Shows
Tech Policy Podcast415: The State of AI RegulationMatt Perault (a16z) joins Corbin Barthold (TechFreedom) for a wide-ranging discussion of AI bills, AI laws, and AI vibes. Part of the WLF-TechFreedom Tech in the Courts webinar series.Topics include:Why did the AI moratorium die?Activity in the statesRegulate outcomes, not models?Next steps in Congress“Transparency”: so hot right nowThe AI panicLawsuitsLinks:Recorded Tech in the Courts Webinar—The State of AI Regulation
2025-08-0453 min
Tech Policy Podcast412: NASA: Lost in Space?TechFreedom’s Jim Dunstan and Corbin Barthold discuss the NASA administrator vacancy, the Artemis program, the NASA budget, SpaceX and Blue Origin, the moon and Mars, the FAA and NEPA, space regulatory sandboxes, and more.Links:“A Blueprint to Launch”: Regulatory Sandboxes for Outer SpaceRoadster location in spaceTech Policy Podcast 372: Spacesuits!Tech Policy Podcast 349: The State of Space ExplorationFoster The People - Lost In Space
2025-07-0156 min
Tech Policy Podcast411: Live: (Fired?) FTC Commissioners Slaughter & BedoyaFTC commissioners Rebecca Slaughter, Alvaro Bedoya, and Bill Kovacic speak with hosts Bilal Sayyed and Jessica Melugin at the 2025 TechFreedom / CEI Policy Summit: Constitutional Limits of FTC, FCC & DOJ Interference in Media and Speech.Links:Constitutional Limits of FTC, FCC and DOJ | Day 1Constitutional Limits of FTC, FCC and DOJ | Day 2SCOTUS Should Not Hand Sweeping Removal Powers to this PresidentSupreme Court order in Wilcox v. NLRBTech Policy Podcast 410: The FTC and Online Speech: What’s Next?Tech Policy Podcast 409: The FTC's Quixotic So...2025-06-231h 03
Tech Policy Podcast409: The FTC’s Quixotic Social Media InquiryMike Masnick (Techdirt) and Santana Boulton (TechFreedom) discuss the FTC’s “Inquiry on Tech Censorship.”Topics include:What are we doing here?The myth surrounding Hunter Biden’s laptopDoes the FTC know how terms of service work?Does the FTC know how cartels work?Content moderation is pro-free speechJawboning on steroidsLinks:Copia Institute FTC comments (https://tinyurl.com/y6r2b82f)TechFreedom FTC comments (https://tinyurl.com/mccbwa2h)Hello! You’ve Been Referred Here Because You’re Wrong About Twitter And Hunter Biden’s Laptop (https://tinyurl.com/68...2025-06-0257 min
Tech Policy Podcast408: Live: FCC Commissioner Anna GomezFCC Commissioner Anna Gomez speaks with TechFreedom President Berin Szóka at the 2025 TechFreedom / CEI Policy Forum: Constitutional Limits on FTC, FCC, and DOJ Interference in Media and Speech.Topics include:Nice broadcast license. Would be a pity if …Section 230 is good, actuallyAgency independence is good, actuallyHow do you litigate regulation-by-threat?Edge providers =/= common carriersJawboning versus jaw 👏 boning 👏Skidmore is for expertsLinks:Constitutional Limits of FTC, FCC and DOJ | Day 1Constitutional Limits of FTC, FCC and DOJ | Day 2
2025-05-2344 min
Tech Policy Podcast404: The Worst Possible Moment to Break EncryptionCorbin Barthold (TechFreedom) discusses the recent spate of attacks on end-to-end encryption—and free speech more broadly—in the United Kingdom and United States.Links:U.K. Orders Apple to Let It Spy on Users’ Encrypted AccountsTech Policy Podcast 356: The UK Targets End-to-End EncryptionThe UK’s state-funded anti-encryption propagandaThe UK Has A Voyeuristic New Propaganda Campaign Against Encryption
2025-04-1753 min
Tech Policy Podcast402: Can Trump Fire FTC Commissioners at Will?In a crossover episode with the Rethinking Antitrust podcast, Bilal Sayyed (TechFreedom) questions our host, Corbin Barthold, about the presidential removal power, Humphrey’s Executor, the FTC, the Trump administration, and the Roberts Court.Note: This episode was recorded just before the D.C. Circuit issued an interlocutory order addressing the president’s removal power as to the NLRB and the MSPB. That order is in the links.Links:Rethinking AntitrustThe Executive Power of RemovalWill the Supreme Court Face Down Trump or Flinch?The D.C. C...2025-03-311h 01
Tech Policy Podcast399: What the TikTok Ruling Should Have SaidJeffrey Fisher (Stanford Law) argued the TikTok case before the Supreme Court, on behalf of a group of U.S. TikTok users. He and host Corbin Barthold (TechFreedom) discuss the SCOTUS TikTok ruling that should have been.Links:U.S. TikTok Petitioners’ Opening Supreme Court BriefTech Policy Podcast 394: Tech and Trump 2.0Tech Policy Podcast 371: So You Want to Ban TikTokTech Policy Podcast 344: TikTok and the First Amendment
2025-03-0351 min
Tech Policy Podcast398: AI Policy Potpourri (Part Two)TechFreedom’s Corbin Barthold, Andy Jung, and Santana Boulton continue their discussion of the many, many things going on in AI innovation, competition, and regulation. Topics include:The Lina Khan AI crackdown (that we averted)What’s next for the FTC and AI?(More) AI culture war600 state AI bills (might be 600 too many)Blackpilled about EuropeMicromanaged deregulation (is not a thing)Will the EU become unaligned?Links:Don’t California My Texas: Stargate EditionThe European Commission’s (Anti)Competitiveness CompassHow Liberal Democracy Might Lose the 21st Century2025-02-2450 min
Tech Policy Podcast397: AI Policy Potpourri (Part One)TechFreedom’s Corbin Barthold, Andy Jung, and Santana Boulton take you on a tour of the many, many things going on in AI innovation, competition, and regulation. Topics include:First signs of AI escape velocity?Automated luxury libertarianismThe Trumpian vibe shiftAI culture warThe AI $$$$ bonfireThe one-week DeepSeek freakoutIs regulation futile?Links:Tyler Cowen on OpenAI’s Deep ResearchDwarkesh Patel on fully automated firmsTrump Signs AI and Tech Executive OrdersSome Simple Lessons From China’s Big AI BreakthroughTech Giants Double Down on Their M...2025-02-1742 min
Tech Policy Podcast394: Tech and Trump 2.0Ari Cohn (FIRE) and Corbin Barthold (TechFreedom) preview the biggest tech policy issues of the Trump II administration.Topics include:TikTok ban: still unconstitutionalTrump’s bonkers TikTok briefWas it worth it, Brendan Carr?Obsolete rules for obsolete TV networksCarr & Sec. 230: not how any of this worksAndrew Ferguson plays MAGA Mad LibsFerg & antitrust: not how any of this worksKOSA rises from the cryptLinks:Tech Policy Podcast 344: TikTok and the First AmendmentTech Policy Podcast 371: So You Want to Ban TikTokChristopher Terry’s Carr/Fox FOIA requestThe...2025-01-1359 min
Tech Policy Podcast390: The Apple Antitrust CaseGeoff Manne (International Center for Law & Economics) and Corbin Barthold (TechFreedom) discuss the Department of Justice’s antitrust lawsuit against Apple.Topics include:The DoJ’s case: five weird tricks Apple: closed from the startLet’s talk about green bubbles …Refusal to deal or exclusionary conduct?A well-defined product market (for once)Triple-bank-shot antitrust liability (eww)DoJ-designed smartphones: what could go wrong!Links:Lina Khan’s Norm-Busting LegacyTech Policy Podcast 384: The Facebook Antitrust CaseTech Policy Podcast 357: The Amazon Antitrust CaseTech Policy Podcast 353: The Google Search Anti...2024-11-201h 12
