Encryption continues to be a contentious policy issue, with law enforcement constantly applying pressure on companies to create backdoors to aid in criminal investigations. Most recently, the US government has urged Facebook to compromise the encryption features in its Messenger app, which has been used by MS-13 gang members. But what would be the consequences of such measures? How exactly does encryption work? Navroop Mitter, CEO of Armortext , joins the show to discuss....
Oct 02, 2018•39 min•Ep. 238
Evan Swarztrauber, the Tech Policy Podcast’s original host, returns to discuss the work he’s doing to speed the deployment of 5G wireless networks in his new role as policy advisor to FCC Commissioner Brendan Carr. For more, follow Evan and Twitter , and listen to his new FCC podcast, More than Seven Dirty Words .
Sep 21, 2018•12 min•Ep. 237
Law enforcement continues to face challenges with the evolving problems associated with digital evidence gathering. Just last year, US law enforcement made over 130,000 requests for digital evidence to just six tech companies - Google, Facebook, Microsoft, Twitter, and Oath. These requests to internet service providers have not gone smoothly, as law enforcement is often not suited to accommodate such technical requests or simply do not know what they are looking for. Service providers, in turn, ...
Sep 10, 2018•24 min•Ep. 236
The FCC welcomed Comments on how to interpret what an Automatic Telephone Dialing Systems(ATDS) is under the TCPA, which targets telephone solicitations that rely upon equipment that have the capacity to store or produce numbers using a random or sequential number generator, and to dial those numbers without human intervention. This comes after the ACC International v. FCC ruling where the FCC’s interpretation of an ATDS in its’ 2015 Declaratory Ruling and Order was held as overly broad. That in...
Aug 06, 2018•20 min•Ep. 235
Since Donald Trump announced Brett Kavanaugh as his pick to replace Justice Anthony Kennedy on the Supreme Court, both his supporters and opponents have argued aggressively over his fitness for the role. But where does Kavanaugh stand on digital privacy, telecom regulation and other critical tech issues? Ash and Berin dig into Kavanaugh’s previous decisions to try to evaluate what we can expect if he is confirmed.
Jul 30, 2018•36 min•Ep. 234
According to a recent survey from the Bureau of Labor Statistics, there are fewer independent contractors working in the US now than there were in 2005. Does this mean that the end of the sharing economy is near? Jared Meyer, Senior Fellow at the Foundation for Government Accountability, joins the show to discuss the serious flaws in the survey’s methodology that led to a serious under-counting of independent contractors. For more, see his article in Reason , and his testimony before the House S...
Jul 23, 2018•21 min•Ep. 233
According to leaked documents in January, a senior official from the National Security Council in the White House had suggested to build a national 5G network and have it under state control for national security reasons. Reaction from Trump appointed Chairman of the Federal Communications Commission Ajit Pai was very strong, he stated that “any federal effort to construct a nationalized 5G network would be a costly and counterproductive distraction” from winning the global 5G race. There haven’...
Jul 16, 2018•22 min•Ep. 232
This episode is a preview of the Internet Governance Forum USA 2018. IGF USA will take place on July 27, 2018 at the Center for Strategic and International Studies located at 1616 Rhode Island Ave NW, Washington, DC 20036. Ashkhen is joined by Shane Tews, President of Logan Circle Strategies, visiting fellow at the American Enterprise Institute and Steve DelBianco, President and CEO of NetChoice. To find out more visit the Forum’s website and Wiki . You can register for IGF here ....
Jul 09, 2018•30 min•Ep. 231
The Federal Communications Commission has put forward an NPRM to reexamine the so-called “KidVid” requirements, which put obligations on broadcasters for a very specific amount and place for children’s educational and informational broadcasting. Is KidVid is a classic example of a well-intentioned policy gone awry and resulting in less quality children's programming on TV, the exact opposite of the law’s intent? We are joined by the Federal Communications Commissioner Michael O’Rielly to discuss...
Jun 21, 2018•16 min•Ep. 230
Since the Federal Trade Commission began bringing data security enforcement actions in 2002, no court had ruled on the substantive merits of the FTC’s approach. A panel of three Eleventh Circuit judges decisively rejected the FTC’s use of broad, vague consent decrees, in the LabMD v Federal Trade Commission ruling that the Commission may only bar specific practices, and cannot require a company “to overhaul and replace its data-security program to meet an indeterminable standard of reasonablenes...
