Tech Policy Podcast

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

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

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 The conversation highlights the 2023 Merger Guidelines and critiques the reliance on outdated legal doctrines.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.

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

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

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.

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.

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

From April 12, 2022 (Episode 317): Alec Stapp discusses the work, goals, and philosophy of his innovative new think tank, Institute for Progress.Topics include:Metascience: the key field you’ve never heard ofTech industry 🤝 policy wonksAlec’s theory of changeHow to evangelize for progressBaby making music (j/k not j/k)The need for an abundance agendaLinks:Institute for Progress Tech Policy Podcast 381: American Techno-Industrial Leadership — With Noah Smith Tech Policy Podcast 327: The Collapse of Complex Societies — With Joseph Tainter

Paul Grewal (Coinbase) takes us on a deep dive into all aspects of crypto regulation, litigation, and legislation. A crossover episode with the Washington Legal Foundation / TechFreedom Tech in the Courts series.Topics include:The elevator pitch for cryptoSecurities law: it’s not the New Deal anymoreThe inconsistent SECSEC v. Coinbase / Coinbase v. SECOperation Choke Point 2.0The need for crypto legislationCentral bank digital currencies (are dumb)Satoshi Nakamoto: a $68 billion mysteryLinks:Keep Crypto FreeCoinbase’s Petition for Rulemaking to the SECOperation Choke Point 2.0 Is Underway, and Crypto Is in Its CrosshairsTech Policy Podcast 312: Web3