Tech Policy Podcast389: The Rise of the Compliant Speech Platform — With Daphne KellerDaphne Keller (Stanford Cyber Policy Center) and Corbin Barthold (TechFreedom) have a wide-ranging conversation about the impact of the EU’s Digital Services Act on content moderation, the costs and benefits of platform transparency, the pervasiveness of complexity, the work of James C. Scott, Germans’ abiding thirst for data, the Burmese heroin trade, and more. For more, see Daphne’s recent article in Lawfare, “The Rise of the Compliant Speech Platform.”Topics include:Big Tech and the DSADaphne the investigative reporterA court case for every comment removalThe EU: bean counter of human dignityJames C. Scott appreciation dayWhat do...2024-11-071h 01
Tech Policy Podcast387: Crypto Regulation — With Paul GrewalPaul Grewal (Coinbase) takes us on a deep dive into all aspects of crypto regulation, litigation, and legislation. A crossover episode with the Washington Legal Foundation / TechFreedom Tech in the Courts series.Topics include:The elevator pitch for cryptoSecurities law: it’s not the New Deal anymoreThe inconsistent SECSEC v. Coinbase / Coinbase v. SECOperation Choke Point 2.0The need for crypto legislationCentral bank digital currencies (are dumb)Satoshi Nakamoto: a $68 billion mysteryLinks:Keep Crypto FreeCoinbase’s Petition for Rulemaking to the SECOperation Choke Point 2.0 Is Underway, and Cryp...2024-10-1752 min
Tech Policy Podcast386: Major Questions About Major QuestionsCorbin Barthold (TechFreedom) provides a guided tour of the Supreme Court’s major questions doctrine.Topics include:Major questions: an introductionNo one knows what it means, but it’s provocativeIs major questions new?Stories we tell about CongressWelcome to the kludgeocracyPolitics vs. expertiseThe Supreme Court cannot save usLinks:West Virginia v. EPA: Sound and Fury, Signifying What?Tech Policy Podcast 311: Administrative Law, and Why You Should Care
2024-10-0359 min
Tech Policy Podcast384: The Facebook Antitrust CaseGeoff Manne (International Center for Law & Economics) and Corbin Barthold (TechFreedom) discuss the many, many flaws in the FTC’s antitrust lawsuit against Meta (Facebook). A crossover episode with the Washington Legal Foundation / TechFreedom Tech in the Courts series.Topics include:- The ontology of Facebook- Social networking: it’s not 2008 anymore- The FTC’s made-up market- The WhatsApp Catch-22- Has Facebook been enshittified?- Product design by government: bad idea!- Growing startups: hard, actuallyLinks...2024-09-0954 min
Tech Policy Podcast383: SCOTUS Internet Non-LawTechFreedom’s Corbin Barthold, Ari Cohn, and Santana Boulton partake in a summer doldrums bitchfest about recent and upcoming Supreme Court internet speech cases. Topics include:SCOTUS ducks in Moody v. NetChoiceHey, let’s *not* reward bad-faith legislatingJustice Kagan: progressive traitor (and we love it)Justice Alito is madWhat’s next for online speech?SCOTUS ducks in Murthy v. MissouriJudge Terry Doughty: incompetent boobThe censorship industrial complex that wasn’tSCOTUS takes up Free Speech Coalition v. PaxtonTexas tries to age-gate XXXIs porn getting more extreme?The seven dirty wordsLinks:Tech Policy Podcast 350: When the...2024-08-271h 18
Tech Policy Podcast378: Broadband Regulation at the Zombie FCCBerin Szóka (TechFreedom) and James Dunstan (TechFreedom) discuss the FCC’s recent orders on Title II common-carrier regulation and digital discrimination.Topics include:A hundred years of telecom law in four minutesThe craziest story in the history of federal regulationFCC: Huzzah for crappy Internet (like in Europe)!SCOTUS: Congress must tackle major questions!Disparate treatment vs. disparate impactThe FCC crams an elephant in a mouseholeLinks:Zombie FCC vs. Schoolhouse-Rock Supreme CourtFCC Revives Common Carriage for the InternetTechFreedom’s brief in the digital discrimination litigationTec...2024-07-0157 min
Tech Policy Podcast#373: Porn and the First AmendmentIt’s the episode you’ve been waiting for: TechFreedom’s Corbin Barthold and Ari Cohn talk about pornography and free expression.Topics include:The Founding Fathers: epic porn fiends (j/k)Obscenity law, a brief historyDo conservatives still want to ban James Joyce?“I know it when I see it”—Worst. Legal standard. Ever.Is there a moral case against porn? (Spoiler alert: No)The Fifth Circuit botches internet speech lawLinks:Tech Policy Podcast #360: Red States vs. Every SCOTUS Internet PrecedentA Reagan Judge, The First Amendment, And The Eternal War...2024-04-2553 min
Tech Policy Podcast#371: So You Want to Ban TikTokCorbin Barthold (TechFreedom) discusses, in exquisite detail, the First Amendment problems with H.R. 7521, the House bill to ban TikTok.Topics include:Your First Amendment right to read crazy shitTikTok ban bros: throwing spaghetti at the wallForeign broadcast-ownership rules: so passé“iT’S nOT sPEech, It’S CoNDuCt”H.R. 7521: Least. Tailored. Law. Ever.Banning media: it’s what the other guys doMcCarthyism: so hot right nowLinks:A Breakdown of the Bizarre Factions Fighting Over the TikTok Ban BillTech Policy Podcast #344: TikTok and the First AmendmentTech Policy Podc...2024-04-0144 min
Tech Policy Podcast#370: The SCOTUS Internet-Speech Law Apocalypse — With Daphne KellerDaphne Keller (Stanford Cyber Policy Center) and Corbin Barthold (TechFreedom) discuss the Supreme Court oral argument in Murthy v. Missouri (government jawboning of social media platforms) and the NetChoice cases (state content moderation laws).Links:Six Things About JawboningThe Lies the 5th Circuit Told You About the Government ‘Pressuring Social Media to Censor’Tech Policy Podcast #350: When the Government Yells at Social MediaFAQs About the NetChoice Cases at the Supreme Court, Part 1FAQs About the NetChoice Cases at the Supreme Court, Part 2The Long...2024-03-251h 01
Tech Policy Podcast#366: Tech, Gender, and FreedomIt’s a big picture episode! One day (soon?), technology will enable convenient, low-cost gender transition. What does that say about human “nature”? What are the implications for society? What are (some) people getting so upset about? Jason Kuznicki (TechFreedom) joins the show to discuss.Gender as Essence and as Economic ChoiceCosmos + Taxis issue on gender (including articles by Nathan P. Goodman and by Akiva Malamet and Mikayla Novak)Pacification (Jason’s Substack)Tech Policy Podcast #327: The Collapse of Complex Societies (2022 Big Picture Episode)Tech Policy Podcast #301: The Realignm...2024-02-1452 min
Tech Policy Podcast#363: AI and ElectionsTechFreedom’s Ari Cohn and Corbin Barthold discuss whether AI is going to spark an “infocalypse,” bring about the “collapse of reality,” and destroy our elections. Is AI about to “flood” our “screens” with “misinformation” that’s “dangerous to democracy”? Notwithstanding these quotes from recent press stories, the answer is probably no.Ari’s Senate testimonyWhat the Doomsayers Get Wrong About DeepfakesScott Brennen + Matt Perault paperTech Policy Podcast #358: Information Animals Fighting Information WarsTech Policy Podcast #359: Your Right to Lie — With Jeff Kosseff
