Tech Policy Podcast

Jess Miers, Assistant Professor of Law at the University of Akron, joins to unpack the Take It Down Act, a controversial federal bill aimed at non-consensual intimate imagery. She critiques its potential for widespread censorship and the vague definitions that could lead to overreach. Miers highlights the disconnect among politicians regarding innovative tech policies and the risks for marginalized communities. The conversation sheds light on the challenges of enforcement and the regulation of online content, raising crucial questions about free speech.

Eric Goldman (Santa Clara Law) discusses his new paper, “The ‘Segregate-and-Suppress’ Approach to Regulating Child Safety Online.”Topics include:The many kinds of online age-verification lawAge verification as an information problemFancy tech as deus ex machinaData collection today; state surveillance tomorrowWhat about devices and app stores?The internet and Maslow’s hierarchy of needsChild safety: it takes a villageThe parental consent nightmareLinks:The “Segregate-and-Suppress” Approach to Regulating Child Safety OnlineAge-Verification Laws Are a Verified MistakeTech Policy Podcast 354: Online Age Verification (Sucks)

The recent push for backdoors in encryption by the UK government raises critical privacy issues, echoing reactions from U.S. lawmakers. A stark contrast in government trust between the UK and the US highlights the Online Safety Act's threats to free speech. The UK’s propaganda depicts encryption as dangerous, downplaying its role in safeguarding dissent. Discussions on government surveillance challenge the balance between security and individual rights, while examining the implications of judicial authority on civil liberties.

Liz Dye and Andrew Torrez (Law & Chaos) discuss the Trump administration’s renditions to El Salvador, its purges of Justice Department lawyers, and other heinous things you should worry about.Links:Law & ChaosTrump v. J.G.G. (SCOTUS)Noem v. Abrego Garcia (4th Cir.)Trump docket w/ CourtListener linksThe Constitutional Crisis Is Here

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. Circuit’s post-recording order

Chris Marchese, the director of litigation at NetChoice, dives into the organization's mission to defend free speech online. He shares insights on numerous lawsuits regarding internet regulations, including Texas’s HB 20 and California's age-appropriate design code. Marchese argues against the idea of age-gating the web and discusses the implications of targeting social media that can harm smaller platforms. The conversation also addresses the balance between child protection and First Amendment rights in the digital landscape.

Anupam Chander (Georgetown Law) discusses the many bad precedents—legal, geopolitical, and otherwise—that we’ll be living with in the wake of the Supreme Court’s decision to uphold the TikTok ban.Links:TikTok v. Garland Opens the Door to Global CensorshipHarvard Law School Rappaport Forum: TikTok and Free SpeechThe National Security InternetTech Policy Podcast 399: What the TikTok Ruling Should Have Said

Jeffrey 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

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 CenturyTech Policy Podcast 394: Tech and Trump 2.0

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 Massive AI Spending