How are states handling the controversial issue of regulating daily fantasy sports, including companies like DraftKings and FanDuel? As the industry has exploded in popularity, state lawmakers, attorneys general, and gaming commissions have taken different approaches. While some states have enacted outright bans, others are grappling with how to regulate a relatively new industry that claims its products are skill-based rather than games of chance. Chris Koopman , research fellow at the Mercatus...
May 25, 2016•27 min•Ep. 87
If you’re looking for a nuanced, thoughtful debate on government surveillance, you probably won’t find it in Congress. But look no further than American high schools. Jenna McLaughlin , a national security and surveillance reporter for The Intercept, immersed herself in a major high school debate competition. She found the arguments to be much more substantive and scrutinized than the claims about surveillance made in the halls of Congress. She and Evan discuss her feature article , high schoole...
May 24, 2016•16 min•Ep. 86
Spokeo is a search engine for people. But unlike your phone book, Spokeo claims to glean its information from public databases, such as social media profiles. So when the site allegedly posted false info about Thomas Robins, he sued. On May 16, the Supreme Court issued its decision in Spokeo v. Robins, the latest in a line of cases where the Court tries to flesh out when a plaintiff is allowed to sue in federal courts — that is, whether the plaintiff has "standing." Evan is joined by Adam J. Whi...
May 23, 2016•25 min•Ep. 85
In the “Golden Age of Surveillance,” are limits on government data collection really enough to protect privacy? Is mass surveillance inevitable? In the past, there was a “wall” between intelligence agencies and law enforcement. This separation protected Americans from being prosecuted for crimes unrelated to national security with information swept up in intelligence operations. But, in a post-9/11 world, government is increasingly blurring the lines between the NSA and your local police departm...
May 20, 2016•21 min•Ep. 84
WhatsApp has over a billion users worldwide, and the Facebook-owned encrypted messaging app is particularly popular in Brazil, where it’s used by 93% of Internet users. Earlier this month, a Brazilian court shut down the app across the country after the company failed to comply with a court order demanding data related to a drug trafficking investigation. Evan is joined by Javier Pallero , policy analyst in Latin America for Access Now, and his American counterpart, Amie Stepanovich . They discu...
May 19, 2016•21 min•Ep. 83
News broke yesterday that Google will soon face a 3 billion euro fine from the European Commission after 6 years of antitrust investigations from EU regulators. In the past, the EC has accused Google of unfairly promoting its own services in search results at the expense of its competitors. Now, regulators are complaining that Google requires smartphone manufacturers to make Google search the default and pre-install Google apps on phones running its Android operating system. Evan and Berin discu...
May 17, 2016•29 min•Ep. 82
The European Union (EU) is an interesting case for tech policy. While individual member states get direction from Brussels, where the EU is headquartered, they also create policies within their own borders. Should technology regulations be harmonized across the EU to create a “Digital Single Market?” Or should EU nations compete over crafting the best policies and attracting the most startups and investment? What can the US learn from this dynamic? Evan is joined by Dominique Lazanski, Public Po...
May 16, 2016•25 min•Ep. 81
The Internet is getting smarter. And as the way we use the Internet is changing, the way we manage its traffic must change too. Evan and AEI Economics Research Associate Evelyn Smith discuss software-defined networking (SDN), it's benefits, and policy implications. How does SDN compare to road traffic? Does net neutrality make broadband “dumb?” For more, see Evelyn's post in Tech Policy Corner ....
May 13, 2016•22 min•Ep. 80
FCC Commissioner Ajit Pai joins the show to discuss his dissenting vote in the FCC’s approval of the Charter-Time Warner merger. Late last month, the FCC and Department of Justice (DoJ) approved the merger of the sixth and third biggest broadband providers in America. And even though the DoJ determined that the merger will benefit consumers without harming competition, the FCC extorted a series of onerous conditions from the two companies in its review process. For that reason, Republican FCC Co...
May 12, 2016•26 min•Ep. 79
Uber and Lyft have ceased operations in Austin, TX following a failed vote on a referendum to overturn regulations adopted in December by the city council. The regulations restricted where passengers could be picked up and dropped off, required ride-sharing cars to be clearly labeled with company logos, and mandated data reporting and fingerprint background checks. What does this mean for the future of ride-sharing in Austin? Will other cities follow suit? Jared Meyer, a research fellow at the M...
