Examining The New Federalism in Technology Policy

Tags: Tech Policy / Technology Policy / Telecom & Platforms

Silicon Flatirons 2025 Flagship Conference

The role of regulators and governance structures in telecommunications and technology policy today looks markedly different from a decade ago. Indeed a New Federalism has emerged. With limited Congressional action on critical issues such as data security, privacy, and artificial intelligence (AI), U.S. states are increasingly proactive in formulating and enforcing their own technology policies. This shift in regulatory power raises important questions about institutional competence, coordination among jurisdictions, and the future role of federal agencies and the judiciary in shaping technology policy.

Internationally, other regions and countries are asserting themselves as leaders in technology regulation, with some crafting models that offer new governance approaches. Moreover, commercial and military competition with China increasingly frames technology policy narratives in the United States. As conversation around communications and technology policy grows more complex, moreover, innovative models of public-private partnerships and cross-border cooperation merit closer examination.

The 2025 Flagship Conference, entitled Examining the New Federalism in Technology Policy, considers the new regulatory landscape, focusing on the intersection of local, state, federal, and international governance. The Conference brings together scholars, policymakers, and industry leaders to discuss the challenges and opportunities in the regulation of advanced technologies.

Through a combination of expert panels, our annual debate, and keynote addresses, the February 2–3, 2025 Flagship Conference will evaluate the emerging governance models likely to shape the future of communications policy.



Sessions

02/02/25 8:15am - 9:00am
Day One Check In and Breakfast

@ Wolf Law Building: Foyer and Boettcher Hall


Attendees are welcome to check-in and enjoy a continental breakfast buffet before the day’s programming gets underway.
02/02/25 9:00am - 9:10am
Welcoming Remarks

@ Wolf Law Building, Wittemyer Courtroom

  • Brad Bernthal
    Executive Director | Entrepreneurship Initiative Director, Silicon Flatirons
Brad Bernthal
02/02/25 9:10am - 9:20am
Welcome Keynote: Conceptions of Federalism
02/02/25 9:20am - 10:40am
Federal Deregulation and State Roles vis-à-vis Telecom Networks
  • Jonathan Nuechterlein — Moderator
    Adjunct Professor of Law, Georgetown University Law Center
  • Christopher Yoo — Presenter
    John H. Chestnut Professor of Law, Communication, and Computer & Information Science, University of Pennsylvania
  • Michael Santorelli — Presenter
    Director, Advanced Communications Law & Policy Institute, New York Law School
  • Nick Alexander — Panelist
    Senior Policy Advisor, Quadra Partners LLC
  • Misty Ann Giles — Panelist
    Chief Operating Officer and Director, State of Montana Department of Administration
  • Arpan Sura — Panelist
    Legal Advisor to FCC Commissioner Brendan Carr, Federal Communications Commission
Jonathan Nuechterlein
Christopher Yoo
Michael Santorelli
Nick Alexander
Misty Ann Giles
Arpan Sura

This set of talks examines, in a potentially deregulatory era, how the federal and state relationship could change with respect to regulation and operation of telecom networks. The new administration is expected to push for federal deregulation and, possibly, a reduction in size of federal agencies required to superintend regulation. In ACA Connects v. Bonta, the Ninth Circuit held that “only the invocation of federal regulatory authority can preempt state regulatory authority.” If federal deregulatory efforts succeed, what type of state regulatory activities might emerge? Further, there are calls to alter aspects of implementation of the Broadband Equity, Access, and Deployment (BEAD) program. With respect to BEAD, what changes – if any – are likely to emerge and are they likely to change how states implement the program? Are prospective changes advisable?

