Techdirt

Privacy laws are often well-intentioned, but rarely without terrible unintended consequences. And some of these fly right under the radar, like the fact that various privacy laws have made it harder for defense teams in criminal trials to access critical information, even as law enforcement and prosecutors don't seem to face the same problem. This week, we're joined by Berkeley Law's Rebecca Wexler, who has been tracking this issue and working on an upcoming paper about it, to discuss how privacy laws are harming criminal defendants.

If you're a baseball fan, you've probably heard of Jomboy (aka Jim O'Brien) by now. And if you're not, you still might have — because he's been getting attention by building a successful new media network online with his baseball explainer videos. And of course, that includes facing some familiar copyright and ContentID obstacles along the way. This week, Jomboy himself joins us on the podcast to discuss the experience, the challenges, and yes, the baseball.

Once again, it's time for the CES post-mortem! Unlike past years, Mike didn't make it to the 2020 show, but our regular guest and unrivaled CES veteran Rob Pegoraro is back with all the important details from the ground. Listen in to find out what new consumer tech, both expected and unexpected, the industry is pushing this year.

We're back! It's been a lull over the holidays and we've gone a while without new podcast episodes, but now we've got several lined up for the coming weeks — and today we kick things off with a very interesting discussion. Many of you probably know about the controversy and concern over the Internet Society's sale of the .ORG domain registry to a private equity firm, but one prominent defender of the deal is ISOC trustee Mike Godwin, and today he joins us to explain his reasoning and try to convince Mike that the sale is a good idea.

When Kashmir Hill last joined us on the podcast, it was to discuss her experiment with cutting big tech companies out of her life. This week she's back to discuss something even harder to escape, and subject of her recent article in the New York Times: the low-profile companies that track consumers and assign them secret scores, and the disturbing amount of power they wield.

We've said it before (and even put it on a t-shirt) and we'll say it again: copying is not theft, and intellectual "property" is anything but. In September, the Niskanen Center published an excellent paper exploring this issue and explaining why IP is a misnomer — and this week we've got one of the authors of that paper, Daniel Takash, to discuss in more detail why property is simply the wrong lens for looking at copyrights and patents.

GET YOUR COPY OF THE ANTHOLOGY AT https://workingfutur.es/ A few weeks ago, we sat down with some of the authors from Working Futures, our new anthology of short stories about the future of work. Today we're back with three new guests whose stories are featured in the collection: Andrew Dana Hudson, N. R. M. Roshak, and Randy Lubin (who helped design the scenario-planning game we used to spawn ideas for many of the stories). We hope you enjoy this second instalment in our discussion all about Working Futures and the intriguing, challenging stories therein.

We've written a lot about Backpage ever since it replaced Craigslist as the favorite target of grandstanding prosecutors, and especially since it was used to help pass FOSTA. Now history's being rewritten to claim FOSTA took Backpage down, despite that not being the order in which things happened. The biggest issue, though, is that taking down these sites makes it harder to fight sex trafficking — and the feds know it. This week, we're joined by Reason's Elizabeth Nolan Brown to discuss documents she recently obtained in which federal investigators repeatedly acknowledge that Backpage helped them do their job, and wasn't run by a bunch of criminals.

A couple of months ago, we were surprised when a WIPO employee showed up in our comments to defend the organization's new database of supposedly infringing sites against our many criticisms. In that post, we highlighted a Twitter thread from lawyer Rick Shera — who represented Mega — and this week, Shera joins us on the podcast to further discuss the inefficacy and negative impact of these kinds of pirate shaming lists.

GET THE BOOK: http://workingfutur.es/ As we hope you know by now, last week we released Working Futures, an anthology of short stories about the future of work in our world of rapidly advancing technology, inspired by settings we developed with a specially-designed scenario planning exercise. For this week's special episode of the podcast, we've brought in three of the authors whose stories are featured in the book— Katharine Dow, Christopher Hooton, and James Yu — to talk about the process of developing future scenarios and, of course, about their stories.