The Dynamist

Luke Hogg, Director of Policy and Outreach at the Foundation for American Innovation, and Josh Levine, Tech Policy Manager at the same organization, dive into the significant twists in tech policy throughout 2024. They discuss the ramifications of antitrust lawsuits against Big Tech and emerging data privacy laws aimed at protecting kids online. The duo contrasts U.S. regulations with Europe’s aggressive tech frameworks, exploring the future of AI regulation and potential shifts post-election. Tune in for their insights on what lies ahead in 2025!

There is growing concern among parents and policymakers over the Internet’s harms to children—from online pornography to social media. Despite that, Congress hasn’t passed any legislation on children’s online safety in decades. And while psychologists continue to debate whether and to what extent certain Internet content harms children, several states have stepped into the fray, passing legislation aimed at protecting kids in the digital age. One such state is Texas where Governor Greg Abbott signed HB 1181 in June of 2023.The bill requires adult or online pornography websites to verify the age of users to prevent users under the age of 18 from accessing those sites. A group representing online porn sites sued, and the bill was enjoined by a district court, then partially upheld by the Fifth Circuit, and will now be heard by the Supreme Court in Free Speech Coalition v. Paxton, with oral arguments scheduled for January 15.The ruling in this case could have major implications for efforts to regulate the online world both at the state and federal level—not just for porn but other online content social media. On today’s show, Evan moderates a debate on the following resolution: Texas's Age Verification (AV) Law is Constitutional and AV laws are an effective means of protecting children from online harms.Arguing for the resolution is Adam Candeub, senior fellow at Center for Renewing America, professor of law at michigan state university, and formerly acting assistant secretary of commerce for telecommunications and information under President Trump. Arguing against the resolution is Robert Corn-Revere, chief counsel at the Foundation for Individual Rights and Expression (FIRE). Before that he was a partner at Davis Wright Tremaine law firm for 20 years and served in government as chief counsel to former Federal Communications Commission Chairman James Quello. You can read FIRE’s brief in the case here.

Is Medicare a valley of death for medical innovation? While the U.S. is seen as a global leader in medical device innovation, the $800+ billion program that covers healthcare costs for senior citizens has been slow to reimburse certain medical devices, even when those devices are approved by the Food and Drug Administration. On average, it takes Medicare 4.5 years to cover a new FDA-approved medical device. This length of time has been dubbed the “Valley of Death,” referring to the human cost of delay. While members of Congress and advocates in the med tech industry are pushing Medicare to streamline its process, CMS, the Center for Medicare and Medicaid services, has sounded a note of caution, warning that moving too quickly fails to account for the unique needs and considerations of the Medicare population, Americans over 65 years old. Is this simply bureaucratic foot dragging, or are there legitimate safety and health risks with Medicare giving its blessing to new technologies and treatments? Is there a policy balance to be struck, where government health officials give seniors the unique consideration they need without denying them access to potentially life-saving treatments and devices?Evan is joined by Katie Meyer, Vice President of Public Affairs at Novacure, a global oncology company working to extend survival in some of the most aggressive forms of cancer. Prior to that, she served in Congress in various roles, including as Deputy Health Policy Director at the Senate Finance Committee.

In this riveting discussion, Andrew Ferguson, a Republican commissioner at the Federal Trade Commission and former solicitor general of Virginia, delves into the FTC's evolving role in regulating big tech. He explores the balance between aggressive antitrust enforcement and the need for business-friendly policies. Ferguson also sheds light on the complexities of censorship, the impact of AI on social media, and the emerging challenges of corporate power versus government oversight. A must-listen for anyone curious about the future of tech regulation!

President-elect Trump recently announced that entrepreneurs Elon Musk and Vivek Ramaswamy will lead the Department of Government Efficiency. Musk had forecast the idea in the tail end of the presidential election, championing a commission focused on cutting government spending and regulation. In a statement posted to Truth Social, the president-elect said DOGE would “pave the way for my administration to dismantle government bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure federal agencies.” For his part, Musk said “this will send shockwaves through the system, and anyone involved in government waste, which is a lot people.”Government waste has long been a focus for Republicans in Washington. The phrase “waste, fraud, and abuse” often generates a chuckle in DC circles, given how much the federal bureaucracy, government spending, and the national debt have grown despite decades of professed fiscal hawkishness. While critics of Trump and Musk are rolling their eyes at what they perceive as a toothless commission, proponents welcome the focus on government efficiency from the president-elect and the world’s richest man, and are optimistic that Musk and Ramaswamy’s expertise in the business world would bring much-needed outside perspectives on how to optimize the federal government.The Foundation for American Innovation has operated a project on government efficiency and tech modernization since 2019. FAI fellows just published a new paper on the topic of “An Efficiency Agenda for the Executive Branch.” To discuss DOGE, the challenges of streamlining bureaucracy, how AI might play a role in the efforts, and what Congress can do to help make DOGE a success, Evan is joined by Sam Hammond, Senior Economist at FAI and Dan Lips, Head of Policy at FAI. For a quick take on FAI's recommendations, check out Dan's oped in The Hill  linked here.

Donald Trump won the 2024 presidential election, Republicans won control of the Senate, and the GOP is slated to maintain control of the House. If you turn on cable news, you will see many pundits playing monday morning quarterback in the wake of this Republican trifecta, arguing about the merits of how people voted, speculating on cabinet secretaries, and pointing fingers on who to blame, or who to give credit to, for the results. But this is The Dynamist, not CNN. In today’s show, we focus on what the results mean for tech policy and tech politics. There are ongoing antitrust cases against Meta, Google, Apple, and Amazon. Investigations into Microsoft, Open AI, and Nvidia. How might the new president impact those cases? Congress is considering legislation to protect children from the harms of social media. Will we see action in the lame duck session or will the issue get kicked to January when the new Congress settles in? What about AI? Trump has vowed to repeal Biden’s Executive Order on artificial intelligence. What, if anything, might replace it? And for those in Silicon Valley who supported Trump, from Elon Musk to Peter Thiel, how might they wield influence in the new administration?Evan is joined by Nathan Leamer, CEO of Fixed Gear Strategies and Executive Director of Digital First Project, and Ellen Satterwhite, Senior Director at Invariant, a government relations and strategic communications firm in DC. Both Nathan and Ellen previously served in government at the Federal Communications Commission—Nathan under President Trump and Ellen under President Obama.

