Tech Policy Podcast

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.

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.