2024-01-1145 min
Tech Policy Podcast#362: Common Carrier Rules, the Tech Stack, and YouBlake Reid (Colorado Law) and Berin Szóka (TechFreedom) join the show to discuss the constitutional and policy implications of applying common carrier rules at different layers of the “tech stack.” Should broadband providers be forced to carry content? Should social media platforms? How about both? Or neither? Maybe the former, but not the latter? How about the latter, but not the former? . . . Wait, stop. That last one is nonsense. Tune in to find out why.The Greatest Internet Law Chart EverUncommon Carriage The Conservative Bias Panic Comes for Gmail’s Spam Detectio...2023-12-111h 01
Tech Policy Podcast#357: The Amazon Antitrust CaseGeoff Manne, president and founder of the International Center for Law & Economics, and host Corbin Barthold, internet policy counsel at TechFreedom, discuss the FTC’s lawsuit against Amazon.FTC Chair Lina Khan’s Mission to Destroy Amazon Will Harm Millions of ConsumersFTC v Amazon: Significant Burdens to Prove Relevant Markets and Net Consumer HarmTech Policy Podcast #353: The Google Search Antitrust Trial
2023-10-201h 09
Tech Policy Podcast#351: The End of Chevron Deference?Dissed Podcast: Lady Justice Isn’t BlindPacific Legal Foundation’s amicus brief in Loper BrightTechFreedom’s amicus brief in Loper BrightChevron Is Dead, Long Live ChevronTech Policy Podcast #311: Administrative Law, and Why You Should Care
2023-08-2152 min
Tech Policy Podcast#350: When the Government Yells at Social MediaAri Cohn, Free Speech Counsel at TechFreedom, joins the show to discuss Missouri v. Biden, the tricky relationship between the First Amendment and government jawboning of social media platforms, and the unhinged discourse around social media “censorship.”Links:Judge Doughty’s opinionThe Future of Online Speech Shouldn’t Belong to One Trump-Appointed Judge in LouisianaIf You Believe In Free Speech, The GOP’s “Weaponization” Subcommittee Is Not Your FriendWhy Is The Republican Party Obsessed With Social Media?Trumpism on the Bench?The Internet Speec...2023-08-0850 min
Tech Policy Podcast#344: TikTok and the First AmendmentMany legislators and policymakers want to ban TikTok from the United States. They claim that the wildly popular social media platform endangers American national security. Although the critics are making a lot of noise, their argument for a ban is surprisingly shaky. What concrete threat does TikTok pose? What First Amendment obstacles stand in the way of a ban? TechFreedom’s Corbin Barthold and Ari Cohn discuss.
2023-05-1048 min
Tech Policy Podcast#341: The FTC Tries to Shape the MarketThe Federal Trade Commission is making a lot of headlines. Much of that news revolves around the agency’s notable antitrust cases—such as its efforts to block Meta’s purchase of Within, to break up Facebook and Instagram, and to block Microsoft’s purchase of Activision. How aggressive is the FTC’s approach? What is its plan? Our guest is Bilal Sayyed, senior competition counsel at TechFreedom. He explains where the agency’s antitrust policy breaks new ground—and where it does not.
2023-03-2953 min
Tech Policy Podcast#340: Making Sense of the SCOTUS Internet Speech CasesThree major Internet speech disputes are at, or barreling toward, the Supreme Court. In Gonzalez v. Google, the justices will consider the scope of Section 230. In 303 Creative v. Elenis, they will decide whether a company can be compelled to design a website against its will. And if they grant review (as expected) in Moody v. NetChoice and NetChoice v. Paxton, the justices will rule on whether large social media platforms have a First Amendment right to editorial discretion. How do these cases fit together? Your humble host, Corbin Barthold, Internet Policy Counsel at TechFreedom, tries to figure it out.2023-03-1755 min
Tech Policy Podcast#336: Tech Illiteracy on the RightBad tech policy is a bipartisan affair. Lately, though, the right has particularly excelled at it. TechFreedom’s Corbin Barthold and Ari Cohn discuss the GOP’s obsession with supposed “Big Tech censorship,” its performative new “weaponization” subcommittee, its strange quest to turn spammy fundraising emails into a political cause, and more. The episode centers around Corbin’s and Ari’s article at Techdirt, “If You Believe In Free Speech, The GOP’s ‘Weaponization’ Subcommittee Is Not Your Friend,” and Corbin’s article for The Bulwark, “The Republican Project to Break Your Email Account.” The podcast Corbin mentions (8:24) is called Moderated Content. The Mc...2023-01-2454 min
Tech Policy Podcast#333: The FCC in SpaceThe United States is entering a second golden age of space innovation. Can the country’s regulatory infrastructure keep up? For better or worse, the Federal Communications Commission is bidding to fill the void (so to speak). What moves is the FCC making? Is the agency acting within its legal authority? What can it do to help the American space industry succeed? James Dunstan, TechFreedom’s general counsel, joins the show to discuss. For more, see TechFreedom’s recent FCC comments on in-space servicing, assembly, and manufacturing. Jim’s 2017 testimony before the Senate space subcommittee, mentioned at 7:36, is available here.2022-12-0643 min
Tech Policy Podcast#326: Content Moderation PotpourriContent moderation is, as ever, an interesting, contentious, and fast-paced policy area. TechFreedom’s Corbin Barthold, Andy Jung, and Santana Boulton sit down for a late-summer content moderation news roundup. They cover (among other things) Andy’s recent article on AB 2408, a misguided attempt by California to combat teenage social media addiction; YouTube’s recent Supreme Court brief in Gonzalez v. Google, a case about whether Section 230 protects algorithmic recommendations (spoiler alert: it does); Santana’s essay arguing that algorithms are speech protected by the First Amendment; and Corbin’s recent piece in Techdirt, “Two Dogmas of the Free Speech Panic...2022-08-1657 min
Tech Policy Podcast#325: Live: Quinta Jurecic on Jan. 6, Social Media, and the Great RageHello from TechFreedom’s 2022 Policy Summit! The panelists at this year’s gathering discussed truth decay and misinformation, the collapse of trust in experts, and the future of free speech and social media. In this live recording from the event, Lawfare’s Quinta Jurecic explores those themes and more while discussing the January 6 Committee, Trump’s election “Big Lie,” the difficulty of combatting online extremism, the insanity that is Steve Bannon, and the fraying of American civic life. For more, see “The Great Rage,” a must-read essay Quinta published in The Atlantic.