When people hear 'quantum physics,' they often think of sci-fi movies using terms like 'quantum realm' to explain away the impossible. But today we're talking about quantum computing, which has moved beyond science fiction into reality. Companies like IBM and Google are racing to build machines that could transform medicine, energy storage, and our understanding of the universe.But there's a catch: these same computers could potentially break most of the security protecting our digital lives, from WhatsApp messages to bank transfers to military secrets. To address this threat, the National Institute of Standards and Technology recently released quantum-safe cryptography standards, while new government mandates are pushing federal agencies to upgrade their security before quantum systems become cryptographically relevant—in other words, vulnerable to hacks by quantum computers.To help us understand both the promise and peril of quantum computing, we're joined by Travis Scholten, Technical Lead in the Public Sector at IBM and former quantum computing researcher at the company. He’s also a former policy hacker at FAI, author of the Quantum Stack newsletter and co-author of a white paper on the benefits and risks of quantum computers. 

When voters head to the polls next week, tech policy won't be top of mind—polling shows immigration, the economy, abortion, and democracy are the primary concerns. Yet Silicon Valley's billionaire class is playing an outsized role in this election, throwing millions at candidates and super PACs while offering competing visions for America's technological future.The tech industry is in a much different place in 2024 than in past elections. Big Tech firms, who once enjoyed minimal government oversight, now face a gauntlet of regulatory challenges—from data privacy laws to antitrust lawsuits. While some tech leaders are hedging their bets between candidates, others are going all in for Harris or Trump—candidates who offer different, if not fully developed, approaches to regulation and innovation.Trump's vision emphasizes a return to American technological greatness with minimal government interference, attracting support from figures like Elon Musk and Marc Andreessen despite Silicon Valley's traditionally Democratic lean. Harris presents a more managed approach, a generally pro-innovation stance tempered by a desire for government to help shape AI and other tech outcomes. Democratic donors like Mark Cuban and Reid Hoffman are backing Harris while hoping she'll soften Biden's tough antitrust stance. Meanwhile, crypto billionaires are flexing their political muscle, working to unseat skeptics in Congress after years of scrutiny under Biden's financial regulators.What are these competing visions for technology, and how would each candidate approach tech policy if elected? Will 2024 reshape the relationship between Silicon Valley and Washington? Evan is joined by Derek Robertson, a veteran tech policy writer who authors the Digital Future Daily newsletter for Politico.*Correction: The audio clip of Trump was incorrectly attributed to his appearance on the Joe Rogan Experience. The audio is from Trump’s appearance on the Hugh Hewitt Show

Over the past few years, Elon Musk’s political evolution has been arguably as rapid and disruptive as one of his tech ventures. He has transformed from a political moderate to a vocal proponent of Donald Trump and the MAGA movement and his outspokenness on issues like illegal immigration make him an outlier among tech entrepreneurs and CEOs.Musk's increasing political involvement has added a layer of scrutiny to his businesses, particularly as SpaceX aims to secure more contracts and regulatory permissions. Labor tensions also loom, with Tesla facing unionization efforts and accusations of unfair labor practices, adding a wrinkle into an election where both presidential candidates are vying for the labor vote in the midst of several high-profile strikes this year.Through all this, Musk’s companies—SpaceX, Tesla, and X—are pressing forward, but the stakes have arguably never been higher with regulatory bodies and the court of public opinion keeping a close watch. Many conservatives have embraced Musk as a Randian hero of sorts, a champion of free speech and innovation. Others sound a note of caution, warning that his emphasis on “efficiency” could undermine certain conservative values, and question whether his record on labor and China are worth celebrating. So, should conservatives embrace, or resist, Musk-ification? Evan is joined by Chris Griswold, Policy Director at American Compass, a New Right think tank based in DC. Check out his recent piece, “Conservatives Must Resist Musk-ification.” Previously, he served as an advisor to U.S. Senator Marco Rubio, where he focused on innovation, small business, and entrepreneurship.

Have tech companies become more powerful than governments? As the size and reach of firms like Google and Apple have increased, there is growing concern that these multi-trillion dollar companies are too powerful and have started replacing important government functions.The products and services of these tech giants are ubiquitous and pillars of modern life. Governments and businesses increasingly rely on cloud services like Microsoft Azure and Amazon Web Services to function. Elon Musk's Starlink has provided internet access in the flood zones of North Carolina and the battlefields of Ukraine. Firms like Palantir are integrating cutting-edge AI into national defense systems.In response to these rapid changes, and resulting concerns, regulators in Europe and the U.S. have proposed various measures—from antitrust actions to new legislation like the EU's AI Act. Critics warn  that overzealous regulation could stifle the very innovation that has driven economic growth and technological advancement, potentially ceding Western tech leadership to China. Others, like our guest, argue that these actions to rein in tech don’t go nearly far enough, and that governments must do more to take back the power she says that tech companies have taken from nation states.Evan and Luke are joined by Marietje Schaake, a former MEP and current fellow at Stanford’s Cyber Policy Center. She is the author of The Tech Coup: How to Save Democracy from Silicon Valley. You can read her op-ed in Foreign Affairs summarizing the book.