Orin Kerr (Stanford Law) discusses his new book “The Digital Fourth Amendment: Privacy and Policing in Our Online World.”

Topics include:

• The un-original Fourth Amendment
• Should crooks just not carry smartphones?
• Do originalists cheat on the 4A?
• SCOTUS 4A rulings as equilibrium adjustment
• Content vs. metadata
• The mosaic theory (is unworkable)
• Applying the 4A to tomorrow’s tech today

Links:

The Digital Fourth Amendment: Privacy and Policing in Our Online World

Tech Policy Podcast 368: How the Government Gets Your Data

Tech Policy Podcast 339: Will Tech Swallow the Fourth Amendment?

Tech Policy Podcast 294: Border Searches of Digital Devices

Ari Cohn (FIRE) and Corbin Barthold (TechFreedom) preview the biggest tech policy issues of the Trump II administration.

Topics include:

• TikTok ban: still unconstitutional
• Trump’s bonkers TikTok brief
• Was it worth it, Brendan Carr?
• Obsolete rules for obsolete TV networks
• Carr & Sec. 230: not how any of this works
• Andrew Ferguson plays MAGA Mad Libs
• Ferg & antitrust: not how any of this works
• KOSA rises from the crypt

Links:

Tech Policy Podcast 344: TikTok and the First Amendment

Tech Policy Podcast 371: So You Want to Ban TikTok

Christopher Terry’s Carr/Fox FOIA request

The Incoming FCC Chair Is Threatening to Censor Views He Doesn’t Like

Andrew Ferguson’s FTC enforcement priorities

The 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 Poppycock

Five Decisions Illustrate How Section 230 Is Fading Fast

Herbert Hovenkamp (Penn Law and Wharton) shares his thoughts on the progressive antitrust movement, the government’s antitrust campaign against Big Tech, the 2023 Merger Guidelines, the famous tech antitrust cases of the past, and more.

Links:

Charting Antitrust’s Future

Antitrust Policy After Biden

Structural Antitrust Relief Against Digital Platforms

Breaking Up Google Would Be a Big Mistake

What Big Tech Antitrust Gets Wrong

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 vaping
• Yet another moral panic
• Kids take risks!
• The bungling FDA
• A disappointing oral argument
• Fine points of administrative law
• Will the Trump admin switch course?

Links:

En Banc Fifth Circuit Rejects FDA's Vaping Regulation "Surprise Switcheroo"

Baptists, Bootleggers & Electronic Cigarettes

Uneducating Americans on Vaping

The Food & Drug Administration Has a Vaping Problem

More Evidence that Bans on Flavored Vaping Products May Increase Teen Smoking

Speech 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 fediverse
• What makes Bluesky new?
• Tools for tiny moderators
• Turning the dial of centralization
• “Community” or “echo chamber”?
• Will one platform “win” the fediverse?
• The beauty of exit
• The beauty of the unknown

Links:

Online Safety and the “Great Decentralization” – The Perils and Promises of Federated Social Media

Some (Slightly Biased) Thoughts on the State of Decentralized Social Media

Dot Social with Mike McCue

Tech Policy Podcast 358: Information Animals Fighting Information Wars

Tech Policy Podcast 352: Yoel Roth on the Future of Content Moderation

Geoff Manne (International Center for Law & Economics) and Corbin Barthold (TechFreedom) discuss the Department of Justice’s antitrust lawsuit against Apple.

Topics include:

• The DoJ’s case: five weird tricks 
• Apple: closed from the start
• Let’s talk about green bubbles …
• Refusal to deal or exclusionary conduct?
• A well-defined product market (for once)
• Triple-bank-shot antitrust liability (eww)
• DoJ-designed smartphones: what could go wrong!

Links:

Lina Khan’s Norm-Busting Legacy

Tech Policy Podcast 384: The Facebook Antitrust Case

Tech Policy Podcast 357: The Amazon Antitrust Case

Tech Policy Podcast 353: The Google Search Antitrust Trial

Tech Policy Podcast 302: Epic v. Apple

Daphne Keller (Stanford Cyber Policy Center) and Corbin Barthold (TechFreedom) have a wide-ranging conversation about the impact of the EU’s Digital Services Act on content moderation, the costs and benefits of platform transparency, the pervasiveness of complexity, the work of James C. Scott, Germans’ abiding thirst for data, the Burmese heroin trade, and more. For more, see Daphne’s recent article in Lawfare, “The Rise of the Compliant Speech Platform.”

Topics include:

• Big Tech and the DSA
• Daphne the investigative reporter
• A court case for every comment removal
• The EU: bean counter of human dignity
• James C. Scott appreciation day
• What does the DSA mean for the fediverse?
• Capitalism as a force for quantification
• Daphne’s metaphysics

Links:

The Rise of the Compliant Speech Platform

The Humpty Dance

Marshall Kosloff (The Realignment) discusses the abundance agenda—what it is, what it could achieve, how it applies in various policy areas, how to build a political coalition around it, how to implement it, and more.

Topics include:

• Abundance of what?
• Energy policy: wtf is going on
• Fixing defense procurement
• Fixing state capacity
• Building an abundance coalition
• Culture war forever?
• Abundance after the 2024 election

Links:

The Realignment

Arsenal of Democracy

The Harris Broadband Rollout Has Been a Fiasco

The White House Bet Big on Intel. Will It Backfire?

(Still) Against Degrowth

Tech Policy Podcast 381: American Techno-Industrial Leadership — With Noah Smith

From April 12, 2022 (Episode 317): Alec Stapp discusses the work, goals, and philosophy of his innovative new think tank, Institute for Progress.

Topics include:

• Metascience: the key field you’ve never heard of
• Tech industry 🤝 policy wonks
• Alec’s theory of change
• How to evangelize for progress
• Baby making music (j/k not j/k)
• The need for an abundance agenda

Links:

Institute for Progress 

Tech Policy Podcast 381: American Techno-Industrial Leadership — With Noah Smith 

Tech Policy Podcast 327: The Collapse of Complex Societies — With Joseph Tainter

Paul Grewal (Coinbase) takes us on a deep dive into all aspects of crypto regulation, litigation, and legislation. A crossover episode with the Washington Legal Foundation / TechFreedom Tech in the Courts series.

Topics include:

• The elevator pitch for crypto
• Securities law: it’s not the New Deal anymore
• The inconsistent SEC
• SEC v. Coinbase / Coinbase v. SEC
• Operation Choke Point 2.0
• The need for crypto legislation
• Central bank digital currencies (are dumb)
• Satoshi Nakamoto: a $68 billion mystery

Links:

Keep Crypto Free

Coinbase’s Petition for Rulemaking to the SEC

Operation Choke Point 2.0 Is Underway, and Crypto Is in Its Crosshairs

Tech Policy Podcast 312: Web3