Tech Policy Podcast - podcast cover

Tech Policy Podcast

Tech policy is at the center of the hottest debates in American law and politics. On the Tech Policy Podcast, host Corbin Barthold discusses the latest developments with some of the tech world's best journalists, lawyers, academics, and more.
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Episodes

#58: Banning Encryption

Last week, a pair of Senators introduced a bill that was overwhelmingly described by technology experts as “ludicrous, dangerous, and technically illiterate.” That’s because critics say the bill would effectively ban end-to-end encryption, a basic practice of digital security that protects privacy and cybersecurity but can also be used by terrorists and criminals to avoid detection. The “Compliance with Court Orders Act of 2016” would mandate that a company like WhatsApp, with other a billion us...

Apr 11, 201625 minEp. 57

#57: Burner Phones and Terrorism

Pre-paid “burner” phones are often associated with the illegal world, whether it’s drug dealing, organized crime, or even terrorism. But for most consumers, they offer legitimate benefits, including privacy protections and an alternative to lengthy phone contracts. In the wake of the Brussels attacks, some lawmakers are turning their sights on burner phones. Congresswoman Jackie Speier (D-CA) recently introduced a bill that would require consumers to present government-issued ID to buy these pho...

Apr 08, 201625 minEp. 56

#56: FCC Intrigue, Netflix Throttling, and Zero-Rating (w/ FCC Comm’r Mike O’Rielly)

What’s the FCC been up to lately? Short answer: a lot. Luckily for us, a special guest, FCC Commissioner Mike O’Rielly, made time to join the show to discuss broadband subsidies, Netflix throttling, and the agency’s “inquiry” into zero-rating programs. Why did the FCC’s monthly meeting get delayed for several hours last week? Why isn’t the Commission looking into Neflix’s throttling of AT&T and Verizon customers’ video streams? What’s going on with the FCC’s investigation of T-Mobile’s Binge...

Apr 07, 201626 minEp. 55

#55: 3D Printing, Free Speech, and Gun Rights

3D printing is revolutionizing manufacturing, but not without controversy. The technology has made printing guns in your home relatively easy and cheap using open-source code provided by organizations like Defense Distributed. The nonprofit came under fire from the State Department, which alleged that disseminating code to print 3D guns is akin to international arms trafficking. Evan is joined by Randal Meyer, a legal associate at the Cato Institute, which filed a brief in Defense Distributed v....

Apr 06, 201620 minEp. 54

#54: Presidential Campaigns & Big Data

How much do the presidential campaigns know about you? Most Americans are probably aware that tech companies and intelligence agencies collect their personal information — albeit for very different reasons. But perhaps less known are the data collection practices of the 2016 campaigns. Evan is joined by TechFreedom intern Ashley Holmes, a graduate student at George Washington University studying global communication. They discuss Big Data in the elections, what the campaigns want with it, and wh...

Apr 05, 201620 minEp. 53

#53: Don't F@*# With My Call of Duty

Is the FCC f***ing with your Call of Duty? Could strict net neutrality regulation make online video gaming worse? The FCC's Title II reclassification of broadband included a blanket ban on paid prioritization of Internet traffic, even if done at the request of the user. Net neutrality activists called that a win for consumers, but prioritization could improve lag-sensitive services like online gaming, live-streamed sports, and video chatting. Evan is joined by Tom Struble, TechFreedom’s Policy C...

Apr 01, 201625 minEp. 52

#52: Regulating Airbnb

How friendly is your city to short-term rentals? As Airbnb, Home Away, and other home-sharing platforms grow in popularity, they run into a hodgepodge of local regulations that differ, sometimes even by zip code. Evan is joined by Andrew Moylan, Senior Fellow at the R Street Institute. They discuss Roomscore.org , a new website that grades cities on their home-sharing regulations.

Mar 30, 201622 minEp. 51

#51: Netflix Wins Hypo(crite) Award

Last week, Netflix copped to deliberately downgrading its video quality for AT&T and Verizon customers for the past five years -- without telling anyone. While the throttling isn't a net neutrality violation per se, since Netflix is not a broadband provider, it looks pretty hypocritical given the company's heated, absolutist rhetoric on the treatment of Internet traffic. It certainly poses serious concerns for transparency, and anti-competitiveness, since Netflix spared T-Mobile and Sprint c...

Mar 29, 201623 minEp. 50

#50: Regulators Gonna Regulate

You may not know much about the most important agency in Washington when it comes to regulating new technologies. The Federal Trade Commission, or FTC for short, is for better or worse, becoming the Federal Technology Commission. This week, FTC Commissioner Julie Brill resigned, leaving a second seat for Congress to fill. What does a second vacancy mean for the agency? Can the agency protect consumers without stifling innovation? Evan and Berin discuss the FTC’s past, present, and future. For mo...

Mar 28, 201627 minEp. 49

#49: Apple v FBI- On Hold... For Now

Apple’s battle with the FBI in California is on hold for now, but the battle is far from over. This week, a federal magistrate postponed a court hearing on the case scheduled for Tuesday. Initially, the FBI had asked Apple to help it unlock the iPhone of Syed Farook, one of the San Bernardino shooters. But now, the agency is saying it found an “outside party,” rumored to be an Israeli cybersecurity firm, to help unlock the phone. What does this mean for the ongoing debate over tech companies’ co...

