President, Phoenix Center for Advanced Legal and Economic Public Policy Studies
Lawrence J. Spiwak is President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies, a non-profit 501(c)(3) organization that studies broad public-policy issues related to governance, social and economic conditions, with a particular emphasis on the law and economics of the digital age. Mr. Spiwak is a prolific scholar whose work is frequently cited by policymakers, major news media and academic journals around the world, and is in the top 1.3%of authors downloaded on the Social Science Research Network. Mr. Spiwak currently serves as the co-chair of the Federal Communications Bar Association’s (FCBA) committee responsible for overseeing the FEDERAL COMMUNICATIONS LAW JOURNAL and is a member of the program committee of the Telecommunications Policy Research Conference (“TPRC”). Mr. Spiwak is also the recipient of the FCBA’s Distinguished Service Award. Prior to joining the Phoenix Center, Mr. Spiwak was a Senior Attorney with the Competition Division in the FCC’s Office of General Counsel from 1994-1998. While in college, Mr. Spiwak was accepted into the Presidential Stay-In School program where he was responsible for delivering classified and confidential material among senior White House and Reagan Administration officials and received a full FBI security clearance. Mr. Spiwak received his B.A. with Special Honors from the George Washington University and his J.D. from the Benjamin N. Cardozo School of Law. Mr. Spiwak is a member in good standing of the bars of New York, Massachusetts, the District of Columbia, and the U.S. Court of Appeals for the D.C. Circuit.
President, The Free State Foundation
Randolph J. May is Founder and President of The Free State Foundation. The Free State Foundation is an independent, non-profit free market-oriented think tank founded in 2006.
From October 1999-May 2006, May was a Senior Fellow and Director of Communications Policy Studies at The Progress & Freedom Foundation, a Washington, DC-based think tank. Prior to joining PFF, he practiced communications, administrative, and regulatory law as a partner at major national law firms. From 1978 to 1981, May served as Assistant General Counsel and Associate General Counsel at the Federal Communication Commission.
May has held numerous leadership positions in bar associations. He is a past Chair of the American Bar Association’s Section of Administrative Law and Regulatory Practice. He is a Fellow of the National Academy of Public Administration. Mr. May also has served as a Public Member of the Administrative Conference of the United States and currently is a Senior Fellow at ACUS.
Mr. May has published more than two hundred articles and essays on communications, administrative and constitutional law topics. He is author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform, and co-author of #CommActUpdate: A Communications Law Fit for the Digital Age and The Constitutional Foundations of Intellectual Property. Mr. May is editor of two books, Communications Law and Policy in the Digital Age: The Next Five Years and New Directions in Communications Policy. In addition, he is the co-editor of two other books, Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform. In the past, Mr. May has written regular columns on legal and regulatory affairs for Legal Times and the National Law Journal, leading national legal periodicals.
He received his A.B. from Duke University and his J.D. from Duke Law School, where he serves as a member of the Board of Visitors.
Director of Policy Studies & Senior Fellow, The Free State Foundation
Seth L. Cooper is Director of Policy Studies & Senior Fellow at The Free State Foundation. His work on federal communications and technology policy at the Free State Foundation began in 2009.
With Randolph May, Mr. Cooper is the co-author of Modernizing Copyright Law for the Digital Age: Constitutional Foundations for Reform (2020) and Constitutional Foundations of Intellectual Property: A Natural Rights Perspective (2015), both published by Carolina Academic Press. Along with Mr. May, Mr. Cooper also co-authored A Reader on Net Neutrality and Restoring Internet Freedom (2018) and #CommActUpdate: A Communications Law Fit for the Digital Age (2017), both published by Free State Foundation Press. He previously contributed to two chapters in Communications Law and Policy in the Digital Age (2012), published by Carolina Academic Press. Mr. Cooper's work has also appeared in such publications as CommLaw Conspectus, the San Jose Mercury News, Forbes.com, the Des Moines Register, the Baltimore Sun, the Washington Examiner, and the Washington Times.
