Our Team
Joel Thayer, Principal
Joel has focused his practice on telecommunications, regulatory and transactional matters, as well as privacy and cybersecurity issues. Legislatures, courts, and regulators have used his submissions and articles as a source of legal authority to advance the political conversation in the tech and telecom policy circles.
Joel has represented clients in front of myriad legal and regulatory fora, including the Federal Communications Commission (FCC), Federal Trade Commission (FTC) and federal administrative agencies. Additionally, he has also represented amicus curiae before the United States Supreme Court and advised technology companies on the European Union’s General Data Protection Regulation. His practice extends to matters concerning both administrative and constitutional law.
At Thayer, P.L.L.C., he assists clients in drafting and filing regulatory comments in a wide array of regulatory fora to promote our clients’ goals. He also develops the firm’s telecom and competition strategies where he advises clients on how best to engage with relevant federal and international agencies. He received his law degree from American University, Washington College of Law, and a bachelor of arts from Cal State Fullerton.
BAR ADMISSIONS
· Member of the District of Columbia (D.C.) Bar
· Member of the California Bar
· Member of the D.C. Circuit Bar
· Member of the Federal Circuit Bar
PUBLICATIONS
Legal Briefs
Apple v. Pepper, Representing Amicus Curiae for ACT | The App Association, U.S. Supreme Court. https://www.supremecourt.gov/DocketPDF/17/17-204/59887/20180905142153602_17-204%20ACT%20amicus.pdf
Regents of the Univ. of Minn. v. LSI Corporation, 18-1559, No. 97, Amicus Brief (Fed. Cir. Aug. 13, 2018) (available at https://ecf.cafc.uscourts.gov/n/beam/servlet/TransportRoom )
Editorials
On TikTok, It’s All Fun and Games Until China Wants Your Info, The Wall Street Journal (2022). Available at https://www.wsj.com/articles/on-tiktok-its-all-fun-and-games-until-beijing-wants-your-info-china-ccp-national-security-app-store-apple-google-information-data-11658347613.
It’s Time for Big Tech to Take a Stand Against China, Newsweek (2021). Available at https://www.newsweek.com/its-time-big-tech-take-stand-against-china-opinion-1660251.
How to Hold Big Tech Accountable Without Overhauling Antitrust Law, Newsweek (2021). Available at https://www.newsweek.com/how-hold-big-tech-accountable-without-overhauling-antitrust-law-opinion-1615380.
Biden’s Bungling Broadband Plan, Washington Examiner (Apr. 5, 2021). Available at https://www.washingtonexaminer.com/opinion/bidens-bungling-broadband-plan.
Stack Neutrality: A Holistic Approach to Net Neutrality, Washington Examiner (Mar. 11, 2021). Available at https://www.washingtonexaminer.com/opinion/stack-neutrality-the-holistic-approach-to-net-neutrality.
Hey Pentagon, Same 5G Team!, Washington Examiner (Feb. 21, 2021). Available at https://www.washingtonexaminer.com/opinion/hey-pentagon-same-5g-team.
Do We Really Want to Copy China’s 5G Strategy, Washington Examiner (Feb. 22, 2021). Available at https://www.washingtonexaminer.com/opinion/do-we-really-want-to-copy-chinas-5g-strategy.
Why Can’t We Be Friends?: The FCC’s 5G Plea to Other Federal Agencies, Protego Press (2020). Available at https://protegopress.com/why-cant-we-be-friends-the-fccs-5g-plea-to-other-federal-agencies/.
Academic Articles
Lasering in on the Federal Communications Commission: Can the FCC Regulate Laser Communications, American University Intellectual Property Brief (2015), found here: http://www.ipbrief.net/wp-content/uploads/2015/09/FULL-PDF-6.2-FINAL.pdf.
Apple v. Pepper: A Rethinking of Illinois Brick?, ABA Section in Antitrust Law: The Civil Practice & Procedure Committee’s Young Lawyer’s Advisory Panel: Perspectives in Antitrust, Vol. 7: No. 3 (Feb. 2019).
The FCC’s Legal Authority to Regulate as Common Carriers, Federalists Society (Mar. 29, 2021).
In Response to Lawrence Spiwak, Federalist Society (Apr. 13, 2021). https://fedsoc.org/commentary/fedsoc-blog/in-response-to-lawrence-spiwak.
Apple’s App Store Injunction is Less Than Epic, Federalist Society (Oct. 1, 2021). https://fedsoc.org/commentary/fedsoc-blog/apple-s-app-store-injunction-is-less-than-epic
Christos A. Makridis & Joel Thayer, The Big Tech Antitrust Paradox: A Reevaluation of the Consumer Welfare Standard for Digital Markets, 27 Stan. Tech. L. Rev. 71 (2024). https://law.stanford.edu/publications/the-big-tech-antitrust-paradox-a-reevaluation-of-the-consumer-welfare-standard-for-digital-markets/
White Papers
Co-author, The Interagency Process and Its Importance in Securing the Future of 5G, University of Colorado School of Law website (2022). Available at https://siliconflatirons.org/publications/guice-greg-and-thayer-joel-the-interagency-process-and-its-importance-in-securing-the-future-of-5g/.
Co-author, What is the GDPR?, ACT Website (2018). Available at http://actonline.org/wp-content/uploads/ACT_GDPR-Guide_interactive.pdf
Joel Thayer & Morgan Reed, The Impact of Platforms on Software Distribution: What Makes an Ecosystem Work?, ACT | The App Association (2018). Available at http://actonline.org/wp-content/uploads/The-Dynamic-App-Economy3.pdf
Advocacy Pieces
The DoD’s Plan to Nationalize 5G and Its Implications, Lincoln Network (2020). Available at https://lincolnpolicy.org/2020/the-dods-plan-to-nationalize-5g-and-its-implications/.
