Tech Policy Podcast

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

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.

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.

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.