Mr. Cooper previously served as Director to the Telecommunications and Information Technology Task Force at the American Legislative Exchange Council (ALEC). Mr. Cooper served as judicial clerk to the Honorable James Johnson at the Washington State Supreme Court. His co-writings about the Washington Supreme Court have appeared in the Gonzaga Law Review and in Federalist Society publications. He has worked in law and policy staff positions at the Washington State Senate and at the Discovery Institute's Center for Science & Culture. Mr. Cooper is a 2009 Lincoln Fellow at the Claremont Institute. He also has worked in private practice in the State of Washington, handling civil legal matters involving personal injuries, small business, contracts, and wills, trusts, and estates.
Mr. Cooper earned his B.A. degree in Political Science from Pacific Lutheran University and received his J.D. from Seattle University School of Law.
Partner, Antitrust and Competition, Wilson Sonsini Goodrich & Rosati
Maureen Ohlhausen is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati, where she advises industry-leading clients on complex antitrust and litigation matters, with a focus on high-profile cases. Sought after for her depth of experience on antitrust and Federal Trade Commission (FTC)-related issues, Maureen is known for her relationships with officials in the U.S. and abroad.
After finishing law school and clerking at the U.S. Court of Appeals for the D.C. Circuit, Maureen joined the FTC in 1997. She held a series of roles at the agency over the next 12 years, rising to the position of Director of the FTC Office of Policy Planning, where she led the agency’s work on e-commerce and headed the FTC’s Internet Access Task Force, which produced an influential report analyzing competition and consumer protection legal issues in the broadband and internet sectors. She then went into private practice at a leading telecommunications law firm, where she headed the FTC practice group.
In 2012, Maureen was confirmed by the Senate as a Commissioner of the FTC and was appointed Acting Chairman in January 2017, a role she held until May 2018. As Acting Chairman, Maureen directed all aspects of the agency’s antitrust work, including merger review, conduct enforcement, and all consumer protection enforcement, with an emphasis on privacy and technology issues. Under her leadership, the FTC won several influential merger challenges in court and reached a number of key digital privacy settlements.
To date, Maureen is the only FTC Commissioner to have received the Robert Pitofsky Lifetime Achievement Award in recognition of her contributions to the FTC.
Following the end of her term at the FTC, and immediately prior to joining Wilson Sonsini, Maureen was chair of the global antitrust and competition practice at Baker Botts, based in that firm’s Washington, D.C., office.
A recognized thought leader, Maureen is a frequent author and speaker, and is often quoted by leading print and broadcast media on antitrust, FTC, and privacy and data security matters. She has published dozens of articles on antitrust, privacy, intellectual property, regulation, FTC litigation, telecommunications, and international law issues in prestigious publications. During her tenure at the FTC and in private practice, she testified more than two dozen times before Congress, including before the Senate Commerce Committee and the House Energy and Commerce Antitrust Sub-Committee. She also testified before the Antitrust Modernization Commission.
Partner, Mayer Brown LLP
Howard Waltzman focuses his practice on communications and Internet law and commercial transactions in the United States and other key international markets. He represents some of the nation's leading communications service providers, manufacturers, and trade associations in commercial transactions, as well as in regulatory and legislative matters, including with respect to Internet services, spectrum policy, privacy, video programming, wireline competition, and communications-related homeland security. He also represents investors on these and other communications-related matters.
Howard's experience includes drafting regulatory pleadings, comments and license applications; legislation, Congressional testimony, and legislative history; and commercial agreements. He appears personally before Members of Congress, Cabinet department officials, FCC Commissioners, and key Congressional and FCC staff. Howard also advises clients and assists them in presenting their positions during major FCC rulemakings, throughout the legislative process, and in the context of commercial transactions. He represents clients on matters involving the International Telecommunication Union's rules and procedures.
Prior to joining Mayer Brown in 2007, Howard served as Chief Counsel, Telecommunications and the Internet, for the U.S. House Energy and Commerce Committee (2003-2006) and as Telecommunications Counsel (2001-2003). Prior to working for the House Energy and Commerce Committee, he served as General Counsel for Senator Sam Brownback (1996-2001).
Partner, Cooley
Rob McDowell advises telecommunications, media and technology clients on their most significant regulatory, legal and business matters. As a former commissioner of the Federal Communications Commission (FCC) and a highly regarded industry leader, Rob has been at the forefront of the most complex and groundbreaking issues facing telecommunications.
