than time limits, federal agencies need more staffing to complete reviews quickly.)”

Florida has launched an “unparalleled” assault on higher education

“The bill also limits tenure protections for faculty members. Tenure is a lifetime academic appointment granted to professors who meet designated requirements and can be terminated only for cause or under extraordinary circumstances. Under the law, there must be a post-tenure review of state university faculty every five years to assess accomplishments and productivity, teaching duties, student evaluations, compensation, and potential improvement plans. Faculty members do not have the right to appeal grievances beyond the university president.
University presidents are now responsible for hiring, disciplining, and firing the school provost, deans, and full-time faculty. The law specifically instructs presidents to not be bound by the recommendations or opinions of faculty members when making hiring decisions. As part of their expanded role, presidents must also present yearly performance evaluations and salaries of any personnel earning more than $200,000 to the board of trustees.

Together, the law strengthens the powers of university leaders and weakens the autonomy of faculty members. The bill threatens academic freedom, according to AAUP, since it limits the teaching of certain topics in the general education curriculum and halts funding for DEI measures, among other limitations. Faculty told the AAUP that the laws are “Orwellian” and that Florida is a “canary in a coal mine.””

The deadly train collision in India, explained

“India’s railway system was constructed in the 19th century, when the country was a British colony, and serves millions of people each day. Though it’s an important part of the country’s transit system, it has long suffered from underinvestment, and deadly, destructive accidents are not uncommon.”

“Modi’s government has recently announced major spending on the transit and railway systems, including high-speed, indigenously produced trains between major transit corridors. But many such upgrades are years away, require mountains of outside investment, and must wind through a labyrinthine government bureaucracy to take effect.”

“India’s railway system is in some ways a marvel, in that it connects a massive country together, is an affordable mode of transportation that serves 13 million people each day according to state-run Indian Railways, and connects India’s large rural population to its urban areas.
The railway system also spurred economic growth after it was first introduced in 1853, because it could move commodities both internally and internationally far more quickly than traditional transportation. The economy still depends on rail transportation, to an extent, though increased roadways and a large auto industry have increased Indians’ auto-ownership from 115 million in 2009 to 295.8 million in 2019, according to a report from the Ministry of Road Transport and Highway Transport.

Still, people all over the country depend on old, overcrowded trains for all aspects of life, despite the massive number of accidents and deaths that occur on India’s more than 40,000 miles of railway.”

The air we breathe was getting better. Then climate change hit.

“For the first 40-something years of the Clean Air Act of 1963, the Environmental Protection Agency could show progress toward cleaner air — even if it was sometimes slow or uneven. The agency issued regulations for sources of the pollutants it was set up to tackle, like diesel car tailpipes and coal power plants, and over time, the air quality improved.
But the trend changed abruptly about five years ago, when pollution from wildfires, heat, and drought — trends worsened by climate change — began to overtake these gains.”

“Ozone and fine particulate matter affect the entire body in all stages of life. They impact the young and old, pregnant people and the developing fetus, and can cause and worsen respiratory disease, cardiovascular disease, and worse cognition. Their sources can be a bit different, though. Burning oil, gas, and coal, whether at the tailpipe or power plant, releases pollutants that cause both ozone and particulate matter. Ozone also is more likely to form in hot weather, while wildfires tend to be much worse for particulate matter.”