Jun 08, 2018•31 min•Ep. 229
The FBI has been a vocal critic of the spread of encryption, often citing the nearly 8,000 devices connected to crimes that were inaccessible to law enforcement last year as evidence that increased device security represents a major threat to law enforcement. But a recent Washington Post article revealed that this number was seriously inflated due to “programming error,” with the real value estimated at around 1,200. Robyn Greene , the policy counsel and government affairs lead for the Open Tech...
Jun 04, 2018•20 min•Ep. 228
While sharing economy business models have revolutionized transportation in many ways, the aviation industry has been a notable exception, thanks to outdated regulations that stifle such behavior. However, the Aviation Empowerment Act, introduced by Sen. Mike Lee, attempts to change that by updating and clarifying FAA rules that have held back innovation. To discuss what this bill means for the future of aviation, we’re joined by Chris Koopman, Senior Director of Strategy and Research for the Ce...
May 28, 2018•28 min•Ep. 227
In recent hearings, congressional Republicans have accused social media platforms like Facebook and YouTube of stifling conservative content. Some, such as Sen. Ted Cruz, have called for a “Fairness Doctrine” for the Internet. Cruz reasoned that “in order to be protected by Section 230, companies like Facebook should be ‘neutral public forums.’ But would this policy approach, which failed to encourage ideological diversity in broadcasting, work any better when applied to the Internet? How might ...
May 21, 2018•38 min•Ep. 226
WHOIS, the system used for querying databases of information on domain name registrations and IP addresses, has been a vital tool for journalists, security researchers and law enforcement in identifying and tracking spammers, phishers, identity thieves and other cybercriminals. However, when the EU’s General Data Protection Regulation takes effect on May 25, the service will heavily limited or possibly shut down completely in order to comply with privacy requirements. How will this impact cybers...
May 14, 2018•25 min•Ep. 225
The growing pace of technological innovation means both regulators and established industries are finding it increasingly harder to keep up. How do companies adapt (or fail to adapt) to new disruptions in their industries? How can regulators address new technology without causing harmful unintended consequences? Author Larry Downes joins the show to discuss. For more, see Larry’s books The Laws of Disruption and Big Bang Disruption , and his recent article in the Harvard Business Review ....
Apr 23, 2018•27 min•Ep. 224
President Donald Trump has been vocal to criticize those he deems political opponents. However, these criticisms often extend to threats of legal action, particularly against the Jeff Bezos-owned Washington Post and Amazon. Trump has set aside decades of precedent and involved himself directly in a number of enforcement actions, often in ways that would benefit him or his political allies. How lawful is this kind of intervention? And how can the rest of the government resist inappropriate politi...
Apr 16, 2018•29 min•Ep. 223
In recent decades, Congress has struggled to enact laws that keep up with the breakneck pace technological innovation. This pace shows no signs of slowing, and with major implications for healthcare, transportation, privacy and other key social and economic issues, it’s more important than ever for Congress to be properly informed on tech issues. We’re joined by the R Street Institute’s Zach Graves and Kevin Kosar, who argue in their recent paper “ Bring in the Nerds, ” that reviving the Office ...
Apr 09, 2018•23 min•Ep. 222
Earlier this month, IEE Spectrum broke the story that Silicon Valley startup Swarm Technologies had launched several experimental satellites through the commercial arm of India’s space agency, despite being denied authorization by the FCC. The case illustrates the complexity of the licensing process for satellites, both in the US and internationally. Space lawyer Jim Dunstan joins the show to discuss the ramifications of this launch, and how the process could be improved. For more, see part 1 , ...
Apr 03, 2018•32 min•Ep. 221
The Food and Drug Administration’s 2016 Deeming Rule classified e-cigarettes and other vaping materials as tobacco products and imposed strict regulations on what vaping entrepreneurs can say to their customers, even though advocates say these technologies can reduce the harm from smoking and help some smokers quit entirely. In response, the Pacific Legal Foundation (PLF) is taking FDA officials to court on behalf of small business owners on the grounds that the rules violate free speech and wer...
Mar 26, 2018•21 min•Ep. 220
On International Women’s Day, we’re highlighting the stories of several incredibly talented women in tech policy. They discuss what brought them to tech policy, and what drives them on this career path. Featured in this episode are: Gigi Sohn , a Distinguished Fellow at the Georgetown Law Institute for Technology Law & Policy and Mozilla Policy Fellow; Michelle Richardson , Deputy Director of the Center for Democracy and Technology's Freedom, Security, and Technology Project; Dr. Betsy Coope...