Mar 24, 201627 minEp. 48

#48: How Stuff Works - The Sharing Economy

What exactly is the “sharing economy?” Regulatory battles with Uber and Airbnb make for flashy headlines, but how much do we know about the sharing economy as a whole? Is the term even accurate? Should we be calling it the “gig economy” instead? Evan is joined by Will Rinehart, Director of Technology and Innovation Policy at American Action Forum. They discuss the history of the gig economy, whether it’s really “on the rise,” and what makes Uber and Airbnb different from Etsy and Ebay.

Mar 23, 201622 minEp. 47

#47: Government-Run Internet

As cities like Chattanooga, TN and Wilson, NC look to expand government-owned broadband networks (GONs) beyond their borders, they’re running into state laws that authorize, but restrict, GONs. How much control should states have over these networks? The FCC says it can overturn specific provisions of state broadband laws under its Section 706 authority to “promote broadband deployment.” But does the FCC actually have this power? Is the agency trampling on states’ rights? That’s what the Sixth C...

Mar 22, 201635 minEp. 46

#46: The Nether

In the future, what will the Internet look like? One playwright imagines The NETHER: a network of virtual reality realms that allow users to log in and indulge in their deepest, darkest desires. These immersive, sensory experiences include behavior that, in the real world, is almost universally regarded as repugnant and illegal. Could virtual reality create an outlet for people to blow off steam? Or will anonymous, virtual behavior only encourage users to engage in the real thing? Evan is joined...

Mar 21, 201625 minEp. 45

#45: Sex Trafficking and the Internet

Backpage, the second largest classified ads website after Craigslist, has been embroiled in controversy and legal battles over allegations that its “adult” section facilitates sex trafficking and prostitution. Just yesterday, the Senate voted unanimously to hold Backpage in contempt for not cooperating with a committee’s months-long investigation into sex trafficking. Evan is joined by Randal Meyer, a legal associate at the Cato Institute, which filed a brief in Backpage.com v. Dart. They discus...

Mar 18, 201621 minEp. 44

#44: A Lifeline for Broadband

Ever notice those fees on your cell phone or landline telephone bill? The FCC collects them to fund programs like Lifeline, which subsidizes communications service for those can’t afford it. But is Lifeline effective? Critics have long argued that the program is fraught with waste, fraud, and abuse. A government report suggested that the vast majority who receive subsidies don’t need them. Evan is joined by Will Rinehart, Director of Technology and Innovation Policy at American Action Forum. The...

Mar 17, 201623 minEp. 43

#43: Drone Safety

Do toy drones endanger the national airspace? The Federal Aviation Administration (FAA) seems to think so. Right before Christmas, the FAA rushed through rules requiring basically every kid who got a drone from Santa to register with the agency for $5. Will a government database of drone users actually make us safer? Is the agency just buying time to figure out what to do about drones? Evan is joined by Eli Dourado, Director of Technology Policy at the Mercatus Center, a research center based at...

Mar 15, 201621 minEp. 42

#42: Broadband Privacy

The FCC is set to issue new regulations on how Internet access providers collect and use consumer data. On Thursday, March 11, the agency released a fact sheet indicating that it will require broadband companies to get consent from their customers for certain advertising and data practices. The Internet wasn’t invented yesterday, so why is the agency doing this now? Evan and Berin discuss the FCC’s fact sheet and what it means for privacy and competition. Will the new regulations really be bette...

Mar 14, 201625 minEp. 41

#41: The War on Hacking

If 2015 was the “year of the hack,” what will 2016 mean for cybersecurity? Will Congress’s hastily-passed cyber bill (CISA) do anything to stop the onslaught of hacking? Evan is joined by Morgan Wright, a cybersecurity expert. They discuss the state of the “War on Hacking” and whether private and public sector efforts to combat cyber attacks will be effective. See more of Morgan’s work on his website.

Mar 11, 201622 minEp. 40

#40: Unlocking the Cable Box

Consumers have never had more ways to watch video, but traditional cable and satellite subscriptions still require set-top boxes, which typically cost 15-20 dollars a month to rent. The FCC is looking to disrupt this market by forcing cable, telephone, and satellite companies to make their equipment interoperable with third-party set-top boxes made by other companies. It sounds good in theory, but will it actually help consumers? And is this move only prolonging the inevitable death of the cable...

Mar 10, 201622 minEp. 39

#39: Uber vs. Thumbtack: Labor in the Sharing Economy

When it comes to the sharing economy, most of the focus is on companies like Uber, Lyft and Airbnb. But skilled professionals like handymen, mechanics, and personal trainers are taking advantage of online platforms like Thumbtack to find customers. Evan is joined by Jared Meyer, a research fellow at the Manhattan Institute. They discuss Thumbtack’s new report , released today, about skilled workers in the sharing economy. Should skilled labor be treated differently by regulators than “gig” platf...

