When we talk about Uber and ride-sharing on this show, it's usually about regulatory battles. Today, we’re not talking about restricting or banning Uber — quite the opposite. Far from banning these platforms, some local governments are looking to subsidize ride-sharing. As cities like Washington, DC struggle with public transit, is subsidizing Uber a good alternative? Or, is this simply more intrusion by government in otherwise well-functioning markets? Jared Meyer, research fellow at the Manhat...
Aug 25, 2016•17 min•Ep. 117
What happens when the FBI wants to spy on journalists? This summer, The Intercept obtained classified rules revealing a largely unrestrained procedure for obtaining journalists’ call information using national security letters. Cora Currier, the reporter who broke the story for The Intercept, joins the show to discuss. What impact does FBI spying have on journalism? Is there a chilling effect on free speech? What reforms could strike a proper balance between civil liberties and law enforcement n...
Aug 22, 2016•22 min•Ep. 116
The Federal Election Commission has long taken a light-touch approach to regulating online speech. But two recent cases involving livestreaming and filming political debate resulted in split, 3-3 votes along party lines. Is digital free speech in danger? FEC Commissioner Lee Goodman joins the show to discuss. Listen to part 1 of our series on digital free speech here .
Aug 19, 2016•28 min•Ep. 115
This summer, the United Kingdom voted to leave the European Union. Most of the fallout focused on the stock market and value of the pound, but what does “Brexit” mean for technology? Is the UK now less attractive to startups? Will Frankfurt be the new London? How will Brexit impact negotiations over cross-border data flows and the so-called “Privacy Shield” agreement? What does it mean for surveillance policy. Will Rinehart, Director of Technology and Innovation Policy at the American Action For...
Aug 18, 2016•25 min•Ep. 114
Cars these days often come with mobile data connections and entertainment systems. But as we move toward autonomous vehicles and car-to-car communications, the “Internet of Cars” will be much more sophisticated and technical. While self-driving cars pose many benefits, they also raise concerns over cybersecurity and privacy. What are the risks, and how can manufacturers and regulators strike a balance that protects consumers without stifling innovation? Beau Woods, Deputy Director of the Cyber S...
Aug 15, 2016•25 min•Ep. 113
Most people are familiar with Wikipedia, but there's a lot more to "open data" than the convenience of checking how tall your favorite Olympic athlete is. Open databases can play a key role in supporting research and innovation, but they also raise questions about intellectual property and fair compensation for creators. How are databases like Wikidata regulated in Europe, and how does that approach differ from the U.S.? Julia Schuetze, a Euromasters student and tech strategist at Wikimedia Germ...
Aug 12, 2016•26 min•Ep. 112
Is Verizon moving away from broadband and fiber deployment? Earlier this month, the company filed an ex parte with the FCC indicating support for price regulation on business broadband. Bruce Mehlman, Co-Chairman of the Internet Innovation Alliance, argued in a recent article that the telecom giant’s ex parte represents a significant departure from its past positions. Why the sudden change? Is price regulation making capital investment less attractive? What can the FCC do to encourage new infras...
Aug 10, 2016•19 min•Ep. 111
Is the FDA putting e-cigs and vapor products out of business? Yesterday, the FDA’s “Deeming Rules” took effect. The rules will force e-cig manufacturers to undergo an expensive and time-consuming approval process unless their products were on the market — or very similar to products on the market — prior to the “predicate date” of February 15, 2007, long before modern e-cigs were introduced. If e-cigs are helping people quit harmful tobacco cigarettes, why is the FDA doing this? How will this im...
Aug 09, 2016•23 min•Ep. 110
What’s next in the litigation over Title II and the FCC’s “net neutrality” rules? In June, the FCC scored a victory when the D.C. Circuit Court of Appeals upheld its Open Internet Order, which reclassified broadband as a common carrier service. While the agency won the first round, TechFreedom and tech entrepreneurs are hoping to overturn the ruling through appeal. Last Friday, they filed a motion for the D.C. Circuit to re-hear the case. If that fails, is it the end of the line? Or, will the Su...
Aug 04, 2016•30 min•Ep. 109
While most people associate the structure of the Internet with major companies like AT&T and Comcast, the reality is that small and medium-sized business play a major role. Evan is joined by Christian Dawson, Executive Director of the Internet Infrastructure Coalition, to discuss how small businesses helped build the Internet, and how their role can be threatened by regulation.