2022-07-2652 min
Tech Policy Podcast#324: Parler GamesIs “Big Tech censorship” really a thing? If so, are the social media giants facing effective competition from sites that style themselves as free speech alternatives? What does it mean to be a free speech platform, anyway? Parler’s Chief Policy Officer, Amy Peikoff, discusses these questions and much more with TechFreedom’s Corbin Barthold and Ari Cohn. Needless to say, the talk of the deal between Elon Musk and Twitter, at the top of the episode, was recorded before Musk declared that he wants out! Amy’s law review article on privacy, mentioned toward the end of the show, is a...2022-07-111h 09
Tech Policy Podcast#323: Florida & Texas vs. the InternetLast year, Florida and Texas passed draconian social media speech regulations. Each law violates the First Amendment, and, not surprisingly, each was blocked by a federal trial court. On appeal, however, things got weird. Although one appellate court affirmed most of the ruling against Florida’s law (SB 7072), another let Texas’s (HB 20) go into immediate effect. In an emergency order, the Supreme Court re-blocked the Texas law—for now. A further ruling by the justices, probably next year, is all but inevitable. TechFreedom’s Corbin Barthold and Ari Cohn break down the situation. For more, see a recent article...2022-06-2953 min
Tech Policy Podcast#321: Musk’s Moderation Musings (And Beyond)Ever since his (putative) deal to buy Twitter was announced, Elon Musk has hijacked the debates around content moderation, the design of social media, and online speech. His comments on these subjects are a mish-mash of (sometimes contradictory) slogans. Jillian York, director for international freedom of expression at the Electronic Frontier Foundation, and Berin Szóka, founder and president of TechFreedom, join the show for a more informed exploration of these topics. Along with host Corbin Barthold, they discuss the nuances of social media transparency, the value of user anonymity, the promise of decentralized protocols, and more. Mentioned on t...2022-05-2451 min
Tech Policy Podcast#320: The Right and Social MediaEvolving technology—not to mention evolving norms in Silicon Valley—has sparked fierce debate about online speech. Are social media platforms too powerful? Do their content moderation policies strike a good balance between free speech and healthy conversation? Should the government get involved in policing disinformation? In this episode, we home in on how the American Right views these issues. Nate Hochman, an ISI fellow at National Review, and Rachel Altman, TechFreedom’s director of digital media, join the show to discuss the federal government’s new “Disinformation Governance Board,” Elon Musk’s planned acquisition of Twitter, and what conservative p...2022-05-1744 min
Tech Policy Podcast#318: The Universal Service FundThough its goal—to help bridge the digital divide—is laudible, the Universal Service Fund is a badly structured, badly run, wasteful, much abused, unsustainable program. Jim Dunstan, general counsel at TechFreedom, joins the show to discuss the many problems with the USF, and some of the proposals to fix it. For more, see Jim’s piece for the Regulatory Transparency Project, “The Arrival of the Federal Computer Commission?”; Corbin’s piece at Law & Liberty, “No Legislation Without Representation”; TechFreedom’s recent comments to the FCC on the future of the USF; and TechFreedom’s recent amicus brief on the unconstitutional...2022-04-2738 min
Tech Policy Podcast#314: The State of Internet FreedomThe Internet can be a powerful tool for decentralization and resistance. Lately, however, authorities from across the political spectrum have been trying to use it to enforce conformity and exert control. Ari Cohn, TechFreedom’s Free Speech Counsel, and Rachel Altman, its Director of Digital Media, join the show to discuss government efforts to stamp out the Canadian trucker protest, to limit end-to-end encryption, and to dictate how private companies engage in content moderation; and to assess what those efforts mean for the future of Internet freedom.
2022-03-1659 min
Tech Policy Podcast#313: Responding to the Broadband PopulistsActivists like to shower the American broadband industry with criticism. In a new paper, Anticorporate Broadband Populists’ Real Agenda: Destroy the Current Private-Sector System, Robert Atkinson, founder and president of the Information Technology and Innovation Foundation, highlights the activists’ ultimate goal: to turn broadband into a government-run utility. Rob joins TechFreedom’s Corbin Barthold and James Dunstan to discuss the holes in the activists’ arguments, the problems with municipal broadband, and the (pretty darn good) state of the broadband industry.
2022-03-0356 min
Tech Policy Podcast#310: Algorithmic AmplificationAlgorithmic amplification is the latest hot topic in the (seemingly endless) debate over social media content moderation. Legislators are introducing bills that would regulate when and how social media websites may “amplify” content by placing it near the top of people’s newsfeeds. But are these bills constitutional? Do they even address the problems the legislators claim to care about? Daphne Keller, a fellow at Stanford University’s Center for Internet and Society, is the author of Amplification and Its Discontents, a seminal paper on these subjects. She joins host Corbin Barthold and Ari Cohn, Free Speech Counsel at TechFree...2022-01-2052 min
Tech Policy Podcast#306: The New Space RaceJeff Bezos, Richard Branson, and even William Shatner have just been to space. Elon Musk is building rockets, launching satellites, and dreaming of going to Mars. The reaction on Twitter has been . . . snark!? TechFreedom’s own James Dunstan (a bona fide space lawyer) and Corbin Barthold (who’s been on Disneyland’s Space Mountain ride) discuss the new space entrepreneurs, the regulatory hurdles they face, and why people should root for them to succeed. For more, see Jim’s Medium post, “Bring on the Space Barons,” and Corbin’s article in The Bulwark on SpaceX’s Starlink satellite project.
2021-11-2355 min
Tech Policy Podcast#305: FISA at the Supreme CourtOn November 8, the Supreme Court will hear oral argument in FBI v. Fazaga, an important case on the meaning and scope of the Foreign Intelligence Surveillance Act. The system of domestic foreign-intelligence spying created by FISA has been plagued with abuse and controversy. Could the Court use Fazaga to address some of the system’s shortcomings? Elizabeth (Liza) Goitein, co-director of the Brennan Center for Justice’s Liberty & National Security Program, joins the show to discuss the case, to give a preview of the argument, and to explain the broader flaws in the FISA framework. For more, see the amic...2021-11-0354 min
Tech Policy Podcast#304: Gen Z and Social MediaGeneration Z are the first true digital natives—people who cannot remember a time before the internet. This gives Gen Z a unique perspective, but it is also driving concerns (mainly among older generations) about the potential drawbacks of growing up in a digital age. Kir Nuthi, public affairs manager for NetChoice, and Rachel Altman, director of digital media at TechFreedom, join the show to discuss how Gen Z use social media, the challenges of content moderation, and the moral panic over teen social media use. For more, see Kir’s op-ed on content moderation at Fortune.com.
2021-10-2645 min
Tech Policy Podcast#303: Antitrust and InnovationThe lively debate over the future of antitrust law continues. The Neo-Brandeisians want an aggressive, “big is bad” approach. The Chicago School defends the current system and its consumer-welfare standard. Which side has the better of the argument? Could it be that neither does? Aurelien Portuese, Director of ITIF’s Schumpeter Project on Competition Policy, joins the show to discuss the problems with antitrust populism, the flaws in the antitrust debate more generally, and his vision for a dynamic antitrust policy centered around innovation. In addition—naturally!—Aurelien has some thoughts to share on the great Joseph Schumpeter, the economist...2021-10-1857 min
Tech Policy Podcast#297: The Latest on Section 230Section 230 is as important — and as widely misunderstood — as ever. TechFreedom’s Free Speech Counsel, Ari Cohn, joins the show to discuss the latest lawsuits, legal theories, and legislative bills swirling around the great charter of free speech on the Internet.