Congress Should Support the FCC’s Plan to Auction Off C-Band, Lincoln Network (2020). Available at https://lincolnpolicy.org/2020/congress-should-support-the-fccs-plan-to-auction-off-c-band/.
Separating Fact from Fiction on the FCC’s Approach to Spectrum, Lincoln Network (2020). Available at https://lincolnpolicy.org/2020/separating-fact-from-fiction-on-the-fccs-approach-to-spectrum/.
Industry Advocates are Throwing Shade at the FCC’s Transparency Pilot, Medium (2017). Available at https://medium.com/@joellthayer/industry-advocates-are-throwing-shade-at-the-fccs-transparency-pilot-efb00cc5e871?lipi=urn%3Ali%3Apage%3Ad_flagship3_profile_view_base%3B%2F4IOIeM9QA6r6Vlw%2F5NieQ%3D%3D.
To Innovate, We Must Repatriate, ACT Website (2017). Available at http://actonline.org/2017/04/18/to-innovate-we-must-repatriate/?lipi=urn%3Ali%3Apage%3Ad_flagship3_profile_view_base%3B%2F4IOIeM9QA6r6Vlw%2F5NieQ%3D%3D.
There’s Room on the Dial: Using Television White Spaces for All, ACT Website (2017). Available at: http://actonline.org/2017/07/14/theres-room-on-the-dial-using-television-white-spaces-for-all/?lipi=urn%3Ali%3Apage%3Ad_flagship3_profile_view_base%3B%2F4IOIeM9QA6r6Vlw%2F5NieQ%3D%3D.
·In the News
12/30/2022, Joel L. Thayer Comments on the FCC’s Authority Over Tech Companies, “When Federal Officials Help Companies—and Their Own Financial Interests.” Wall Street Journal, December 2022
12/30/2022. Joel L. Thayer Comments on TikTok’s Ban, “Biden Signs TikTok Ban for Government Devices Amid Security Concerns,” NBC News. December 2022
12/16/2022. Joel L. Thayer Comments On Elon Musk’s Suspending Twitter Accounts, “Media Loses Its Mind After Elon Musk Bars Reporters From Twitter - Years After Shrugging About Post Ban.” New York Post. December 2022.
11/5/2022, Joel L. Comments on TikTok Ban Legislation, “The Movement to Ban TikTok: What the Midterms Could Mean For the Future of the App.” NBC News. November 2022.
02/02/2021, Joel L. Thayer Comments on FCC’s China Policy, “FCC’s China Policy Seen Building on Trump’s, Becoming More Targeted,” Communications Daily, February 2021
01/15/2021, Joel L. Thayer Discusses The FCC and Spectrum, “Pai FCC Took on Spectrum Bands Previous Administrations Wouldn’t Touch, Carr Says,” Communications Daily, January 2021
12/18/2020, Joel Thayer Discusses DOD/FCC Spectrum Clashes, “Lawyer Expects More DOD/FCC Spectrum Clashes,” Communications Daily, December 2020
12/07/2020, Joel Thayer Discusses Ligado and the National Defense Authorization Act, “Conference FY 2021 NDAA Revises Anti-Ligado Provisions, Contains No CDA S. 230 Repeal,” Communications Daily, December 2020
10/13/2020, Broadcasts and Podcasts: A Spectrum Discussion, “3 Questions with Johnny Broadband – A Spectrum Discussion with Former NASA Administrator Daniel Goldin and Joel Thayer of Phillips-Lytle,” Tower Talks, Inside Towers, October 2020
07/10/2020, Joel L. Thayer, FCC’s Ligado, Lawsuit Threatened, “Iridium Publicly Threatens Lawsuit To Overturn FCC’s Ligado Vote,” Breaking Defense, July 2020
06/24/2020, Joel L. Thayer, Conflict Over FCC Ligado Decision, “Panelists Critique Common Claims Agencies Use to Oppose FCC’s Ligado Decision,” Broadband Breakfast, June 2020
06/19/2020, Broadcasts and Podcasts: Gigabit Opportunity Zones, “FCC Chairman Touts ‘Gigabit Opportunity Zones’ for Places Like Buffalo with Disconnected Populations,” WGRZ, June 2020
06/15/2020, Joel L. Thayer, Ligado Recon Petitions, “Ligado Recon Petitions Seen Likely to Get FCC Answer” Communications Daily, June 2020
06/12/2020, Joel L. Thayer, Chinese Telecom Licenses, “US Weighing Whether to Revoke Chinese Telecom Licenses,” Voice of America, June 2020
06/02/2020, Broadcasts and Podcasts: Coronavirus, 5G, Restoring Internet Freedom, FCC, “Explain to Shane: Coronavirus, 5G, and Restoring Internet Freedom at the Federal Communications Commission with Joel Thayer,” Explain to Shane, American Enterprise Institute, June 2020
05/27/2020, Broadcasts and Podcasts: The FCC’s Vision for the Future of 5G, “The FCC’s Vision for the Future of 5G,” Lincoln Network, May 2020
05/18/2020, Joel L. Thayer, FCC Approval of Ligado, POLITICO “Morning Tech,” POLITICO, May 2020
02/18/2020, Joel L. Thayer, 5G and Data Security, “With 5G Comes Increased Awareness of Bad Actor Opportunities,” Rochester Business Journal, February 2020