The Dynamist

As revelations about Meta's use of pirated books for AI training send shockwaves through the tech industry, the battle over copyright and AI reaches a critical juncture. In this final episode of The Dynamist's series on AI and copyright, Evan is joined by FAI's Senior Fellow Tim Hwang and  Tech Policy Manager Joshua Levine to discuss how these legal battles could determine whether world-leading AI development happens in Silicon Valley or Shenzhen.The conversation examines the implications of Meta's recently exposed use of Library Genesis - a shadow library of pirated books - to train its LLaMA models, highlighting the desperate measures even tech giants will take to source training data. This scandal crystallizes a core tension: U.S. companies face mounting copyright challenges while Chinese competitors can freely use these same materials without fear of legal repercussions. The discussion delves into potential policy solutions, from expanding fair use doctrine to creating new statutory licensing frameworks, that could help American AI development remain competitive while respecting creator rights.Drawing on historical parallels from past technological disruptions like Napster and Google Books, the guests explore how market-based solutions and policy innovation could help resolve these conflicts. As courts weigh major decisions in cases involving OpenAI, Anthropic, and others in 2024, the episode frames copyright not just as a domestic policy issue, but as a key factor in national technological competitiveness. What's at stake isn't just compensation for creators, but whether IP disputes could cede AI leadership to nations with fewer or no constraints on training data.

In the third installment of The Dynamist's series exploring AI and copyright, FAI Senior Fellow Tim Hwang leads a forward-looking discussion about how market dynamics, technological solutions, and geopolitics could reshape today's contentious battles over AI training data. Joined by Jason Zhao, co-founder of Story AI, and Jamil Jaffer, Executive Director of the National Security Institute at George Mason University, the conversation moves beyond current lawsuits to examine practical paths forward.The discussion challenges assumptions about who really stands to gain or lose in the AI copyright debate. Rather than a simple creator-versus-tech narrative, Zhao highlights how some creators and talents have embraced AI while others have shown resistance and skepticism. Through Story's blockchain-based marketplace, he envisions a world where creators can directly monetize their IP for AI training without going through traditional gatekeepers. Jaffer brings a crucial national security perspective, emphasizing how over-regulation of AI training data could threaten American technological leadership - particularly as the EU prepares to implement strict new AI rules that could effectively set global standards.Looking ahead to 2025, both guests express optimism about market-based and technological solutions winning out over heavy-handed regulation. They draw parallels to how innovations like Spotify and YouTube's Content ID ultimately resolved earlier digital disruptions. However, they warn that the US must carefully balance innovation and IP protection to maintain its AI edge, especially as competitors like China take a more permissive approach to training data. The episode frames copyright not just as a domestic policy issue, but as a key factor in national competitiveness and security in the AI era.

From the SAG-AFTRA picket lines to the New York Times lawsuit against OpenAI, the battle over AI's role in creative industries is heating up. In this second episode of The Dynamist's series on AI and copyright, we dive into the messy reality of how artists, creators, and tech companies are navigating this rapidly evolving landscape.Our guests bring unique perspectives to this complex debate: Mike Masnick, CEO of Techdirt, who's been chronicling the intersection of tech and copyright for decades; Alex Winter, the filmmaker and actor known for Bill & Ted's Excellent Adventure, who offers boots-on-the-ground insight from his involvement in recent Hollywood labor negotiations; and Tim Hwang, Senior Fellow at FAI, who explores how current legal battles could shape AI's future.The conversation covers everything from "shakedown" licensing deals between AI companies and media outlets to existential questions about artistic value in an AI age. While the guests acknowledge valid concerns about worker protection and fair compensation, they challenge the notion that restricting AI development through copyright law is either practical or beneficial. Drawing parallels to past technological disruptions like Napster, they explore how industries might adapt rather than resist change while still protecting creators' interests.

Copyright law and artificial intelligence are on a collision course, with major implications for the future of AI development, research, and innovation. In this first episode of The Dynamist's four-part series exploring AI and copyright, we're joined by Professor Pamela Samuelson of Berkeley Law, a pioneering scholar in intellectual property law and a leading voice on copyright in the digital age. FAI Senior Fellow Tim Hwang guest hosts. The conversation covers the wave of recent lawsuits against AI companies, including The New York Times suit against OpenAI and litigation facing Anthropic, NVIDIA, Microsoft, and others. These cases center on two key issues: the legality of using copyrighted materials as training data and the potential for AI models to reproduce copyrighted content. Professor Samuelson breaks down the complex legal landscape, explaining how different types of media (books, music, software) might fare differently under copyright law due to industry structure and existing precedent.Drawing on historical parallels from photocopying to the Betamax case, Professor Samuelson provides crucial context for understanding today's AI copyright battles. She discusses how courts have historically balanced innovation with copyright protection, and what that might mean for AI's future. With several major decisions expected in the coming months, including potential summary judgments, these cases could reshape the AI landscape - particularly for startups and research institutions that lack the resources of major tech companies.

As we approach the three-year mark of the war in Ukraine, and conflict continues to rage in the Middle East, technology has played a key role in these arenas—from cyber attacks and drones to propaganda efforts over social media. In Ukraine, SpaceX’s Starlink has blurred the lines between commercial and military communications, with the satellite broadband service supporting the Ukrainian army while becoming a target for signal jamming by Russia. What can we learn from these conflicts in Europe and the Middle East? What role will cyber and disinformation operations play in future wars? What has Ukraine taught us about the U.S. defense industrial base and defense technology? As China increases its aggression toward Taiwan and elsewhere in the Indo-Pacific, how will technology play a role in either deterring a conflict or deciding its outcome? Evan is joined by Kevin B. Kennedy,  a recently retired United States Air Force lieutenant general who last served as commander of the Sixteenth Air Force. He previously served as Director for Operations at U.S. Cyber Command.

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.