Aug 01, 2016•30 min•Ep. 108
Can a US warrant compel Microsoft to give the Justice Department customer data stored in Ireland? The Obama administration thought so, but last week, the Second U.S. Circuit Court of Appeals decided in favor of Microsoft’s challenge of such a warrant. Evan is joined by Greg Nojeim, Director of the Freedom, Security and Technology Project at the Center for Democracy & Technology to discuss the case. What does the decision mean for email privacy? What alternatives does the U.S. government have...
Jul 27, 2016•25 min•Ep. 107
Political speech has flourished on the Internet, thanks in large part to the First Amendment and a lack of regulation from the Federal Elections Commission (FEC). But is the longstanding “Hands Off the Net” consensus in danger? Evan is joined by FEC Commissioner Lee Goodman to discuss how digital political speech is currently regulated and what threats exist for digital speech. A couple highlights: Goodman: “We can either recognize and embrace free speech on the internet and its wholly construct...
Jul 25, 2016•43 min•Ep. 106
While Trump hasn’t said much specifically about tech policy, the GOP platform does, believe it or not, have a tech section. There’s plenty to like, plenty to dislike, and plenty to scratch your head at. Is Obama really throwing the Internet to the wolves? Has the GOP changed its mind about net neutrality? Can encryption be both good and bad at the same time? Without further ado, here’s TechFreedom’s guide to the 2016 GOP Tech Platform. For more, see here....
Jul 22, 2016•40 min•Ep. 105
The GOP’s 2016 platform says that Obama “threw the internet to the wolves, and they — Russia, China, Iran, and others — are ready to devour it.” Well, that’s a little harsh, but there are serious concerns about the United States transferring control of the Internet’s domain name system to an international, multi-stakeholder body: the so-called “IANA transition.” Is the transition a good idea? Does the plan have the safeguards needed to protect free speech, ecommerce, and the hallmarks of an open...
Jul 20, 2016•39 min•Ep. 104
Is encryption really a problem for law enforcement? If so, what’s the solution? In recent months, the FBI has faced legal pushback over its use of hacking to obtain evidence. What do these legal challenges mean for the future of law enforcement hacking? Evan is joined by Adam Klein, Visiting Fellow at the Center for a New American Security and International Affairs Fellow at the Council on Foreign Relations. They discuss the FBI’s legal woes and whether “legal hacking” is the future of the crypt...
Jul 18, 2016•26 min•Ep. 103
Imagine a broadband network that's smart. It teaches itself. It repairs itself. And maybe, it's even self-aware. No, we're not talking about Skynet, but software-defined networking (SDN) has the potential to completely transform our Internet infrastructure. Since the birth of the commercial Internet, network upgrades, modifications, and repairs almost always involved on-the-ground engineers and technicians making changes. But companies are already working on virtualizing those functions. Soon en...
Jul 15, 2016•31 min•Ep. 102
Should the FBI need a warrant to look at your browser history? What about other records about how you use the Internet? Recently, Sens. John McCain (R-AZ) and John Cornyn (R-TX) proposed an amendment dubbed the “ECTR fix” that would allow the FBI to access electronic communication transactional records, such as email metadata, without a court order. Evan is joined by Jadzia Butler and Gabe Rottman of the Center for Democracy & Technology. Is the ECTR fix really just about correcting a typo? ...
Jul 12, 2016•29 min•Ep. 101
When it comes to the Internet of Things — think connected cars and coffee makers — is there a role for government? If so, what should that be? Increased interconnectivity has the potential to transform our economy, but it also poses serious questions around cybersecurity and interoperability. Evan is joined by Joshua New, a policy analyst at the Center for Data Innovation. They discuss government’s role in the Internet of Things and how regulation can be effective without hindering innovation. F...
Jul 08, 2016•21 min•Ep. 100
Here's to 100 episodes! Evan and Berin discuss their big milestone, their recent travels to Europe, and fallout from the court decision on net neutrality. Are the FCC's regulations now written in stone? Is there any hope for an appeal? What can Americans learn from Europe's approach to net neutrality? Will the podcast finally get cancelled? Will Berin finally fire Evan? All that and more on today's special episode.
Jul 05, 2016•45 min•Ep. 99
Who should set the price of broadband? Businesses, or the government? While the FCC doesn’t (yet) regulate the price of your home Internet connection, the agency isn’t so hands-off when it comes to business broadband. Now the agency is looking to extend monopoly-era copper price regulations to next-gen fiber and cable services. Why? The FCC says there isn’t enough competition in the market. Our guest disagrees. Bruce Mehlman, co-chairman of the Internet Innovation Alliance, joins to discuss. Is ...
