Posts by Nikolas Guggenberger
For decades, the US called Europe's data restrictions thinly veiled protectionism. Then Washington passed sweeping data export bans.
My piece in @lawfaremedia.org: regulatory actions reveal more about a country's self-assessment than any speech. Here, weakness.
The United States new push to restrict its data exports suggests the administration feels a diminished control over online platforms and infrastructure and a lack of confidence in technological dominance, writes @nikenberger.bsky.social.
Amazing, thanks!
Regulating Manipulative Design is Not Preempted by CDA 230 or the First Amendment
ssrn.com/abstract=558...
another round of edits/updates ... publication in May 2026
Spoke with @houstonpublicmedia.bsky.social about the California social media addiction case. Listen in here: www.houstonpublicmedia.org/articles/sho...
Rather than demonstrating confidence, the protectionist turn is a sign of American vulnerability. It reveals deep-seated insecurities—if not an unintended admission that the United States is losing ground in a technological “great power competition.”
papers.ssrn.com/sol3/papers....
📣 Restricting Data Flows Is a Sign of Weakness
The seismic shift in US data trade policy may appear as a muscular regulatory flex domestically and a display of national strength internationally. However, the opposite is true.
papers.ssrn.com/sol3/papers....
Yes. Exactly the same thing.
Some data protection absurdities from Bavaria: the DPA lectures a citizen who photographs illegally parked cars on bike paths, insisting he use “secure IT systems” and inform the offenders, including giving them a right to object to the data processing.
www.spiegel.de/netzwelt/elt...
Spoke with @houstonpublicmedia.bsky.social about the Warner Bros./Netflix merger and why FTC/DoJ should block it. Thanks for having me; it was fun!
www.youtube.com/live/4AXFM-C...
Seconded!
Amazing opportunity at ISP!
Join us for the Law and Technology Workshop, 10/3, noon ET, featuring Nick Nugent
law-technology-workshop.beehiiv.com/p/law-and-te...
Thanks for having me and wonderful to see you all!
This week’s Law & Tech Talk examined “The Platform-Property Paradox.” Thank you to @nikenberger.bsky.social for a magnificent presentation!
Thanks so much for having me! Wonderful to see everyone @yaleisp.bsky.social
Excited about this!
Contributed to reporting on smart glasses by @fullofwords.bsky.social: www.eweek.com/news/halo-x-...
For Google and Apple alone, the decision added roughly $330 billion to their market capitalization. It’s a win for tech monopolies — and a loss for innovation.
www.deutschlandfunk.de/google-wird-...
Contributed to reporting by @nilsdampz.bsky.social on the United States v. Google ruling.
After finding last year that Google maintained an illegal monopoly, the court handed down only lukewarm remedies — a gift to Big Tech that does little to curb monopoly power.
The Court just gifted Google and Apple around 335B, relative to market expectations, in United States v. Google.
It's hard to restore competition in a market that has already been crushed -- and I suspect the judge's cautious ruling requiring the very least from Google is not going to give competitors enough of a reason to jump back in to create search products.
www.nytimes.com/2025/09/02/t...
After 5 long years, a federal court found that Google had an unlawful monopoly and then did little to address it. Here’s DuckDuckGo’s statement from the other site:
This is bad. Very bad.
So, even where courts find illegal monopolization, the remedies are weak.
Just ask, if you were Google, would you do it all again?
Looking forward to this!
Congrats, neighbor!
Join an amazing group of scholars at UH incl. @chrismirasola.bsky.social @leahfowler.bsky.social @nikenberger.bsky.social @petersalib.bsky.social @lauraportuondo.bsky.social @jessiebregant.bsky.social @amangebru.bsky.social @dfroomkin.bsky.social and more with better things to do than Bluesky!