Tech Policy Podcast

Both the Democrats and the Republicans are introducing antitrust legislation targeted at tech companies. Elizabeth Nolan Brown, senior editor at Reason , joins the show to discuss some of the recent bills, as well as how each party is trying to use antitrust law to further political ends unrelated to antitrust. For more, see Elizabeth’s cover story for this month’s Reason magazine: “ The Bipartisa...

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...

Border agents have broad authority to search the smartphone or laptop of anyone entering the country. That might be about to change, however, if the Supreme Court takes up one of several cases challenging such searches. Professor Orin Kerr, of the University of California, Berkeley, School of Law, joins the show to discuss the interplay between the Fourth Amendment and the border, the Court’s evol...

Named in honor of her wonderful essay in The Atlantic , “ The Supply of Disinformation Will Soon Be Infinite ,” this episode is a wide-ranging discussion with Renée DiResta, the technical research manager of Stanford Internet Observatory. Corbin and Berin pick Renée’s brain about the latest trends in misinformation, social media’s role in the “Stop the Steal” movement, the rise of online influence...

Thanks in part to outreach by its mayor, Francis Suarez, Miami is becoming a tech hotspot. Matt Haggman, an executive at the Miami-Dade Beacon Council, joins the show to discuss what’s drawing tech entrepreneurs to Miami, as well as what social, political, and environmental challenges could stand in the way of Miami becoming a new Silicon Valley.

Last week, Facebook’s new Oversight Board issued a much-discussed ruling on the platform’s suspension of Donald Trump. Two of the Board’s members, Ronaldo Lemos and John Samples, join Corbin and Berin for a wide-ranging discussion on the Trump decision, the Board, and content moderation.

“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 tryi...

Few public policies are more misunderstood than the Fairness Doctrine that briefly governed American broadcast media. If you think we need a “new Fairness Doctrine” for the Internet, chances are you’re not clear on what the old version was. Paul Matzko, editor for technology and innovation at Libertarianism.org, joins the show to discuss the history of the Fairness Doctrine, why it failed, and why...

Data privacy is a complex and dynamic policy field. Lydia de la Torre, an inaugural board member of the new California Privacy Protection Agency, and Alan Friel, a partner at Squire Patton Boggs, join the show to help make some sense of it. They discuss the history of privacy policy, the growing influence of European privacy principles, and the new privacy laws we are seeing, or can expect, at the...

Florida 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 episod...

What can social-media platforms do to address growing concerns about extremism on their sites? Research suggests that YouTube, for one, has made great strides in driving viewers of radical messages toward more mainstream content. As new forms of misinformation arise, YouTube has succeeded in quickly adjusting its algorithmic recommendations. Dr. Anna Zaitsev is a postdoctoral scholar at the UC Ber...

Data plays an increasingly important role in our criminal justice system, yet there are serious inequalities in prosecutors’ and defendants’ rights of access to it. Rebecca Wexler, assistant professor of law at the University of California, Berkeley, School of Law and faculty co-director of the Berkeley Center for Law & Technology, joins the show to discuss the growing role that data plays in crim...

The events of the last few years have shown the clear impact that movements beginning online can have in the real world. Social media platforms, as well as the legacy media and the government, have struggled to adapt to this development. Martin Gurri, former CIA analyst, Mercatus Center visiting research fellow, and author of The Revolt of the Public and the Crisis of Authority in the New Millenni...

China’s approach to surveillance, particularly its dystopian-sounding Social Credit System, has raised serious human rights concerns, particularly in its treatment of minority groups. Sheena Chestnut Greitens , associate professor at the University of Texas’s Lyndon B. Johnson School of Public Affairs and non-resident senior fellow at the Brookings Institution, joins the show to discuss China’s su...

What can the tech industry expect from the incoming Biden administration? Emily Birnbaum , tech policy reporter at Protocol , joins the show to discuss President-elect Biden and his team’s likely approach to antitrust, Section 230, the gig economy, and artificial intelligence.

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 acquisitio...

The 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 Dar...

Social media content moderation has been a hot topic for policymakers throughout the election, with a particular focus on the liability protections offered by Section 230 of the Communications Decency Act. Billy Easley, senior policy analyst at Americans for Prosperity, joins the show to discuss how proposals to limit the scope of Section 230 would harm free speech online, particularly for margina...

The data that we generate in our everyday lives can be immensely useful, but it’s vital that any use of that data carefully protects privacy. Sunny Seon Kang , senior privacy counsel and head of policy at Inpher, joins the show to discuss how data can benefit commerce, healthcare, finance, and more, while still maintaining user privacy.

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 subj...

While 5G technology is being rolled out across the country, some have been dissatisfied with the speed at which the revolutionary next step in wireless Internet has been deployed and have suggested that the federal government step in directly. Nathan Leamer, vice president at Targeted Victory and former policy advisor to FCC Chairman Ajit Pai, explains the flaws in nationalization and highlights t...

Between heavy government regulations, a competitive marketplace, and an uncertain economy, the early stages of an innovative start-up are full of risks that could stifle beneficial new technology. Nina Archie , founder of Innovator Connector, joins the show to discuss threats to innovation, the possibilities of public-private partnerships, and the role innovation will play in shaping the labor mar...

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.

Legislators 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...

With 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 p...