A tale of the FTC non-compete ban in two cities. In Philly, it was the best of times for agencies; in Dallas it was the worst of times. Who is right depends on which constitution applies. That of 1935, or that of the Warren/Burger courts.

#law #contracts #regulation #litigation #non-delegation #MajorQuestionsDoctrine #noncompetes

https://lawprofessors.typepad.com/contractsprof_blog/2024/09/two-district-courts-weight-in-on-the-ftcs-ban-on-non-competes.html

Tuesday, I’ll flee D.C.’s 90-something temperatures for the 100-something temperatures of Las Vegas–but as I’ve realized over previous trips to that desert city for the Black Hat information-security conference, it really is a dry heat.

In addition to the posts below, my Patreon readers got a recap of a very long day of travel on Thursday of the previous week that saw me returning home about 21 hours after I’d stepped off of the front porch that morning.

7/30/2024: These Are the Services Seeing the Biggest Uptick in Passkey Adoption, PCMag

What I thought would be an easy writeup of an embargoed copy of a Dashlane study about passkey adoption among users of that password manager wound up enlightening me about Facebook’s support of that authentication standard. And once again, I found Facebook’s documentation out of date and incorrect.

7/31/2024: Here’s How Microsoft Wants to Shield You From Abusive AI–With Help From Congress, PCMag

I had ambitions of attending this downtown-D.C. event Tuesday afternoon featuring Microsoft’s vice chair and president Brad Smith, but my schedule ran away from me and I watched the proceedings online. And then I didn’t finish writing this piece until Wednesday morning, although that at least let me nod to news that day of the impending introduction of a new bill targeting AI impersonations of people.

8/2/2024: Circuit Court Throws a Stop Sign in Front of FCC’s Net-Neutrality Rules, PCMag

Reading this unanimous opinion from three judges–one named by Clinton, another a Biden appointee–that the Federal Communications Commission didn’t have the authority to put broadband providers into one of two possible regulatory buckets left me feeling like I’d been taking crazy pills over the last 20 years of the net-neutrality debate, during which the FCC has repeatedly done just that.

8/3/2024: Justice Department Sues TikTok, Alleging Massive Child-Privacy Violations, PCMag

I woke up Saturday thinking that somebody at PCMag was already covering the DOJ lawsuit against TikTok, but nobody had grabbed that story. So I set aside part of that morning to read the DOJ’s complaint, get a comment out of a TikTok publicist and write this post summarizing the department’s allegations.

https://robpegoraro.com/2024/08/04/weekly-output-passkey-adoption-ai-safety-net-neutrality-doj-v-tiktok/

#AI #AIHarm #BradSmith #childPrivacy #COPPA #Dashlane #deepfakes #FacebookPasskeySupport #FCC #majorQuestionsDoctrine #Microsoft #netNeutrality #passkey #passkeys #TikTok

Black Hat – Rob Pegoraro

Posts about Black Hat written by robpegoraro

Rob Pegoraro

If this case were a post on Facebook it would be deemed "inauthentic," given its largely synthetic origins.

A little bit of money gambled against decent odds-- and a titanic payoff.

Oral arguments today.

#Chevron84
#MajorQuestionsDoctrine
https://www.seattletimes.com/business/a-little-fish-at-the-supreme-court-could-take-a-big-bite-out-of-regulatory-power/

A little fish at the Supreme Court could take a big bite out of regulatory power

Business and conservative interest groups hoping to limit the power of regulators believe they have a winner in the Atlantic herring and the boats that sweep the modest fish into their holds by the millions.

The Seattle Times

It's too bad that just as with the US Constitution's sloppy language, the clarity of purpose for products of the US Congress often even more resembles the scribblings of drunks commemorating their thoughts on napkins, minutes before last bell.

Here, SCOTUS reading that work, playing the role of another mostly intoxicated bunch.

Congressional reply? After slipping under the bar? Doubtful.

#MajorQuestionsDoctrine
#SabinCenterForClimateChangeLawForClimateChangeLaw

https://blogs.law.columbia.edu/climatechange/2023/10/19/the-major-questions-doctrine-is-a-fundamental-threat-to-environmental-protection-should-congress-respond/

The Major Questions Doctrine is a Fundamental Threat to Environmental Protection. Should Congress Respond? - Climate Law Blog

In the year since the Supreme Court embraced the “major questions doctrine” (MQD), industry and Republican state attorneys general have argued that federal regulations ranging from stricter vehicle emissions standards to climate change disclosures must be struck down under its banner. Results have been mixed in the lower courts, which, given the MQD’s lack of […]

Climate Law Blog

If you didn’t think #Coinbase was evil enough, they are arguing the SEC has no jurisdiction #SEC V Binance because of…the #MajorQuestionsDoctrine.

I guess it makes sense that a company founded on bullshit would use a fictional legal doctrine invented by #Federalist toadies in its defense.

Biden administration waives federal laws to allow border wall construction in Texas

The Biden administration announced it is permitting more border wall construction after pressure from Democratic officials to address the influx of migrants.

NBC News

#Republican federal “judge” blocks executive order to require federal contractors to pay a $15/hour #minimumwage.

President #Biden’s administration will appeal.

The radical reactionary Republican “judge” used an extremist legal theory in his ruling called #majorquestionsdoctrine which basically eliminates the ability of government to make any significant rules.

#uspol #uspoli #uspolitics #politics #politicaleconomy #extremism #minwage #economics

https://www.reuters.com/legal/bidens-15-minimum-wage-federal-contractors-blocked-by-us-judge-2023-09-27/

Biden's $15 minimum wage for federal contractors blocked by US judge

A federal judge in Texas has ruled that President Joe Biden lacked the power to order U.S. government contractors to pay workers a minimum wage of $15 an hour, and blocked the plan from being enforced in three states.

Reuters

The work of enforcers like DoJ antitrust boss #JonathanKanter, #FTC chair #LinaKhan, and #SEC chair #GaryGensler is at the heart of #Bidenomics: muscular, fearless deployment of existing regulatory authority to make life better for Americans.

Of course, "existing regulatory authority" isn't the last word. The judges filling stolen seats on the illegitimate #SupremeCourt invented the #MajorQuestionsDoctrine and have used it as a club to attack Biden's photocopier-kickers.

17/

The Supreme Court put itself in charge of the executive branch with its major questions doctrine

The major questions doctrine, explained.

Vox
Ripple (XRP) und das Urteil: SEC-Berufung laut Haun Ventures-CEO unwahrscheinlich

Die SEC könnte von einer sofortigen Berufung absehen, um sich die Unsicherheit und "Verwirrung" in der Branche zu nutze zu machen, so eine ehemalige Staatsanwältin.

Cointelegraph