02/02/25 10:40am - 11:00am
Break

02/02/25 11:00am - 11:05am
Recognizing Student Leaders

02/02/25 11:05am - 11:45am
Bandwidth … and the Future of Technology and Communications
  • Dan Caruso — Keynote
    Managing Director, Caruso Ventures
02/02/25 11:45am - 1:00pm
Lunch Break

@ Wolf Law Building, Schaden Commons


A catered lunch will be provided onsite.
02/02/25 1:00pm - 2:15pm
The New Federalism
  • Mihir Kshirsagar — Moderator
    Clinic Director, Princeton University's Center for Information Technology Policy
  • Phil Weiser — Presenter
    Attorney General, State of Colorado
  • Nicholas Degani — Panelist
    Chief Strategist, Digital Progress Institute
  • David Don — Panelist
    Senior Vice President, Public Policy, Comcast
  • Lisa Hone — Panelist
    Chief Counsel (Minority), Energy & Commerce Committee, CMT Subcommittee
  • Chris Lewis — Panelist
    President & CEO, Public Knowledge
Mihir Kshirsagar
Attorney General Phil Weiser
Nick Degani
David Don
Lisa Hone
Chris Lewis

This set of talks explores the evolving role of U.S. states in the creation and enforcement of communications policies. With states stepping in where federal action is lacking, the panel explores how institutional competence can be expanded at the state level to address complex technology policy challenges. It will consider strategies for regulated companies to navigate this new patchwork of state-level policies, drawing lessons from past experiences. The panel will also discuss social media regulation, including the litigation against Meta, TikTok and associated matters. 

02/02/25 2:15pm - 2:25pm
Break

02/02/25 2:25pm - 3:35pm
Models for AI Governance at the State Level
  • Paul Ohm — Moderator
    Professor of Law; Chief Data Officer, Georgetown University Law Center
  • Ellen Goodman — Presenter
    Distinguished Professor, Rutgers Law School
  • Representative Brianna Titone — Presenter
    State Representative, Colorado General Assembly
  • Adam Burrows — Panelist
    Co-Founder and Managing Director, Range Ventures
  • Harry Surden — Panelist
    Professor of Law, University of Colorado Law School
  • Richard Whitt — Panelist
    President, GliaNet Alliance
Paul Ohm
Ellen Goodman
Representative Brianna Titone
Adam Burrows
Harry Surden
Richard Whitt

This set of talks analyzes how the New Federalism applies to AI governance. As AI technology advances at a breakneck pace, regulatory frameworks at both the state and federal levels struggle to keep up. This panel will consider whether states, acting in lieu of federal legislation, are best positioned to regulate AI, and what models of governance—ranging from state-centric approaches to international collaborations—are emerging as potential solutions. In particular, how proactive and activist should states be with respect to AI regulation? Is a laissez faire model advisable, or are strong precautionary steps warranted? How should strategic considerations, such as commercial and military competition with China, figure into this calculus?

02/02/25 3:35pm - 3:50pm
Break

02/02/25 3:50pm - 3:55pm
Silicon Flatirons Annual Writing Competition Award

Sponsored by WilmerHale
02/02/25 3:55pm - 4:15pm
Fireside Chat
  • Brad Bernthal — Moderator
    Executive Director | Entrepreneurship Initiative Director, Silicon Flatirons
  • Alan Davidson
    Former Assistant Secretary of Commerce and Administrator, National Telecommunications and Information Administration
Brad Bernthal
Alan Davidson
02/02/25 4:15pm - 5:10pm
Debate: Resolved: Children under 16 should be banned from the Internet

Moderator
For the Proposition
  • Meg Leta Jones — Provost’s Distinguished Associate Professor, Georgetown University
  • Zahra Takhshid — Assistant Professor of Law, University of Denver Sturm College of Law
Against the Proposition
  • Paul Ohm — Professor of Law; Chief Data Officer, Georgetown University Law Center
  • Blake E. Reid — Associate Professor of Law, University of Colorado Law School
Vivek Krishnamurthy
Meg Leta Jones
Zahra Takhshid
Paul Ohm
Blake E. Reid
02/02/25 5:10pm - 5:55pm
Reception

@ Wolf Law Building, Foyer and Boettcher Hall


After day one of the conference concludes, attendees and speakers are invited to Boettcher Hall for hors d’oeuvres, refreshments, and conversation.
02/02/25 6:00pm - 8:00pm
Community Celebration and Awards Ceremony

@ Embassy Suites Boulder, Pearl Street Ballroom and Foyer


The Celebration brings together all parts of the Silicon Flatirons network – students, supporters, conference speakers, alumni, faculty, staff, and others – for an energetic evening to recognize people who move the meter for Silicon Flatirons. The event is on the evening of the first day of our upcoming Flagship Conference.