Mar 08, 2018•31 min•Ep. 219
Tomorrow the House of Representatives will vote on the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA). However, the bill to be voted on includes an amendment that merges it with the drastically different Senate counterpart bill. What the bill gets right, and what does it get wrong? How is Congress likely to resolve the conflicts between the two version? And most importantly, how will this legislation affect victims of sex trafficking? Eric Goldman, professor at Santa Clara ...
Feb 26, 2018•34 min•Ep. 218
The world in 2018 is interconnected. Cybersecurity threats are widespread — even at the 2018 Winter Olympics. As we recorded this episode in January, our guest warned us of potential cybersecurity attacks. And just last week organizers in Pyeongchang confirmed that a cyberattack crippled important IT systems , bringing down display monitors, Wi-Fi and the Olympics website just ahead of the opening ceremony. Government, private and corporate data is constantly under attack from bad actors like th...
Feb 15, 2018•25 min•Ep. 217
The controversial memo prepared by Rep. Nunes (R-CA) hasn’t left the newscycle since its release on February 2. Berin recorded this special episode from the Bay Area and is joined by Jennifer Granick, the “ NBA All-Star of surveillance law ,” and the Surveillance and Cybersecurity Counsel at the ACLU’s Speech, Privacy, and Technology Project. Jennifer breaks down FISA, the authority that allowed collection of the information used in the memo, and the intricacies of the infamous memo....
Feb 07, 2018•38 min•Ep. 216
The effort to overturn FCC’s Restoring Internet Freedom Order already has 50 Senators signed onto the Congressional Review Act - a vehicle chosen by Senate Democrats in attempt to bring back Obara-era net neutrality regulations. To break down what a CRA is and the prospects of its passage we have invited the leading experts in the field: Gigi Sohn - a Distinguished Fellow at the Georgetown Law Institute for Technology Law & Policy, a Mozilla Fellow, Counselor to the Former FCC Chairman Wheel...
Feb 07, 2018•44 min•Ep. 215
Recently Facebook has unveiled multiple planned changes to its newsfeed. Now we will see more content from our friends and fewer posts from news sites and businesses. They also hand checking the credibility of news organizations by users and the wider Facebook community. This has likely been done in response to the harsh criticism of the information dissemination that happened before the 2016 Presidential election. Facebook and other platforms that host third party content are often called “info...
Jan 29, 2018•23 min•Ep. 214
While some may have started 2018 with a resolution to quit smoking, statistics say many will fail . In this episode we explore harm reduction as a path to achieving smoke free future and discuss the UK's Royal College of Physicians, one of the first researchers to raise the alarm on the dangers of smoking, has released a report underlining that e-cigarettes are 95% safer than their combustible counterparts. To give us a 101 on harm reduction, vaping and e-cigarettes we invited Carrie Wade , Dire...
Jan 23, 2018•17 min•Ep. 213
On our new episode we are joined by Jared Meyer, Senior Fellow at the Foundation for Government Accountability to discuss changes that executive and legislative branch made in regards to the definitions of “contractor” and “employer” and how that’s going to affect the sharing economy. For more on the topic, read Jared’s op-ed in Forbes and follow him on Twitter....
Jan 12, 2018•18 min•Ep. 212
Four years after the Snowden disclosures, Congress continues to wrestle with surveillance issues. These include an ongoing reform battle over Section 702 of the Foreign Intelligence Surveillance Act—a major intelligence surveillance law that targets foreigners but can result in warrantless spying on people in the US. Despite the size of the programs the government conducts under Section 702, and the fact that the FBI currently can query Section 702 data without a warrant, the government has prov...
Jan 05, 2018•29 min•Ep. 211
Have you ever assessed many ways your government spies on you? There is a crucial government surveillance authority up for reauthorization before December 31. We will talk about potential avenues for that reform and do “a surveillance year in review” with Michelle Richardson, Deputy Director of the Center for Democracy and Technology's Freedom, Security, and Technology Project, Senior Fellow at GW’s Center for Cyber and Homeland Security.
Dec 20, 2017•32 min•Ep. 210
As the vote on Net Neutrality approaches this Thursday, December 14th, FCC Commissioner Brendan Carr joins the show to explain why he plans to vote for Chairman Pai’s controversial proposal, “Restoring Internet Freedom.” To learn more read Carr’s op-ed in The Washington Post. The Commissioner also shares some of his 2018 plans with us, including taking the lead on the wireless agenda....
Dec 13, 2017•19 min•Ep. 209
