TNO had submitted comments during the Notice and Comment Rulemaking period for OCB's rulemaking. TNO noted that the ACBA failed to consider a report by the Cato Institute on the costs and constitutional implications of the ACBA. TNO also noted in its comments that the OCB did not perform a Regulatory Impact Analysis determining the relative costs and benefits of the ACBA. TNO indicated that the OCB failed to disclose an Arizona State University report on the psychological effects of cyber-bullying on which the agency relied in its rulemaking decision. After the rule was finalized, TNO argued that the final rule was not consistent with the proposed rule, because the proposed rule did not include the word "blackmail."

Please address the following issues utilizing the IRAC format for your answers - Was OCB arbitrary and capricious in its rulemaking?