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It seems the madness just never stops on Elon Musk's Twitter, and it's almost impossible to keep up. Recently, Mike joined the Daily Beast's podcast, The New Abnormal, for a discussion with host Andy Levy about just what exactly is going on with Twitter under Musk's erratic leadership. The conversation first appeared as part of The New Abnormal's latest episode, and now you can listen to Mike's segment here on the Techdirt Podcast. The New Abnormal episode: https://www.thedailybeast.com/watching-the-last-jan-6-hearing-was-utterly-heartbreaking

It's been a little over a year since we learned about Meta's "X-Check" program for whitelisting high-profile Facebook accounts from various content moderation efforts. Now, after a long wait, the Oversight Board has released the results of its review of the use of the tool, and there's plenty to dig in into. This week, we're joined by Suzanne Nossel, CEO of PEN America and member of the Oversight Board, to discuss the details of the program and what the board has to say about it.

Last Friday evening, Elon Musk and Matt Taibbi dropped a non-bombshell on everyone, with the revelation of internal Twitter documents about the content moderation around Hunter Biden's laptop that showed... nothing particularly unusual or notable happened, and there's no evidence of government interference. Over the weekend, Mike was interviewed by Justin Hendrix for the Tech Policy Press podcast for a closer look at just what was contained in "the Twitter Files", and we've got the whole conversation for you here on this week's episode.

This week, we have a special joint episode with The Neoliberal Podcast, discussing the question on a lot of minds: just what the hell is going on at Twitter now that Elon Musk is in charge? He's owned the company for less than a month, and it's already in chaos. Mike sits down with Neoliberal Podcast host Jeremiah Johnson to discuss why content moderation is so difficult at scale, whether Mastodon can be a real Twitter replacement, Elon's erratic and dumb moves, and the big question: whether or not Twitter might die. The Neoliberal Podcast - https://podcasts.apple.com/us/podcast/will-elon-kill-twitter-ft-mike-masnick/id1390384827?i=1000587263520

There are big internet regulatory changes coming in the EU, with the Digital Services Act and the Digital Markets Act. Each is a huge bundle of new rules that could drastically change the future of the entire internet, and today we're focusing on the DSA, which is set to come into force in 2024. Emma Llansó from the Center for Democracy & Technology and Daphne Keller from Stanford's Cyber Policy Center join us on this week's episode to dig into the DSA and its many, many implications.

We've often talked about the importance of distinguishing content moderation at the infrastructure layer of the internet stack from that which happens on platforms at the edge, and this issue was brought to the forefront recently when Cloudflare took down Kiwi Farms. This week, we're joined by internet policy expert Konstantinos Komaitis to discuss an interesting, if admittedly imperfect, idea for approaching these tough questions: would infrastructure providers benefit from a third-party oversight board that handles content moderation decisions?

Amidst all the conversation around regulating social media, algorithmic amplification, and disinformation, one idea that tends to get a lot of broad support is mandating editorial transparency. After all, it sounds nice, since transparency is usually a good thing. But in fact, there are huge legal and conceptual problems with mandated transparency. Santa Clara Law's Eric Goldman has written papers on the constitutionality of the idea and an important Supreme Court case related to this question, and this week he joins the podcast to discuss why mandated transparency isn't as good (or as constitutional) as many people claim. Read the papers: The Constitutionality of Mandating Editorial Transparency - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4005647 Zauderer and Compelled Editorial Transparency - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4246090

One of the oldest and most important topics on Techdirt is copyright, and the many problems with the law both here and abroad. One of the best voices on the subject, here and in many other publications, is Glyn Moody, who recently released his book Walled Culture, that goes through the history of how legacy copyright industries have tried to harm the internet and gain ever greater control over the work of artists and creators. It's available as a free e-book under a Creative Commons CC0 public domain dedication, and today Glyn joins the podcast to discuss the book and the long, often-sad story of copyright law around the world. Get the book: https://walledculture.org/the-book/

As you probably already know, Techdirt recently marked its 25th anniversary and celebrated the occasion with an online party for our Insider subscribers. At the event, Mike was joined by Techdirt co-founder Dennis Yang for an interview conducted by Alex Feerst of Murmuration Labs, in which they looked back on the history of the site and took some questions from the audience. Now, you can listen to the full conversation on this week's episode of the Techdirt Podcast.

When Mike wrote a post digging into some of the complex questions surrounding Cloudflare banning Kiwi Farms, there was plenty of backlash and disagreement — much of it thoughtful and well worth engaging with. Among the strongest critics was lawyer Mike Dunford, who composed a detailed Twitter thread that lead to a lengthy back-and-forth. This week, he joins us on the podcast to continue the conversation and discuss the welcome death of Kiwi Farms as well as broader issues of content moderation at the infrastructure layer.