Update: Ari and Corbin fret, on the show, about the Second Circuit’s grant of rehearing in Domen v. Vimeo — a case in which the panel straightforwardly applied Section 230(c)(2). It turns out that the court granted only panel rehearing (not en banc rehearing), and that it did so simply to issue a slightly amended opinion. Phew! Bett...2021-07-2954 min
Tech Policy Podcast#295: Can Social Media Be Regulated Like Common Carriage?Are social media websites more like newspapers (with strong free speech rights) or common carriers (with weaker free speech rights)? Enjoining enforcement of Florida’s Internet speech law, SB 7072, a federal judge recently wrote that they’re somewhere “in the middle.” Eugene Volokh, of UCLA School of Law, and Berin Szóka, president of TechFreedom, join the show to debate whether that’s right.
For more on Eugene’s position (i.e., some aspects of social media can properly be analogized to common carriage), see Eugene’s recent post, “Social Media Platforms as Common Carriers?,” at The Volokh Conspiracy...2021-07-071h 18
Tech Policy Podcast#290: The Net Neutrality Feud Heads West“America is built on a tilt,” runs the apocryphal Mark Twain quote, “and everything loose slides to California.” So it might be said of net neutrality. The court fight over California’s new net neutrality law is only the latest episode in a long-running battle. TechFreedom’s James Dunstan and Corbin Barthold discuss what got us here (net neutrality ping pong at the FCC), where we are (a state trying to regulate an inherently interstate network), and where we need to go (a federal law that finally puts the debate to rest).
For more, see TechFreedom’s amicus brief in...2021-04-2233 min
Tech Policy Podcast#287: No, Florida Can’t Regulate Online SpeechFlorida is poised to enact a law limiting social media websites’ ability to ban or moderate users. TechFreedom's Berin Szóka and Corbin Barthold discuss whether the bill is constitutional, and whether it would really protect speech (spoiler alert: no and no). For more, see their essay on the bill in Lawfare, a TechFreedom paper on Section 230 and the First Amendment, and a previous podcast episode on efforts to apply the Fairness Doctrine to the Internet.
If you’ve already heard us explain why the First Amendment protects content moderation and just want to hear why the Florid...2021-03-2441 min
Tech Policy Podcast#281: Should companies be allowed to acquire their start-up competitors?Policymakers across the political spectrum are using antitrust law to attack established companies’ acquisitions of smaller competitors. But are these “nascent acquisitions” inherently harmful? Asheesh Agarwal, TechFreedom’s deputy general counsel and competition counsel, and Andy Jung, a law clerk at TechFreedom, join the show to provide some historical context. They argue that nascent acquisitions often benefit both entrepreneurs and consumers. For more, see their new paper, The Long and Successful History of Nascent Acquisitions Suggests Caution in Rethinking Antitrust Enforcement.
2020-12-0830 min
Tech Policy Podcast#280: Section 230, Antitrust, and Consumer ProtectionThe Global Antitrust Institute’s Report on the Digital Economy is out! Berin Szóka, the founder of TechFreedom, returns to the show to discuss his chapter, Section 230: An Introduction for Antitrust & Consumer Protection Practitioners. On tap: the history of Section 230; how it applies in antitrust and consumer-protection cases; l’affaire Federalist; adventures in futile litigation; Internet Darwinism; and more. Be sure to check out the full GAI report.
2020-11-2551 min
Tech Policy Podcast#277: Can the DOJ Break up Google?Last week, the Department of Justice and eleven Republican state attorneys general filed a lawsuit alleging Google has used anticompetitive practices to maintain a monopoly. TechFreedom deputy general counsel Asheesh Agarwal and president Berin Szóka join the show to discuss the problems with the lawsuit and the broader issues within competition policy. For more, see TechFreedom’s work on the subject, including a press release on the lawsuit, an op-ed in The Federalist on the economic harms of overly aggressive antitrust, and comments on DOJ and FTC draft vertical merger guidelines.
2020-10-2940 min
Tech Policy Podcast#274: Can Platforms Stop the Spread of Misinformation?With the approaching election, preventing the spread of online misinformation is especially important. Heather West, head of Americas policy at Mozilla, joins the show to discuss how misinformation spreads, how platforms are dealing with it, and how this ties in to the broader discussion on content moderation.
2020-08-2130 min
Tech Policy Podcast#273: [The] Breakup Speech: Antitrust and Free SpeechLegislators on both the left and right have raised concerns over the control a few major platforms have over online speech. Is breaking up those platforms a way to protect free expression on the Internet? Neil Chilson, Senior Research Fellow for technology and innovation at the Charles Koch Institute and former acting chief technologist at the FTC, joins the show to discuss the problems with this approach. For more, see his essay on the subject.
2020-07-3020 min
Tech Policy Podcast#272: Transparency, Tech, and Surveillance with WashingTechWith policing reform at the center of the country’s attention, it’s critical to examine the ways in which the state’s use of technology can enable abuse and discrimination. Joe Miller, president and CEO of the Washington Center for Technology Policy and Inclusion and host of the WashingTech podcast, joins the show to discuss the roles that body cameras, facial recognition, and other technologies play in government surveillance. Follow him on Twitter @joemillerjd
2020-07-1617 min
Tech Policy Podcast#271: Pay Black Women, PinterestThis is the story of two brilliant Black women — Aerica Shimizu Banks and Ifeoma Ozoma. Pinterest, the company they gave their talents and dedication to, mistreated them and discriminated against them. Pinterest still hasn't done right by them.
You can read coverage of their story in The Washington Post, The Business Insider, The Protocol, Politico, The LA Times, Forbes, NPR, USA Today and many other outlets. Here is the Statement from The Color of Change.
Follow Aerica and Ifeoma on Twitter at @erikashimizu and @IfeomaOzoma
2020-07-0250 min
Tech Policy Podcast#270: Cryptocurrency and Florida’s Tech PolicyThe current economic and social upheaval has made cryptocurrency more important than ever, Andrea O’Sullivan, director of the Center for Technology and Innovation at the James Madison Institute joins the show to discuss the latest policy developments in the area, as well as an update on the state of tech policy in Florida.
2020-06-2626 min
Tech Policy Podcast#269: Telehealth in the Age of COVID-19 – What’s Next?Given the importance of staying home to minimize the spread of the coronavirus, telehealth is more vital than ever. Recently, the federal government has eased regulations to allow easier access to alternatives to in-person doctor visits. Rene Quashie, Vice President of Digital Health for the Consumer Technology Association, joins the show to discuss the implications of these regulatory rollbacks, particularly with regard to privacy. For more on the subject, see CTA’s guiding principles on digital health.
2020-06-1517 min
Tech Policy Podcast#268: 5G Innovation w/ SamsungWhile 5G wireless technology is beginning to be rolled out, we’re only just starting to see how new innovations will affect our lives. John Godfrey, senior vice president for public policy at Samsung Electronics America joins the show to discuss what Samsung’s work in 5G innovation and how the technology will influence the future of work and society as a whole, as well as the company’s efforts during the COVID-19 pandemic.
2020-05-0829 min
Tech Policy Podcast#253: The Road Ahead for Self-Driving CarsAs the technology behind self-driving cars becomes increasingly viable for more widespread use, lawmakers and regulators have grappled with creating a legal framework for them. Jamie Boone, Vice President of Government Affairs at the Consumer Technology Association, and Ian Adams, Vice President of Policy at TechFreedom, join the show to discuss the current regulatory landscape for autonomous vehicles at the state and federal levels.