Mr. McDowell was first appointed to the FCC by President George W. Bush in 2006 and again by President Obama in 2009. He was unanimously confirmed both times by the US Senate. During his tenure, Mr. McDowell led efforts to expand consumer access to spectrum through his work on the two largest wireless auctions in US history at the time, played a key role in the 2009 digital television transition and led efforts to establish the first federal civil rights rule in a generation by creating a ban on racially discriminatory practices in broadcast advertising. He also worked extensively on several large and complex mergers, including Sirius/XM and Comcast/NBC-Universal.
He is an advocate for internet freedom, serving on the US delegation to the 2012 World Conference on International Telecommunications and exposing an international bid to regulate vital aspects of the Internet through multilateral treaty-based organizations. Mr. McDowell authored an op-ed in the Wall Street Journal opposing multilateral internet regulation that led to a resolution passed unanimously in the House and Senate, as well as the ultimate defeat of the international bid at a treaty negation in Dubai later that year.
Prior to the FCC, Mr. McDowell was senior vice president for CompTel, the Competitive Telecommunications Association, where he led advocacy efforts before several government agencies, the White House and Congress.
Mr. McDowell is often called upon for speaking engagements and frequently appears on TV and radio. He has written opinion pieces for many high-profile publications, including the Wall Street Journal and Washington Post.
Associate General Counsel, Black hills Corporatioon
Greg Sopkin has been practicing energy and telecommunications law for over fifteen years. Sopkin has handled complex transmission, rate, generation, and communications regulatory cases, often in a first-chair capacity. He was the Chairman of the Colorado PUC from January 2003 until January 2007. While Chairman, Sopkin presided over numerous Phase I and II electric rate cases as well as integrated resource planning cycles; investigated service outages; guided the redrafting of the Commission's electric, gas and transmission rules; implemented a renewable energy initiative; and oversaw transmission line disputes, the electric price response pilot program, high cost fund administration and the Qwest deregulation case.
Greg also has represented energy and telecommunications clients at Squire Sanders and Gorsuch Kirgis LLP and represented the Colorado PUC as an assistant attorney general in the Colorado Attorney General's office. He taught at the University of Colorado and has been a member of the National Association of Regulatory Utility Commissioners, serving on the telecommunications, energy and critical infrastructure committees; a member of the Federalist Society, serving on the telecommunications and electronic media practice group executive committee; and director of the Federation for Economically Rational Utility Policy. He received his J.D. in 1991 from the University of Colorado School of Law, where he was on the University of Colorado Law Review, and his BS, with high honors, in 1988 from the University of Illinois. Sopkin, his wife Rebecca and six children live in Lakewood, Colorado.
Topics
The Arrival of the Federal Computer Commission?
Should “Big Tech” be required to contribute to the Universal Service Fund (USF) in order...
The Preemption Predicament Over Broadband Internet Access Services
Lawrence J. Spiwak
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
John Marshall’s Jurisprudence Supports Preemption of California’s Net Neutrality Law
Randolph May, Seth L. Cooper
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Net Neutrality vs. Net Reality: Why an Evidence-Based Approach to Enforcement, And Not More Regulation, Could Protect Innovation on the Web
Maureen K. Ohlhausen
Related Links: Senate Committee on Commerce, Science, and Transportation, Hearing on “Network Neutrality” (testimony of...
The Telecommunications Act of 1996 in the Twenty-first Century
Howard Waltzman
I. Introduction Prior to 1996, local telephony was perceived to be a natural monopoly, subjecting...
A U.N. Regulated Internet? The Case for Defending Against Persistent Intergovernmental Threats to Internet Freedom
Robert M. McDowell
Note from the Editor: The author has adapted this paper from testimony before the U.S....
State Revanchism: Can the Latest Efforts to Regulate Voice over Internet Protocol be Stopped?
Gregory E. Sopkin
The last “war” fought over Voice over Internet Protocol (“VoIP”) occurred in 2003-2004, when the...
Listening to VOIP
Julian Gehman
The current debate in Congress and at the FCC over regulating voice over Internet protocol...
Engage Volume 5, Issue 2, October 2004
ADMINISTRATIVE LAW & REGULATION Constitutional Restoration by Executive Order by John O. McGinnis CIVIL RIGHTS...