Tech Policy Podcast

Can you own part of space? Or stuff you find there? In Part II of our Space Law series, TF Adjunct Fellow Jim Dunstan and Berin explore the basics of the 1967 Outer Space Treaty, what’s good and bad about federal asteroid mining legislation enacted last year, and what’s on the horizon for space property rights. Check out Episode 13 for an intro to Jim and his 30+ year career in commercial space law.

While the US has enjoyed well over $1 trillion in broadband investment since the mid-90s, connecting Native American reservations to the Internet has proven difficult. 41 percent of residents on tribal land still lack access to a broadband connection, compared to only 10 percent in the US as a whole. Evan and Berin are joined by Jim Dunstan, founder of Mobius Legal Group and longtime representative of Native American tribes. They discuss the hurdles to broadband deployment and adoption on reservations and what steps are needed to bridge the Digital Divide.

Justice Scalia’s death sparked a flurry of speculation about who will replace him. Sri Srinivasan tops most lists of potential successors. But he's also one of three appellate judges set to rule on the FCC’s Internet regulations. How might that decision affect his nomination, and the president’s decision about whether to pick him? Might the intersection of the looming court decision and his nomination make “net neutrality” a major election issue? And does Scalia’s death change how the courts might rule on the FCC’s reclassification of broadband under Title II of the 1934 Communications Act? See our op-ed in Real Clear Technology for more.

Media coverage of drones often focuses on near-misses with airplanes or bombings in the Middle East. But there’s another side to drones that doesn’t get enough attention: humanitarianism. While the Federal Aviation Administration (FAA) fumbles around with how to regulate drones in the US, the international community is embracing drones for the purposes of disaster response and humanitarian assistance. Evan is joined by Ashley Holmes, a graduate student a George Washington University and intern at TechFreedom. They discuss drones as a force for good, the role of regulation, and what the US can learn from the Philippines and Rwanda.

Apple made headlines today by refusing to comply with a federal judge’s order to unlock the iPhone of Syed Rizwan Farook, one of the San Bernardino attackers. In an open letter to customers, Apple CEO Tim Cook explained the importance of strong data security and the dangerous precedent that would set by forcing the company to unlock the phone. Evan and Berin discuss the 1789 All Writs Act, which the FBI claims requires Apple to provide “reasonable technical assistance.” Should that include compromising the security of devices? Are we heading down a slippery slope? And how will the court fight play out?

Online free speech is critical to companies like Yelp and TripAdvisor whose business models depend on consumer reviews. But companies often don’t like what they see on those sites, and can use strategic lawsuits against public participation (SLAPPs) to discourage people from sharing their opinions online. Without anti-SLAPP laws, consumers might end up spending huge sums on legal fees to defend their speech, even when the lawsuits are frivolous. Evan is joined by Moriah Mensah, a recent graduate of Howard University School of Law and a policy intern at the R Street Institute. They discuss the problems with SLAPPs and whether reform efforts like the SPEAK FREE Act will be effective.

This week, India shut the door on Free Basics, a Facebook program that offers free, limited Internet access to people in the developing world. While some activists are hailing the decision as a victory for net neutrality, proponents of zero-rating programs like Free Basics note that 80% of Indians still lack Internet access, and shutting down Facebook’s offering won’t help get them online. Evan and Berin discuss the regulator’s decision, and ask: why didn’t the regulator actually address the challenge of getting Indians online? Can zero-rating actually provide an on-ramp to the full Internet?

Is broadband being deployed in a “reasonable and timely manner” in the United States? From 1998 on, the FCC always said yes. But in 2010, the FCC abruptly reversed course, declaring market failure. The agency immediately used those findings to increase its authority and justify more Internet regulation. Special guest FCC Commissioner Ajit Pai joins the show to discuss the state of broadband in America, why the FCC ignores the good news on deployment, and the increasing politicization of a supposedly independent agency.

Section 702, a US foreign surveillance program, is set to expire at the end of 2017. While privacy advocates are crying out for reform or repeal, intelligence agencies say this could hamper their counter-terrorism efforts. Evan is joined by Nathan Leamer, a policy analyst at the R Street Institute. They discuss the effectiveness of foreign surveillance, how Congress oversees intelligence agencies, and what oversight reform should look like.

On surveillance, is Europe unfairly picking on the United States? The Snowden leaks focused outrage on the NSA, but some experts say that the European Union and privacy advocates should focus on the real offenders like Russia and China — and argue that Europe’s surveillance and law enforcement agencies may have even easier access to Europeans’ data than is true in the U.S. Evan is joined by Stewart Baker, a partner at Steptoe & Johnson and formerly the Assistant Secretary for Policy at the Department of Homeland Security. They discuss transatlantic data flows, what the EU has in common with North Korea, and Stewart’s proposed Europocrisy prize.