2019-09-1927 min
The VergecastTechFreedom's Berin Szóka on bad tech policyThis week on the Vergecast interview series, The Verge editor-in-chief Nilay Patel sits down with Berin Szóka, the president of TechFreedom. TechFreedom is a tech policy think tank based in Washington, DC that “digs deep into the hard policy and legal questions raised by technological change.”Berin and Nilay have differed on a few issues regarding tech policy, like net neutrality, but what they do agree on is the state of the tech policy conversation — it’s bad. Szóka says Republicans he has previously worked with are now getting important topics like Section 230 of the Communicat...2019-08-131h 02
Tech Policy Podcast#245: Does the Internet Actually Need Saving?The Save the Internet Act, intended to force the FCC to revert to regulating the Internet under Title II, passed the House earlier this month and will soon be considered in the Senate. But is the legislation even necessary to protect consumers? Is it legally sound, or will it create new complexities and unintended consequences? TechFreedom President Berin Szóka joins the show to discuss. Here you can find the blogpost about Santa Clara Fire and Verizon and TechFreedom’s analysis of the Save the Internet Act.
2019-04-2424 min
Tech Policy Podcast#241: Journalists v. TrumpPresident Trump is known for his aggressive attitude toward the media, but do his actions and statements represent a violation of the First Amendment? In a recent lawsuit, PEN America argues that Trump’s use of regulatory and enforcement powers against critical media outlets goes well beyond constitutional limits. Joining the show to discuss the case are Kristy Parker, counsel for Protect Democracy, the nonprofit helping to represent PEN America in the case; and Berin Szóka, president of TechFreedom. For more information about the case, see Protect America’s overview.
2018-11-0834 min
Tech Policy Podcast#239: Net Neutrality: Can States Regulate the Internet?California Governor Jerry Brown signed a bill on September 30 that would apply the net neutrality regulations imposed by the 2015 Open Internet Order to Internet service providers in the state of California. Will the law stand up to the legal challenges against it? And what can states do to protect consumers when it comes to Internet service? Ash is joined by TechFreedom President Berin Szóka and former TechFreedom Legal Fellow Graham Owens to discuss. For more, see Graham’s paper on state regulation of broadband, and our other work on net neutrality, including our letter urging the veto of the...2018-10-0830 min
Tech Policy Podcast#235: Hasta La Vista, Robocalls?!The FCC welcomed Comments on how to interpret what an Automatic Telephone Dialing Systems(ATDS) is under the TCPA, which targets telephone solicitations that rely upon equipment that have the capacity to store or produce numbers using a random or sequential number generator, and to dial those numbers without human intervention. This comes after the ACC International v. FCC ruling where the FCC’s interpretation of an ATDS in its’ 2015 Declaratory Ruling and Order was held as overly broad. That interpretation encompassed all technology with both the present and theoretical capacity as an ATDS, which meant smartphones would be view...2018-08-0619 min
Tech Policy Podcast#232: Nationalizing 5GAccording to leaked documents in January, a senior official from the National Security Council in the White House had suggested to build a national 5G network and have it under state control for national security reasons. Reaction from Trump appointed Chairman of the Federal Communications Commission Ajit Pai was very strong, he stated that “any federal effort to construct a nationalized 5G network would be a costly and counterproductive distraction” from winning the global 5G race. There haven’t been any new developments on this issue until June. Brad Parscale, President Trump’s campaign manager tweeted out that US needs to...2018-07-1622 min
Tech Policy Podcast#229: LabMD Court Decision Ushers in a New Era for the FTCSince the Federal Trade Commission began bringing data security enforcement actions in 2002, no court had ruled on the substantive merits of the FTC’s approach. A panel of three Eleventh Circuit judges decisively rejected the FTC’s use of broad, vague consent decrees, in the LabMD v Federal Trade Commission ruling that the Commission may only bar specific practices, and cannot require a company “to overhaul and replace its data-security program to meet an indeterminable standard of reasonableness.” We are joined by TechFreedom’s President Berin Szóka and Legal Fellow Graham Owens. They explain why this case is so crucial...2018-06-0830 min
Tech Policy Podcast#228: FBI Lost Count... Of Locked PhonesThe FBI has been a vocal critic of the spread of encryption, often citing the nearly 8,000 devices connected to crimes that were inaccessible to law enforcement last year as evidence that increased device security represents a major threat to law enforcement. But a recent Washington Post article revealed that this number was seriously inflated due to “programming error,” with the real value estimated at around 1,200. Robyn Greene, the policy counsel and government affairs lead for the Open Technology Institute joins the show to discuss what this mistake means for the future of encryption policy. For more, see this letter led...2018-06-0420 min
Tech Policy Podcast#226: The Fairness Doctrine: The Next GenerationIn recent hearings, congressional Republicans have accused social media platforms like Facebook and YouTube of stifling conservative content. Some, such as Sen. Ted Cruz, have called for a “Fairness Doctrine” for the Internet. Cruz reasoned that “in order to be protected by Section 230, companies like Facebook should be ‘neutral public forums.’ But would this policy approach, which failed to encourage ideological diversity in broadcasting, work any better when applied to the Internet? How might this undermine important protections that have allowed free speech to flourish online? TechFreedom President Berin Szóka and General Counsel Jim Dunstan join the show to discuss...2018-05-2138 min
Tech Policy Podcast#225: WHOIS going to deal with cybersecurity: GDPR EditionWHOIS, the system used for querying databases of information on domain name registrations and IP addresses, has been a vital tool for journalists, security researchers and law enforcement in identifying and tracking spammers, phishers, identity thieves and other cybercriminals. However, when the EU’s General Data Protection Regulation takes effect on May 25, the service will heavily limited or possibly shut down completely in order to comply with privacy requirements. How will this impact cybersecurity? Does WHOIS raise legitimate privacy concerns? Shane Tews, President of Logan Circle Strategies, visiting fellow at the American Enterprise Institute, and Tim Chen, CEO of Dom...2018-05-1425 min
Tech Policy Podcast#223: Law Enforcement as a Political WeaponPresident Donald Trump has been vocal to criticize those he deems political opponents. However, these criticisms often extend to threats of legal action, particularly against the Jeff Bezos-owned Washington Post and Amazon. Trump has set aside decades of precedent and involved himself directly in a number of enforcement actions, often in ways that would benefit him or his political allies. How lawful is this kind of intervention? And how can the rest of the government resist inappropriate political meddling? Justin Florence, Legal Director for Protect Democracy, and TechFreedom President Berin Szóka join the show to discuss. For more, s...2018-04-1628 min
Tech Policy Podcast#218: How Should Congress Address Online Sex Trafficking?Tomorrow the House of Representatives will vote on the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). However, the bill to be voted on includes an amendment that merges it with the drastically different Senate counterpart bill. What the bill gets right, and what does it get wrong? How is Congress likely to resolve the conflicts between the two version? And most importantly, how will this legislation affect victims of sex trafficking? Eric Goldman, professor at Santa Clara University School of Law, and Berin Szóka, President of Techfreedom join Ashkhen to discuss.
2018-02-2633 min
Tech Policy Podcast#215: The Net Neutrality CRA: Yay or Nay?The effort to overturn FCC’s Restoring Internet Freedom Order already has 50 Senators signed onto the Congressional Review Act - a vehicle chosen by Senate Democrats in attempt to bring back Obara-era net neutrality regulations. To break down what a CRA is and the prospects of its passage we have invited the leading experts in the field: Gigi Sohn - a Distinguished Fellow at the Georgetown Law Institute for Technology Law & Policy, a Mozilla Fellow, Counselor to the Former FCC Chairman Wheeler and Berin Szóka, President of TechFreedom.
