RTP's Fourth Branch Podcast

This Deep Dive episode brings you the opening address from the Pepperdine Law Review’s 2019 Symposium “Regulating Tech: Present Challenges and Possible Solutions”. The address was delivered by Donald J. Rosenberg, Executive Vice President, General Counsel, and Corporate Secretary at Qualcomm, who spoke on patent law and the dangers of regulatory capture in the emerging tech sector.Featuring:- Donald J. Rosenberg, Executive Vice President, General Counsel, and Corporate Secretary, QualcommVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.

This teleforum will consider the U.S. Securities and Exchange Commission’s accredited investor standard. This standard is used as a screen to determine the group of investors eligible to invest in offerings that are exempt from most SEC rules on public offerings and which are the primary fundraising tools of hedge funds and private equity funds. The SEC currently uses a wealth and income-based standard, which raises questions about whether limiting investment opportunities to only high-income individuals is sound government policy. Some critics of this standard have urged the SEC to expand the standard to include individuals with financial experience, but who do not otherwise meet the wealth threshold. Other critics have suggested more aggressive reforms. Supporters of the accredited investor standard, however, have advanced proposals to further restrict the group of eligible investors by increasing the income and net worth requirements. The SEC has promised to revisit the accredited investor standard soon, and this teleforum will consider and debate potential reforms to the rule. Featuring: Urska Velikonja, Professor of Law, Georgetown University Law Center, Georgetown University J.W. Verret, Associate Professor of Law, Antonin Scalia Law School, George Mason University Visit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.

Innovations in financial technology have enabled financial services to be provided in new ways and by new competitors, but under old rules. One area of tension is the role of federalism in a world where, thanks to the internet, firms can provide services nationwide at their inception. The balance of authority between the states, who traditionally had primary authority over non-bank lenders and money transmitters and the federal government has been called into question, with some advocating for greater federalization in the interest of efficiency and equity, and others resisting citing concerns about state sovereignty and consumer protection. Federal regulators have also taken note, with the Treasury calling for reforms to streamline fintech regulation and OCC announcing it would offer some non-depository fintech firms the opportunity to get a federal bank charter, which led the states to sue. Come hear a discussion on the state of fintech and federalism and the proper path for the future.Featuring:- Brian Knight, Director of Innovation and Governance and Senior Research Fellow, Mercatus Center, George Mason University- Margaret Liu, Senior Vice President and Deputy General Counsel, Conference of State Bank SupervisorsVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.

January 7, 2019 starts a new leadership era for the Federal Housing Finance Agency, as the new Acting Director from the Trump Administration, Joseph Otting, takes office, with the nomination of Mark Calabria as Director in process. FHFA is the regulator of Fannie Mae, Freddie Mac, and the Federal Home Loan Banks, the combined housing finance assets of which are over $6 trillion, all involving an effective guarantee from the U.S. Treasury. What are the key issues and projects for the FHFA going forward? What can and what should it do to lead reform of Fannie and Freddie — and reform of American housing finance in general? What requires Congress and what might the FHFA, or the FHFA and Treasury, do on their own? Should the Senior Preferred Stock Agreements for Fannie and Freddie be revised? What about the role of the FHLBs? In spite of all the reform ideas, might the housing finance status quo persist?Ed DeMarco, who was Acting Director of the FHFA 2009-2014 and now heads the Housing Policy Council, will be interviewed by R Street Institute distinguished senior fellow Alex Pollock.Featuring:- Ed DeMarco, President, Housing Policy Council- [Moderator] Alex J. Pollock, Distinguished Senior Fellow, R Street InstituteVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.

On June 28, 2018, the California legislature enacted the California Consumer Privacy Act of 2018 (“CCPA”). This legislation follows more than two decades of debate about potential federal privacy regulation, a tumultuous year of high-profile privacy incidents, and the implementation of the GDPR in Europe. It also is the most comprehensive privacy regulation that has been adopted in the United States. The CCPA was enacted in a record-breaking 7 days, has staggering breadth, and will have national and international repercussions. On this live podcast, we will discuss the substance of the CCPA (including recent amendments) and the process that led to its enactment, along with how it is likely to affect future privacy regulation in the United States, with Eric Goldman and Lindsey Tonsager, two experts in privacy law who have followed the CCPA closely.Featuring:- Prof. Eric Goldman, Professor of Law and Co-Director of the High Tech Law Institute, Santa Clara University School of Law- Lindsey L. Tonsager, Partner, Covington & Burling- [Moderator] Justin (Gus) Hurwitz, Assistant Professor of Law and Co-Director of Space, Cyber, and Telecom Law Program, University of Nebraska College of LawVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.