Mar 09, 201619 minEp. 38

#38: How Stuff Works - Spectrum 101

Spectrum is everywhere, and we’re interacting with it almost constantly. Whether we’re using smartphones, tablets, bluetooth speakers, AM/FM radios or basically any WiFi device, we're relying on spectrum to send and receive information. Evan is joined by Brent Skorup, a research fellow at the Mercatus Center, a research center based at George Mason University. They discuss the history of spectrum from radios to smartphones. Were spectrum licenses really doled out through beauty and popularity co...

Mar 08, 201630 minEp. 37

#37: Social Media and Terrorism

ISIS and other terrorist groups are using social media to recruit members to their causes. Tech companies like Twitter and Facebook are working to take down extremist propaganda, and even hacktivist groups like Anonymous are joining the fight. But is this a losing battle? Evan is joined by Morgan Wright, a cybersecurity analyst for major media outlets and a senior fellow at the Center for Digital Government. They discuss the state of terrorism on social media and efforts to combat radicalization...

Mar 07, 201622 minEp. 36

#36: MOBILE NOW & The Future of Wireless

Demand for mobile data is exploding, begging the question: is there enough available wireless spectrum to meet this demand? As wireless carriers prepare for 5G, the future of wireless, lawmakers are grappling with how to make mobile broadband deployment easier. Today, the Senate Commerce Committee approved the MOBILE NOW Act. Evan and Berin are joined by Tom Struble, TechFreedom’s policy counsel. Will the legislation free up enough spectrum to make 5G workable? What other ways can government rem...

Mar 04, 201625 minEp. 35

#35: Imperial FCC

On Wednesday, FCC Chairman Tom Wheeler refused to commit to step down following the election of the next president, breaking with a century of tradition for independent regulatory agencies. Evan and Berin discuss the reasoning behind Wheeler’s controversial decision and the possible implications for the future of the Commission. For more, read Berin’s op-ed in Medium ....

Mar 03, 201624 minEp. 34

#34: Washington #TechFail

When it comes to technology, is Washington failing America's young? Young people disproportionately use and rely on technology, yet the lawmakers who decide tech policy are often clueless as to how to regulate the Internet, drones, and other new gadgets. Evan is joined by Jared Meyer, a research fellow at the Manhattan Institute and co-author of "Disinherited: How Washington is betraying America's young." They discuss how Washington's approach to tech impacts young people from video games to NSA...

Mar 02, 201619 minEp. 33

#33: Space Law (Part 3) Mining in Space

Congress actually passed an asteroid mining bill last year. Did they get it right? In Part III of our Space Law series, TF Adjunct Fellow Jim Dunstan and Berin discuss the details of the bill, next steps for Congress, and the economics of tapping the resources of the solar system. Check out Episode 13 for an intro to Jim and his 30+ year career in commercial space law, and Episode 28 for an introduction to property rights in space.

Mar 01, 201631 minEp. 32

#32: McCaul Encryption Comission

While Apple’s recent refusal to comply with the FBI’s demand to unlock the iPhone of a San Bernardino attacker may have pushed privacy and encryption to the forefront of public debate, a bipartisan plan to examine the impact of encryption on law enforcement has been in the works for months. Today, Rep. Michael McCaul (R-TX) and Sen. Mark Warner (D-VA) introduced legislation to establish a commission to examine the issue. Evan and Ryan Hagemann, the Niskanen Center’s technology and civil libertie...

Feb 29, 201622 minEp. 31

#31: EU Digital Single Market: The View from Milan

When it comes to tech startups and innovation, the European Union has largely lagged behind the United States and China. In an effort to reverse this trend, the European Commission is working to create a Digital Single Market (DSM) to harmonize technology regulations across its member states. It’s a nice idea, in theory, but it poses serious concerns for competition and differentiation among EU nations. Evan and Berin are joined by Massimiliano Trovato, a research fellow at the Istituto Bruno Le...

Feb 26, 201630 minEp. 30

#30: “Net Neutrality” (Ahem, Title II) Progress Report

This time last year, the FCC voted 3-2 to reclassify broadband under Title II of the 1934 Communications Act, utility rules designed for railroads and telephone monopolies — all in the name of “net neutrality.” Special guest FCC Commissioner Ajit Pai, who voted against the Open Internet Order, joins us to give his one-year progress report for the FCC’s Internet regulations. Has the Order protected consumers from harm? Or, as critics warned, has it stifled competition, innovation and investment? ...

Feb 25, 201623 minEp. 29

#29: Bitcoin is Unleashing Economies

Bitcoin, a once-geeky novelty, has grown into a legitimate currency that disrupts financial markets — especially in the developing world. Bitcoin can be an alternative to failing currencies, offering an escape from oppressive regimes and hyperinflation. Evan is joined by Caleb Watney, a graduate research fellow at the Mercatus Center. They discuss Bitcoin’s presence in developing nations — from backing new businesses to providing financial stability. For more, check out Caleb’s op-ed in Policy I...

Feb 24, 201619 minEp. 28
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