2018-02-0743 min
Tech Policy Podcast#207: Carving Out Privacy Rights: Carpenter v USThe Fourth Amendment protects American citizens from unwarranted searches and seizures, but how far does that protection extend? The Carpenter v. United States case in front the Supreme Court seeks to determine whether or not the use of cell site location information requires law enforcement officials to obtain a warrant. Ashkhen Kazaryan, TechFreedom Legal Fellow is joined by Curt Levey, President of the Committee for Justice and Ashley Baker, Director of Public Policy to discuss.
2017-11-3021 min
Tech Policy Podcast#202: Artificial IntelligenceArtificial intelligence is already transforming our lives in many ways, and it has the potential to do so much more. But it seems like news headlines only focus on potential job loss and the end of the world than increased productivity and social benefits. Is this because our mental imagery of AI is so influenced by dystopian sci-fi novels and movies like Terminator? Or have policymakers not done enough to communicate honestly about the disruptions we face with AI? What can listeners of this podcast reasonably expect to see in the coming years? Is there even a single definition...2017-10-3032 min
Tech Policy Podcast#200: BicentennialPop some champagne and untangle your headphones, as the Tech Policy Podcast is celebrating it's 200th episode. Woo! Evan sits down with Austin Carson, Executive Director of TechFreedom and an all-around normal guy. They celebrate this milestone, solving all of the world's problems in under 30 minutes and answering some of your burning questions. Are all New Yorkers this awful, or is it just Evan? Why can't Austin stop his hands hitting the table during recording? Is tech policy about to get really ugly, or can think tanks like TechFreedom help bind the wounds? If you've enjoyed this show, please...2017-10-1527 min
Tech Policy Podcast#194: Is the RAISE Act Sinking?When it comes to immigration policy, the headlines are naturally focused on DACA, Dreamers, and illegal immigration. But many in Congress are also looking to reduce legal immigration, namely Senators Tom Cotton (R-AR) and David Perdue (R-GA), who introduced the RAISE Act, aimed at cutting green cards issued in half over the next ten years. What kind of impact does legal immigration have on the tech sector, and how might the RAISE Act change that? What else could Congress do to address problems in our immigration system without stifling entrepreneurship and innovation? Evan is joined by Alex Nowrasteh, immigration...2017-09-0622 min
Tech Policy Podcast#192: Cyber DigestIt seems like every week there are more headlines about cyber attacks. Should you be worried about the next Petya or WannaCry? What can we do to protect ourselves from getting hacked? With an endless stream of alarming incidents — Sony, HBO, North Korea, and federal agencies — are we at risk of falling into a “cyber fatigue?” Evan is joined by Heather West, Senior Policy Manager for the Americas at Mozilla, and Austin Carson, Executive Director of TechFreedom. They discuss the latest in cyber news and what Internet users, and their governments, can do to sort through the mess. For more, se...2017-08-2531 min
Tech Policy Podcast#189: Fighting Online Sex TraffickingRecently, Senators Rob Portman (R-OH) and Claire McCaskill (D-MO) introduced the Stop Enabling Sex Traffickers Act (SESTA). The bill is gaining co-sponsors and support on both sides of the aisle, and virtually everyone agrees that sex trafficking is a very real problem that Congress needs to address. But the bill is also getting pushback from voices across the spectrum, including right- and left-leaning civil society groups and tech companies big and small.
Supporters of SESTA argue that long-standing intermediary liability protections for web platforms are enabling sex trafficking, citing the website Backpage.com, whose founders knowingly profited...2017-08-1128 min
Tech Policy Podcast#180: Mayday for Tech in the UKUK Prime Minister Theresa May is pushing ahead with a controversial tech agenda, despite a grave political miscalculation that cost her Conservative party its majority in Parliament. Will a flimsy minority government supported by a Northern Irish party be enough to push through measures on online pornography, hate speech, and electronic surveillance? How will the UK's European neighbors and the United States react? Evan discusses with TechFreedom legal fellow Ashkhen Kazaryan and UK native Robert Winterton.
2017-06-1522 min
Tech Policy Podcast#169: The Future of Tech PolicyIs tech policy stuck in the past? Does innovation move faster than government’s ability to keep up? Are we fighting over what to do with last year’s products, when we should be planning for what lies ahead? Evan is pleased to welcome to the show Austin Carson, Executive Director at TechFreedom. Previously, he worked in Congress on a variety of tech policy issues, including encryption, cybersecurity, and intellectual property. He discusses lessons learned from his time on the Hill, where the future of tech policy is headed, and how think tanks like TechFreedom can help foster bipartisan dial...2017-04-1423 min
Tech Policy Podcast#161: Spying on the WorldInnocent Americans don’t like getting spied on by their government. But should they care when their government spies on foreigners? Countries do this all the time for intelligence purposes, right? Congress even authorized our government to do this in Section 702 of the FISA Amendments Act.
But in the Digital Age, it’s increasingly common for large swaths of the American public to communicate with people outside the country. That leads to U.S. residents being caught in the foreign surveillance dragnet, and their communications collected without a warrant. Current laws allow the NSA and other agencies to s...2017-02-2824 min
Tech Policy Podcast#158: Who Owns Your Data?Property rights in the US are rooted in the physical world — your house and your car are yours. But does this concept transfer to the digital world? It’s not so simple. When you share data about yourself in exchange for free services, who owns the data? You? The company? Third-party advertisers? This question is a lightning rod in tech policy debates over privacy, data security, and government surveillance. There may not be an easy answer, but in the meantime, how can individuals get a piece of the action? Matt Hogan, CEO of DataCoup, joins the show to discuss his...2017-02-1424 min
Tech Policy Podcast#157: Counterpoint on Trump's FCCIf you're a regular listener of this podcast, you've probably heard many episodes where TechFreedom President Berin Szóka rants about telecom and the FCC. That's always fun, of course, but on today's show we're bringing you a different view. For those who supported much of the Obama-era FCC's policies, how are they reacting to President Trump? Phillip Berenbroick, Senior Policy Counsel at Public Knowledge, joins the show to discuss. TF and PK are often at odds on telecom policy, but is there room for common ground on legislation?
2017-02-0937 min
Tech Policy Podcast#155: Supreme Court of TechThis week, President Trump announced his pick to fill the late Justice Antonin Scalia’s seat on the Supreme Court. Justice Neil Gorsuch, who currently serves on the 10th Circuit Court of Appeals in Denver, has sparked a lot of controversy among progressives over social issues, but what about his views on tech? With a solid record on warrant requirements and 4th Amendment issues, should the Left find comfort in having “another Scalia” on the Court? Gorsuch has been critical of the growing power of the Executive and regulatory state. Does his nomination mean the end of “Chevron deference" for the...2017-02-0236 min
Tech Policy Podcast#151: 16 Going on 17We're back! After a not-so-brief holiday hiatus, we'll be back in your favorite podcast app with normal regularity -- meaning 2-3 episodes per week but sometimes different. Anyway... Evan and Berin recap some of TechFreedom's favorite issues of 2016, look ahead to 2017, and make baseless predictions on what might happen in tech policy. 150 episodes in one year ain't bad, right? But can you leave us a damn review on ITunes already?