Jun 29, 2016•20 min•Ep. 98
Given the success of tech in the sharing economy, you might be asking yourself: why don’t we have Uber for planes? Well, we might have, but the Federal Aviation Administration banned Flytenow and other flight-sharing websites. Ironically, it’s perfectly legal to share empty seats on a plane through word of mouth or posting on a bulletin board, but as soon as the Internet gets involved, the FAA says no. What’s going on here? Jared Meyer, research fellow at the Manhattan Institute and author of Ub...
Jun 24, 2016•20 min•Ep. 97
With recent budget cuts to NASA, exploration of the final frontier has increasingly fallen to the private sector. But what kind of regulatory environment are commercial spaceflight companies facing? Evan is joined by Aaron Oesterle and Cody Knipfer of the Space Frontier Foundation. They discuss the past, present, and future of space regulation. What are the challenges facing the industry? What role does Russia play?
Jun 22, 2016•34 min•Ep. 96
When we talk about hotels and the sharing economy, it’s usually about the hotel industry’s war against Airbnb, HomeAway, and other home-sharing sites. But today, we’re talking about the good news story of Recharge, a tech company that enables consumers to rent hotel rooms for a few hours, or even a few minutes. What’s behind this latest innovation in what otherwise looks like a stagnant industry. Jared Meyer, research fellow at the Manhattan Institute and author of Uber Positive: Why Americans L...
Jun 20, 2016•15 min•Ep. 95
With all the headlines around cyber attacks, there’s a lot of confusion and myths surrounding data security. Sometimes, the simplest explanation is the right one, and cybersecurity isn’t always as complicated as it seems. Human error and physical-world problems play a large role, and not all cyber attacks are created equal. Joining Evan to bust through some common myths is Taylor Barkley , Assistant Director of Outreach for Tech Policy at the Mercatus Center. Does cybersecurity really start with...
Jun 15, 2016•22 min•Ep. 94
Email privacy reform passed unanimously in the House, but the Email Privacy Act has hit a snag in the Senate. Though the bill’s core mission — requiring warrants before law enforcement can access Americans’ online communications — is largely uncontroversial, some Senators are pushing an exception that would allow law enforcement to bypass warrant requirements in an emergency. Evan is joined by Jim Trainum, former police officer and co-chair of the Constitution Project’s Policing Reform Committee...
Jun 09, 2016•20 min•Ep. 93
Digital activism is often little more than trending hashtags and caps-locked arguments that devolve into Hitler comparisons, but a new company is hoping to take advantage of the connective power of the internet to form effective, local groups around specific issues. Evan is joined by Clearvoter Founder Michelle Ray to discuss how her organization plans to turn slacktivism into activism.
Jun 07, 2016•21 min•Ep. 92
If you get hacked, should the government hack back? Recent efforts have been made to fight the use of illegal botnets, but many privacy advocates are concerned that these policies will excessively expand government hacking powers and impede legitimate security research. Evan is joined by Drew Mitnick , policy counsel for Access Now, to discuss the proposals. Can government fight illegal botnets without harming privacy? Should government need your permission to hack on your behalf?...
Jun 06, 2016•21 min•Ep. 91
Tech policy has gotten scant attention in the 2016 election, but Uber and the sharing economy are starting to break through. While Trump hasn’t said much, if anything, about ride sharing, erstwhile Republican candidates like Marco Rubio, Jeb Bush, and Carly Fiorina spoke favorably about the on-demand economy and urged government to largely stay out of the way. If the GOP is generally pro-Uber, are Democrats less uniform in their approach? How do Sanders and Clinton feel about the sharing economy...
Jun 02, 2016•22 min•Ep. 90
The media and advertising markets are more competitive than ever, and it’s been awhile since radio, TV stations, and newspapers were the only games in town. As competition from the Internet is ever increasing, traditional media must adapt. Joint sales agreements (JSAs) allow two broadcast stations to have the same advertising sales force, which can increase efficiency and cuts costs. But the FCC’s media ownership rules have long restricted JSAs and other business practices like having radio and ...
May 31, 2016•26 min•Ep. 89
There are two kinds of states: those that recognize home sharing, and those that pretend it isn’t happening. While regulations that provide a framework and certainty for an industry can actually be good companies like Airbnb and HomeAway, the devil is always in the details. Recently, Arizona passed a law on home sharing, and Carl Szabo , Policy Counsel for NetChoice, says other states should follow the Grand Canyon State’s example. Carl and Evan discuss the bill and how it differs from approache...
May 26, 2016•24 min•Ep. 88
