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Tech Policy Podcast

Latest episodes

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Feb 3, 2025 • 57min

396: The Cybersecurity Crisis

Maggie Miller, a cybersecurity reporter at Politico renowned for her expertise on Chinese cyber warfare, dives into the alarming cyber activities of the Chinese Communist Party. She sheds light on Salt Typhoon, a hacking group linked to China, and discusses the urgent need for enhanced cybersecurity measures. The conversation covers the firing of the Cyber Safety Review Board and its implications, along with the intricate dynamics of U.S.-China cybersecurity tensions, highlighting the delicate balance of espionage and countermeasures.
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Jan 23, 2025 • 51min

395: The Digital Fourth Amendment — With Orin Kerr

Orin Kerr, a Stanford Law professor and author of "The Digital Fourth Amendment," dives deep into the intersection of digital privacy and the Fourth Amendment. He argues that original interpretations of the Fourth may not hold up in today’s tech-driven world. Kerr discusses whether criminals should simply avoid smartphones and critiques the practicality of the mosaic theory. The conversation also uncovers the complex balance between personal privacy and law enforcement needs, emphasizing a call for updated legal frameworks to protect digital rights.
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Jan 13, 2025 • 60min

394: Tech and Trump 2.0

Ari Cohn (FIRE) and Corbin Barthold (TechFreedom) preview the biggest tech policy issues of the Trump II administration.Topics include:TikTok ban: still unconstitutionalTrump’s bonkers TikTok briefWas it worth it, Brendan Carr?Obsolete rules for obsolete TV networksCarr & Sec. 230: not how any of this worksAndrew Ferguson plays MAGA Mad LibsFerg & antitrust: not how any of this worksKOSA rises from the cryptLinks:Tech Policy Podcast 344: TikTok and the First AmendmentTech Policy Podcast 371: So You Want to Ban TikTokChristopher Terry’s Carr/Fox FOIA requestThe Incoming FCC Chair Is Threatening to Censor Views He Doesn’t LikeAndrew Ferguson’s FTC enforcement prioritiesThe Trump II FCC and FTC Will Use Any Stick to Beat a Dog
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Dec 30, 2024 • 1h 4min

From the Vault: Why Section 230 Matters

From October 31, 2022 (Episode 331): Emma Llansó discusses the history and importance of Section 230.Links:The Third Circuit’s Section 230 Decision In Anderson v. TikTok Is Pure PoppycockFive Decisions Illustrate How Section 230 Is Fading Fast
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Dec 17, 2024 • 57min

393: Herbert Hovenkamp on the State of Antitrust Law

Herbert Hovenkamp is a leading expert in antitrust law, teaching at Penn Law and Wharton. He shares insights on the progressive antitrust movement and the government's aggressive stance on Big Tech. The conversation highlights the 2023 Merger Guidelines and critiques the reliance on outdated legal doctrines. Hovenkamp also delves into iconic antitrust cases like Microsoft's and the historical AT&T breakup, emphasizing the impact on innovation. His forward-thinking approach advocates for a balanced enforcement strategy in today's tech landscape.
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Dec 9, 2024 • 56min

392: Vaping Heads to SCOTUS

Jonathan Adler (Case Western Law) and Ari Cohn (FIRE) discuss the FDA’s war on vaping and the Supreme Court case FDA v. Wages and White Lion Investments.Topics include:The (comparative) health case for vapingYet another moral panicKids take risks!The bungling FDAA disappointing oral argumentFine points of administrative lawWill the Trump admin switch course?Links:En Banc Fifth Circuit Rejects FDA's Vaping Regulation "Surprise Switcheroo"Baptists, Bootleggers & Electronic CigarettesUneducating Americans on VapingThe Food & Drug Administration Has a Vaping ProblemMore Evidence that Bans on Flavored Vaping Products May Increase Teen SmokingSpeech Regulation and Tobacco Harm Reduction
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Dec 2, 2024 • 41min

391: Dispatch from the Fediverse

Samantha Lai (Carnegie Endowment) discusses the state of federated social media (Bluesky, Threads, Mastodon, etc.).Topics include:A map of the fediverseWhat makes Bluesky new?Tools for tiny moderatorsTurning the dial of centralization“Community” or “echo chamber”?Will one platform “win” the fediverse?The beauty of exitThe beauty of the unknownLinks:Online Safety and the “Great Decentralization” – The Perils and Promises of Federated Social MediaSome (Slightly Biased) Thoughts on the State of Decentralized Social MediaDot Social with Mike McCueTech Policy Podcast 358: Information Animals Fighting Information WarsTech Policy Podcast 352: Yoel Roth on the Future of Content Moderation
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Nov 20, 2024 • 1h 13min

390: The Apple Antitrust Case

In this engaging discussion, Geoff Manne, President of the International Center for Law & Economics and an antitrust law expert, dives into the Department of Justice's lawsuit against Apple. They explore Apple's closed ecosystem and its implications for consumer choice and competition. The conversation critiques the antitrust claims related to messaging services and examines the complexities of Apple's market power. They also ponder the potential consequences of a 'DoJ-designed smartphone' and what it could mean for innovation in the tech industry.
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Nov 7, 2024 • 1h 2min

389: The Rise of the Compliant Speech Platform — With Daphne Keller

Daphne Keller, Director of Platform Regulation at Stanford Cyber Policy Center, dives into the implications of the EU’s Digital Services Act on content moderation and freedom of expression. They discuss the complexities of platform compliance and the challenges of auditing social media under new regulations. Keller highlights the philosophical dilemmas around data use, emphasizing the pitfalls of relying solely on metrics to understand human behavior. The conversation also touches on the dynamics between tech giants and regulators, and the evolving landscape of digital governance.
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Oct 31, 2024 • 1h 3min

388: The Abundance Agenda — With Marshall Kosloff

Marshall Kosloff (The Realignment) discusses the abundance agenda—what it is, what it could achieve, how it applies in various policy areas, how to build a political coalition around it, how to implement it, and more.Topics include:Abundance of what?Energy policy: wtf is going onFixing defense procurementFixing state capacityBuilding an abundance coalitionCulture war forever?Abundance after the 2024 electionLinks:The RealignmentArsenal of DemocracyThe Harris Broadband Rollout Has Been a FiascoThe White House Bet Big on Intel. Will It Backfire?(Still) Against DegrowthTech Policy Podcast 381: American Techno-Industrial Leadership — With Noah Smith

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