2017-01-1940 min
Tech Policy Podcast#143: Trump's FCCWith all eyes on the Trump transition, what does the president-elect’s victory mean for the Federal Communications Commission? The Obama-era FCC has been very active on Internet regulation, passing controversial rules on net neutrality, broadband privacy, and more. Since these regulations were largely passed on 3-2 party-line votes under a Democrat FCC, most observers expect a GOP-controlled agency to reverse Chairman Wheeler’s agenda. What does this mean for consumers? Will net neutrality be repealed and replaced? Will the FCC’s authority be rolled back? Do we even need an FCC at all? Evan and Berin are joined by Tom...2016-11-3035 min
Tech Policy Podcast#134: California Regs on Self-Driving CarsRecently, the Obama administration released non-binding “guidelines” for self-driving cars, telling states not to create their own regulations just yet. California went ahead anyway, and the Golden State’s DMV drafted new regulations based on the National Highway Traffic Safety Administration’s (NHTSA) guidelines. Did California jump the gun? What changes could the DMV make to improve the draft proposal? It’s open for public comment, and several organizations have weighed in. Here to discuss their joint comments, co-authored with R Street and ICLE, are Marc Scribner, research fellow at CEI, and Berin Szoka, President of TechFreedom.
2016-10-2629 min
Tech Policy Podcast#133: Russian Hacking and Surveillance
Edward Snowden has been living in Russia for over three years under political asylum after leaking classified documents about American surveillance practices. Ironically, Russia’s policies on surveillance are hardly libertarian. Snowden recently spoke out against so-called “Big Brother” legislation introduced in the Duma, Russia’s legislature. On cybersecurity, Russian hacking has dominated the American news cycle, especially around electoral politics. Evan is joined by Russian native and TechFreedom Legal Fellow Ashkhen Kazaryan. They discuss hacking, surveillance, and the tenuous relationship between Cold War foes. For more, see Ashkhen’s op-ed.
2016-10-2129 min
Tech Policy Podcast#123: Flytenow and Plane-sharingYou’re probably familiar with Uber and ride-sharing. But do you ever wonder why there isn’t something similar for air travel? A plane-sharing app? There was one, actually, but the Federal Aviation Administration shut it down. In December of 2015, the FAA banned flight-sharing, a ruling that forced the startup Flytenow to shut down its platform. Flytenow allowed private pilots to share the cost of flying with passengers going to the same destination by connecting them online. The company has sued the FAA to overturn the ruling, and TechFreedom and the Cato institute filed a brief in support of Flyt...2016-09-0926 min
Tech Policy Podcast#110: TechFreedom Appeals FCC Power GrabWhat’s next in the litigation over Title II and the FCC’s “net neutrality” rules? In June, the FCC scored a victory when the D.C. Circuit Court of Appeals upheld its Open Internet Order, which reclassified broadband as a common carrier service. While the agency won the first round, TechFreedom and tech entrepreneurs are hoping to overturn the ruling through appeal. Last Friday, they filed a motion for the D.C. Circuit to re-hear the case. If that fails, is it the end of the line? Or, will the Supreme Court have the final say? Evan and Berin di...2016-08-0429 min
Tech Policy Podcast#106: GOP Tech Platform: The Good, Bad, the VagueWhile Trump hasn’t said much specifically about tech policy, the GOP platform does, believe it or not, have a tech section. There’s plenty to like, plenty to dislike, and plenty to scratch your head at. Is Obama really throwing the Internet to the wolves? Has the GOP changed its mind about net neutrality? Can encryption be both good and bad at the same time? Without further ado, here’s TechFreedom’s guide to the 2016 GOP Tech Platform. For more, see here.
2016-07-2239 min
Tech Policy Podcast#71: How Stuff Works: Bitcoin 101Over the last few years, bitcoin and other virtual currencies have become increasingly viable alternatives to traditional money. Yet for most people, bitcoin is still a pretty obscure subject. What exactly is bitcoin? How does the blockchain work? Who’s in charge? Where does it derive its value? What does it mean to mine bitcoin? Evan is joined by Michael Bombace, TechFreedom adjunct fellow, who sheds some light on the world of cryptocurrency in today’s episode.
2016-04-3029 min
Tech Policy Podcast#54: Presidential Campaigns & Big DataHow much do the presidential campaigns know about you? Most Americans are probably aware that tech companies and intelligence agencies collect their personal information — albeit for very different reasons. But perhaps less known are the data collection practices of the 2016 campaigns. Evan is joined by TechFreedom intern Ashley Holmes, a graduate student at George Washington University studying global communication. They discuss Big Data in the elections, what the campaigns want with it, and what it means for tech policy.
2016-04-0519 min
Tech Policy Podcast#53: Don't F@*# With My Call of DutyIs the FCC f***ing with your Call of Duty? Could strict net neutrality regulation make online video gaming worse? The FCC's Title II reclassification of broadband included a blanket ban on paid prioritization of Internet traffic, even if done at the request of the user. Net neutrality activists called that a win for consumers, but prioritization could improve lag-sensitive services like online gaming, live-streamed sports, and video chatting. Evan is joined by Tom Struble, TechFreedom’s Policy Counsel. They discuss the FCC’s impact on video games and the treatment of Internet traffic. Are all bits created equal?
2016-04-0225 min
Tech Policy Podcast#36: MOBILE NOW & The Future of WirelessDemand for mobile data is exploding, begging the question: is there enough available wireless spectrum to meet this demand? As wireless carriers prepare for 5G, the future of wireless, lawmakers are grappling with how to make mobile broadband deployment easier. Today, the Senate Commerce Committee approved the MOBILE NOW Act. Evan and Berin are joined by Tom Struble, TechFreedom’s policy counsel. Will the legislation free up enough spectrum to make 5G workable? What other ways can government remove barriers to broadband deployment?
2016-03-0424 min
Tech Policy Podcast#25: Drones & HumanitarianismMedia coverage of drones often focuses on near-misses with airplanes or bombings in the Middle East. But there’s another side to drones that doesn’t get enough attention: humanitarianism. While the Federal Aviation Administration (FAA) fumbles around with how to regulate drones in the US, the international community is embracing drones for the purposes of disaster response and humanitarian assistance. Evan is joined by Ashley Holmes, a graduate student a George Washington University and intern at TechFreedom. They discuss drones as a force for good, the role of regulation, and what the US can learn from the Philippines and...2016-02-1817 min
Tech Policy Podcast#2: State of the UnionWhat SHOULD President Obama say tonight in his final State of the Union address? And what is he likely to say instead? Berin Szoka offers TechFreedom’s take.
He and Evan discuss encryption, the rise of tech policy in the presidential campaign, the good and bad news on surveillance reform, a coming clash with Europe over data flows, the first amendment, fourth amendment, and mass surveillance, making broadband deployment easier, the perils of regulating the Internet, and big data.
Along the way, Berin casually compares Donald Trump to Vladimir Putin.
2016-01-1226 min
Tech Policy Podcast#1: IntroductionWho is TechFreedom? What do they do? Why should anyone care? In Tech Policy Podcast’s inaugural episode, host Evan Swarztrauber interviews President of TechFreedom, Berin Szoka. They discuss TechFreedom’s accomplishments, its history, and why TechFreedom is launching the only podcast focused on tech policy.
2016-01-1215 min