We look forward to a fun evening to celebrate Silicon Flatirons’ people and values. We hope that you will join us.

02/03/25 8:00am - 8:30am
Day Two Check In and Breakfast

@ Wolf Law Building, Foyer and Boettcher Hall


Attendees are welcome to check-in and enjoy a continental breakfast buffet before the day’s programming gets underway.
02/03/25 8:30am - 8:35am
Welcome

@ Wolf Law Building, Wittemyer Courtroom

  • Brad Bernthal
    Executive Director | Entrepreneurship Initiative Director, Silicon Flatirons
02/03/25 8:35am - 9:00am
AI in the Near Future
02/03/25 9:00am - 10:20am
AI x Right of Publicity and Federalism
  • Blake E. Reid — Moderator
    Associate Professor of Law, University of Colorado Law School
  • Zahra Takhshid — Presenter
    Assistant Professor of Law, University of Denver Sturm College of Law
  • Annemarie Bridy — Panelist
    Senior Copyright Counsel, Google
  • Mike Conover — Panelist
    Founder and CEO, Brightwave
  • Margot Kaminski — Panelist
    Professor, University of Colorado Law School
Blake E. Reid
Zahra Takhshid
Annemarie Bridy
Mike Conover
Margot Kaminski

This set of talks explores whether state laws concerning right of publicity and likeness present significant challenges for AI companies and their large language models. This discussion will also contrast state level publicity laws with related federal regulations, such as the Telephone Consumer Protection Act (TCPA) and the FTC’s approach to impersonation.

02/03/25 10:20am - 10:40am
Break

02/03/25 10:40am - 11:55am
Public-Private Partnerships and Spectrum Policy
  • John Chapin — Moderator
    Special Advisor for Spectrum, National Science Foundation (NSF)
  • Ira Keltz — Presenter
    Acting Chief / Office of Engineering and Technology, Federal Communications Commission
  • Hank Hultquist — Presenter
    Vice President - Federal Regulatory, AT&T
  • Rob Alderfer — Panelist
    VP, Technology Policy, Charter Communications
  • Shawn Bone — Panelist
    Senior Director of Public Policy, Verizon
  • Monisha Ghosh — Panelist
    Professor, University of Notre Dame
John Chapin
Ira Keltz
Hank Hultquist
Rob Alderfer
Shawn Bone
Monisha Ghosh

This set of conference talks and ensuing panel examines the role of public-private partnerships, with a specific focus on how  effective these structures are at promoting equitable and efficient spectrum allocation. As demand for spectrum continues to rise, the panel will explore how government and private sector collaboration can be leveraged to address both spectrum scarcity and innovation needs. The case studies of Citizens Broadband Radio Service (CBRS) and FirstNet (First Responder Network Authority) will be considered.

02/03/25 11:55am - 12:00pm
Closing Remarks
  • Brad Bernthal
    Executive Director | Entrepreneurship Initiative Director, Silicon Flatirons
Brad Bernthal
02/03/25 12:00pm - 12:50pm
Space Policy Luncheon

@ Wolf Law Building, Room 204

  • Keith Gremban — Moderator
    Research Professor, University of Colorado
  • Angel Abbud-Madrid — Panelist
    Director, Space Resources Program, Colorado School of Mines
  • Sophia Galleher — Panelist
    National Security Associate, Wilson Sonsini Goodrich & Rosati
  • Al Gasiewski — Panelist
    Professor of Electrical and Computer Engineering, University of Colorado Boulder
  • Siamak Hesar — Panelist
    CEO, Kayhan Space

This optional luncheon, at the conclusion of the Conference, examines issues in space law and policy, including challenges to modernize space regulation within the United States, spectrum issues, and issues concerning space sustainability.

Keith Gremban
Angel Abbud-Madrid
Sophia Galleher
Al Gasiewski
Siamak Hesar

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