May 12, 2016•22 min•Ep. 78
Should innovation require permission? Should entrepreneurs have to get government approval before experimenting with new products and business models? As technology has rapidly evolved over the last several decades, regulators have taken different approaches to creating and adapting rules to keep up. In his book Permissionless Innovation , Adam Thierer, senior research fellow with the Technology Policy Program at the Mercatus Center, examines the conflict between the two main visions for regulat...
May 10, 2016•28 min•Ep. 77
Is Facebook biased against conservatives? Gizmodo ran a story today based on interviews with former contractors for Facebook, who “curated” the otherwise-machine-generated “Trending Topics” next to the Newsfeed (the real heart of the Facebook experience). They allege that other “curators” implemented their own political bias in writing blurbs about trending stories, excluding conservative themes and publications, and injecting left-of-center stories. Gizmodo acknowledges that no one alleges Face...
May 10, 2016•23 min•Ep. 76
Taxi monopolies have clashed with ride-sharing companies like Uber and Lyft across the country. But what happens when the clash is between two taxi companies? Ken Leininger, founder of Ken’s Cab, found out the hard way. When he tried to operate his small cab company in Little Rock, AR, he found out that local law protected the city’s taxi monopoly from competition. He and the Institute for Justice (IJ) are suing the city. Evan is joined by Allison Daniel, an attorney for IJ. They discuss the cas...
May 06, 2016•20 min•Ep. 75
Has the War on Drugs become a war on phones? The Apple v. FBI saga made encryption a household issue, but while that case focused on counter-terrorism, the vast majority of law enforcement confrontations with the tech sector deal with drug investigations. Is the “going dark” problem really an issue of national security? Or is law enforcement just trying to solve more drug crimes by getting into locked phones? Evan and Eli Dourado, director of the Mercatus Center’s Technology Policy Program, disc...
May 05, 2016•20 min•Ep. 74
What role should telephone and other technology companies play in national security and surveillance? Who should be in charge of collecting and storing data about our phone calls? The NSA? Or the companies themselves? In a recent paper , Mieke Eoyang , VP of the National Security Program at Third Way, argues that the telecommunications industry should play a greater role in the shaping and enacting of surveillance policy. She and Evan discuss what that role should be and policy recommendations t...
May 04, 2016•23 min•Ep. 73
You may have seen this story in the news: a child runs up thousands of dollars worth of purchases on her parent’s Apple, Google, or Amazon app store account. In pretty much every case, the companies have been happy to refund the purchases when asked, as parents were clearly unaware of what their children were buying. Nonetheless, the FTC has taken enforcement action against all three companies. While Google and Apple settled, Amazon fought back. Late last month, a federal district court granted ...
May 03, 2016•26 min•Ep. 72
How does one regulate Bitcoin and other virtual currencies? This is question is puzzling many lawmakers and bureaucrats struggling to navigate a new, decentralized industry that’s still in its nascent stage. Isn’t the point of Bitcoin not to be regulated? And who would even have jurisdiction anyway? Evan is joined by Peter Van Valkenburgh, Director of Research at Coin Center, a think tank focused on cryptocurrency issues. They discuss the past, present, and future of Bitcoin regulation.
May 02, 2016•30 min•Ep. 71
Over the last few years, bitcoin and other virtual currencies have become increasingly viable alternatives to traditional money. Yet for most people, bitcoin is still a pretty obscure subject. What exactly is bitcoin? How does the blockchain work? Who’s in charge? Where does it derive its value? What does it mean to mine bitcoin? Evan is joined by Michael Bombace, TechFreedom adjunct fellow, who sheds some light on the world of cryptocurrency in today’s episode.
Apr 29, 2016•30 min•Ep. 70
As the demand for mobile data explodes, so does the need for spectrum holders to free up the airwaves for wireless carriers. While free, over-the-air television is still available using an antenna, Americans are much more likely to get their video through cable or Internet streaming. Last month, the FCC began its incentive auction of broadcast spectrum, whereby television stations sell spectrum to the government to then be sold to wireless carriers. Many broadcasters have voiced concerns that th...
Apr 28, 2016•27 min•Ep. 69
This week, the Department of Justice approved the merger of Charter and Time Warner Cable, the sixth and third biggest broadband providers in America. If the agency thinks the merger will benefit consumers without harming competition, why is the FCC attaching conditions to the deal? Is this consumer protection? Or regulation by extortion? Evan and Berin discuss. For more, see our statement ....
