Regulatory Capture and the Public Interest: The FDA

The head of the Food and Drug Administration, Marty Makary, “resigned” in May, 2026 even though the decision had been made by U.S. Health and Human Services Secretary Robert Kennedy “and then the White House signed off on it.”[1] Although Makary had been annoyance to drug-company executives, and to that extent his removal was due to pressure on President Trump by the CEOs, his “resignation” supports the theory of regulatory capture, wherein the regulated companies control the very regulatory agencies (and regulators therein) that regulate those companies, this case shows that it is possible for an industry’s interests to be aligned with the public (health) interest. Does the alignment regarding getting rid of a particular regulator lessen the unethical quality of the broader conflict of interest between business and government?

The full essay is at "Regulatory Capture and the Public Interest."

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1.  Matthew Perrone and Seung Min Kim, “Trump FDA Chief Is Leaving After Angering Pharma CEOs, Vaping Lobbyists and Anti-Abortion Groups,” APnews.com, May 12, 2026.

Will Breakthroughs Save the Planet?

The dire predictions concerning the probable impact of climate change on ecosystems, ocean-levels, and food-production, as well as on our species itself have understandably been made without taking into account the countervailing impact of technology yet to be invented. Instead, the focus has been on governmental, rather than business, efforts aimed at reducing carbon emissions. This too is understandable, as companies have consistently been oriented to their own profits rather than reducing externalized costs, such as pollution. This focus has left the element of technological innovation or invention out of the equation. Moreover, because it is not possible to predict whether our species will have invented technology in time for it to counter the predicted impacts of climate change, relying on such technology so as to obviate the need to act so as to limit or reduce carbon emissions would be foolish and reckless. Put another way, it was irresponsible as of 2020 at least to say that government restrictions on carbon emissions were not necessary because technology will be invented that will substantially reduce emissions or even remove the excess carbon from the atmosphere. This does not mean that such inventions will not be made in time to make a significant positive impact. It is indeed possible, moreover, that our species, homo sapiens, will be saved by its own knowledge after all, even though we do not seem capable of regulating the innate desire for instant gratification even if the species’ survival lies in the balance. An invention by Heliogen in 2019 was such a breakthrough that it was arguably the first invention capable of giving people such hope. That is, the step-forward represented by the invention was such that people at the time could hope that the most noxious future impacts of climate change might not be inevitable.

The full essay is at "Breakthroughs in Climate Change."

Faster, Higher, Bigger: A Rationale for Regulation

The death of a Georgian luge athlete on the opening day of the 2010 Winter Olympics occurred amid concerns about the speed of the record-setting track at the Whistler Sliding Center. “There were some questions asked by other athletes even before this tragic accident,” said Nikolas Rurua, Georgia’s deputy minister for culture and sports. He added that there had been several crashes in the same area of the track. This is like looking back in a financial crisis to point out that several had preceded that one. It does seem like financial crises may be part of a larger pattern that is based in human nature. I contend that just such an innate propensity to recklessness at the expense of the public good (and one's own!) serves as a rationale for regulation in any country.

Airlander 10, the largest aircraft in the world, crashed on its second test-flight on August 24, 2016.

The full essay is at "Faster, Higher, Bigger!" 

Facebook Secretly Shared Users' Friend's Data with Business Partners: A Case of Betrayal

According to The New York Times at the end of 2018, internal documents generated at Facebook in 2017 showed that the company “gave Microsoft, Amazon, Spotify, and others far greater access to people’s data” even after having raised a privacy wall than Facebook had disclosed.[1] That is, Facebook effectively exempted some of its business partners from the company’s privacy rules without notifying users. In many quarters, this would be called lying, which in turn would suggest a sordid management at Facebook. The more subtle astonishment, I submit, is that 2.2 billion users had stayed with Facebook after the hidden use of personal data for political purposes. The partnership between Facebook and Cambridge Analytica had hardly been made in heaven. Why such enduring trust in spite of external data being clear grounds for losing trust and giving up using Facebook? How many betrayals would be necessary? In literal marriages, trust can be lost “like that!” Similarly, when a child even unconsciously loses trust for her parents, the solid basis of trust in a normal parent-child relationship is lost most likely forever. Why has Facebook—a distant business punctuated by lies—get a pass?

The full essay is at "Facebook Secretly Betrayed Users."

See also the booklet, Taking the Face Off Facebook, available at Amazon.

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1. Gabriel Dance, Michael LaForgia, and Nicholas Confessore, “As Facebook Raised a Privacy Wall, It Carved an Opening for Tech Giants,” The New York Times, December 18, 2018.