Despite the Federal Communication Commission’s decision in December 2017 to eliminate the common carrier regulations for Internet services — the so-called net neutrality rules the FCC created in 2015 — the net neutrality debate rages on. The Trump FCC preempted states’ authority to regulate the Internet, yet governors in six states have attempted to enforce net neutrality principles via executive order and three states have passed “baby net neutrality bills.” Several more state bills are pending. Can state agencies regulate Internet services? What are the legal and practical impediments? What are the consequences of businesses operating under inconsistent regulations amongst the states and at the federal level? Gus Hurwitz, Brent Skorup, and Geoffrey Manne will discuss this new front in regulation, federalism, and grassroots activism.Featuring:- Justin (Gus) Hurwitz, Assistant Professor of Law and Co-Director of Space, Cyber, and Telecom Law Program, University of Nebraska College of Law- Brent Skorup, Senior Research Fellow, Technology Policy Program, Mercatus Center at George Mason University- [Moderator] Geoffrey A. Manne, Executive Director, International Center for Law & EconomicsVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.

EPA Administrator Scott Pruitt and Secretary of Transportation Elaine Chao are proposing to roll back the Obama Administration’s fuel economy and greenhouse gas standards for model years 2022 to 2025. The proposed rollback will have vast political and economic consequences for automakers, auto dealers, and drivers. Is the rollback legally justified and appropriate? Is it good for consumers? Will the proposed rollback prompt California to enforce its own more stringent standards? If so, what are the legal and policy ramifications of overlapping federal and state standards? This live podcast will discuss these and other questions related to the Trump Administration’s proposed rollback of the fuel economy and greenhouse gas standards.Featuring:- Sean H. Donahue, Partner, Donahue, Goldberg & Weaver, LLP- Jacqueline Glassman, Partner, King & Spalding, LLP- [Moderator] James Conde, Associate, Boyden Gray & Associates, PLLCVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.

Facebook is not getting many "likes" these days following revelations that Cambridge Analytica accessed personal information about Facebook users without obtaining clear consent. The reaction from politicians, regulators, and the marketplace has been swift and significant. In this live podcast, experts from the Regulatory Transparency Project’s Cyber and Privacy working group will discuss what happened, the economic, legal, and political consequences, and what this could mean for companies that have built business models around the use of user data.Featuring:- Thomas Hazlett, H.H. Macaulay Endowed Professor of Economics, Clemson University- Jamil Jaffer, Adjunct Professor, NSI Founder, and Director, National Security Law & Policy Program, Antonin Scalia Law School- Megan Stifel, Nonresident Senior Fellow, Cyber Statecraft Initiative, Atlantic Council- [Moderator] Matthew Heiman, Visiting Fellow, National Security Institute, Antonin Scalia Law SchoolVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.

Adam Jackson became a highly trained U.S. soldier who provided cutting-edge security to military bases and embassies. Now as a civilian, he seeks to provide similar protection for American communities through software he has developed that can identify potentially dangerous individuals and prompt a security response before violence occurs. Schools, places of worship, concert venues — all have jumped at the opportunity to use Adam’s service. However, Adam has been barred from utilizing the technology altogether. The Tennessee Alarm Systems Contractors Board considers the software to be an alarm system which requires Adam to undergo a 5-year apprenticeship in alarm system installation before he can obtain a certification to deploy his software. Adam, with the help of the Beacon Center of Tennessee, is challenging the Board’s determination. In the meantime, he has shut down his business while he awaits an administrative resolution to his case.Featuring:- Braden Boucek, Director of Litigation, Beacon Center of Tennessee- Adam Jackson, Founder, Edge AIVisit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.

We live in a system where regulators make rules, investigate alleged violations of the rules, and then adjudicate those violations before an Administrative Law Judge who is a member of the agency. When agency decisions are appealed to the traditional court system, judges are obligated to “defer” to the agency on both its legal and factual conclusions. Many opponents of this scheme have criticized the system for “placing a thumb on the scales of justice” by encouraging judicial bias. Many of the same critics assert that the current system of administrative law offends the rule of law, due process, and separation of powers. In April 2018, Arizona passed first-of-its-kind legislation, developed by the Goldwater Institute, that eliminates this legal deference in state courts. This teleforum call will explore this new law, discuss how it might change state agency rulemaking and enforcement, and also examine how the law might address concerns regarding judicial bias and other issues. Importantly, this program will also consider whether this legislation can serve as a model for the rest of the country, and the federal government. Featuring: Philip Hamburger, Maurice and Hilda Friedman Professor of Law, Columbia Law School Jonathan Riches, Director of National Litigation, Goldwater Institute Visit our website – RegProject.org – to learn more, view all of our content, and connect with us on social media.