Apr 27, 2016•32 min•Ep. 68
Last week, Uber settled a class-action lawsuit alleging that the company misclassified its drivers as independent contractors rather than employees. While the settlement carries no legal precedent, it does mean that Uber can continue with its current business model while paying out up to $100 million to the plaintiffs — with $25 million alone going to attorney Shannon Liss-Riordan, who has sued several gig-economy companies. The rest will be split among roughly 385,000 drivers in California and ...
Apr 26, 2016•27 min•Ep. 67
The FCC wants to “unlock” the cable box. But shouldn’t the agency be helping to kill the box? The FCC recently proposed rules that would force cable, satellite, and telco video providers to make their programming accessible through third-party apps. Sure, it sounds great in theory, but the proposal poses serious concerns around privacy, piracy, and the way that independent and minority-owned programmers present their content. Moreover, the video industry is already moving away from clunky, costl...
Apr 25, 2016•31 min•Ep. 66
These days, it costs almost nothing to publish information online. So why isn’t more government information available to the public? Taxpayers spend $100 million a year on the Congressional Research Service (CRS), but only Congress gets to decide whether the research gets published. Is that fair? Should the CRS just put it all online? Evan is joined by Kevin Kosar, Senior Fellow at the R Street Institute and a supporter of legislation that would make all CRS reports public. Is there any potentia...
Apr 21, 2016•19 min•Ep. 65
Our national student debt is sittin’ pretty at $1.3 trillion, and the number is rising by $3,000 every second. Can technology help solve the problem of ballooning student debt? Evan is joined by Liz Wessel, CEO of WayUP , a company whose mission is to get every college student the job — or jobs — they need to pay off student debt and have a fruitful career. What makes WayUP different? How is technology impacting the policy debate over student debt? What does this have to do with labor laws on th...
Apr 20, 2016•19 min•Ep. 64
When the encryption debate is so often framed as “Apple v. FBI,” it’s easy to forget that digital security is a global issue. Nonetheless, how the United States decides to handle the issue will have an outsized impact on the rest of the world. Evan is joined by Amie Stepanovich , US policy manager at Access Now, an international civil society group dedicated to human rights in technology. She argues that we need global leadership on encryption, starting with the White House. What does President ...
Apr 19, 2016•24 min•Ep. 63
While the FCC chooses not to regulate the prices that consumers pay for residential broadband — for now — the same isn’t true for businesses. Special access services are dedicated connections used by businesses to transmit voice and data. The FCC regulates the price of special access lines to ensure they’re provided at “reasonable” rates and terms and conditions. The Commission is looking at updating these regulations, and a new study from Hal Singer , Senior Fellow at GW Institute for Public Po...
Apr 18, 2016•23 min•Ep. 62
Uber’s surge pricing has come under fire — and not just from drunk passengers who paid exorbitant fares for rides home on New Years’ Eve. A new lawsuit alleges that Uber CEO Travis Kalanick and anyone who signs up to drive for Uber is party to an illegal conspiracy to fix prices. Is surge pricing just a reflection of supply and demand and economics 101? Or is it something nefarious. Jared Meyer, a research fellow at the Manhattan Institute joins the show to discuss. For more, see his article in ...
Apr 15, 2016•19 min•Ep. 61
Before the last FCC monthly meeting, GOP Commissioners Pai and O’Rielly (previous guests of the show) struck a deal with Democrat Commissioner Mignon Clyburn on Lifeline. The Universal Service program subsidizes access to communications services for low-income Americans. This rare moment of bipartisanship at the politicized FCC would have extended Lifeline to cover broadband while capping its budget and rooting out fraud and abuse that have long plagued the program. At the 11th hour, Chairman To...
Apr 14, 2016•24 min•Ep. 60
Is email privacy finally happening? Will Congress finally protect the privacy of Americans’ emails? Will law enforcement finally be required to get a warrant before accessing the private files we store in the cloud? After six years, the House Judiciary Committee is finally marking up the Email Privacy Act — which has the support of over 70% of the House. But what will the Senate do? And what about geolocation data? Will we have to wait another six years for that? Evan and Berin discuss.
Apr 13, 2016•23 min•Ep. 59
FCC Commissioner Mike O’Rielly joins the show to discuss the Commission’s foray into privacy. What exactly does the FCC have to do with Internet privacy? Nothing — until recently. Before the agency reclassified broadband under telephone-style regulation in the name of “net neutrality,” the privacy practices of Internet service providers (ISPs) were regulated by the Federal Trade Commission — not the FCC. But, as former FTC Commissioner Joshua Wright noted , the FCC’s Title II reclassification of...
Apr 12, 2016•20 min•Ep. 58
