¶ Introduction
Hello, They're Happy Thursday. Welcome to another episode of the Chuck Podcast. Got a terrific guest today, the former chair of the FTC Federal Trade Commission, Lena kah is going to join me for a conversation about sort of consumer protection in the age of in this age of AI big tech corporate consolidation, the fact that she was one of the few Biden appointees that had a fan base
on the right as well as on the left. And I hope it's both one part education about what exactly the FTC should and can do, and one part sort of warning, if you will, about about the things that the government should be doing but hasn't been able to do. I of course believe we're in a moment here not dissimilar to the moment Teddy Roosevelt face miss the original Trustbuster, if you will, And we're in a similar period, right, the rise of the robber barons, the rise of the prologarts.
So I really have been looking forward to this interview. I enjoyed it. I hope you will too. But before we get to it, this was kind of Look, we have plenty of days where we say wow, this was kind of a crazy day. In the Trump era. And you know, if you just's you could probably say about
¶ Seemed like Trump would fire Jay Powell to distract from Epstein
half the days, you could say this is kind of a crazy day in the Trump era. But we were felt as if the morning began. I'm speaking to you now it's Wednesday evening on July sixteenth, but this day began on Wednesday, July sixteenth, where we thought we were about to cover a story. Is the President of the United States going to fire the chairman of the Federal Reserve as a way to turn the page on the Jeffrey Epstein scandal. And that's exactly what it seemed to
be what was building. There was a leak of this meeting that he had, and I've been in the room when Donald Trump has shown letters. Look, I've got a firing letter. I had a bizarre heads up about his indecision to fire people at one point and had an interesting off the record with him before a firing when he was asking for the opinions. You know, I've come up with this letter saying I'm going to fire so and so and so. He did it. This is not a new thing for him. This is sort of how
he operates. He'll get somebody will put me, get me a release, give me a letter, I'm going to fire somebody. So apparently you had this letter together. Whether he's going to fire Jerome Powell. Clearly they've and I told you about this on Monday. I said, this is a story that should be getting more attention, And boy did it start getting attention, because it was clear something was afoot where in order to get around the question about whether the President had the power to fire the chairman of
the Federal Reserve. I couldn't fire him over a policy dispute. That was pretty clear. The Supreme Court seemed to make that clear to him, even as they've given him a green light to fire, to have a more executive authority on to hire and fire. The loophole they were developing was all about, well, he's overseeing this renovation of the
Federal Reserves headquarters in Washington. There are cost overruns, and the president did they believe they did have the legal authority to fire him early on that so it looked like they were manufacturing this authority. Well, of course, what did the market. The markets had something to say to him.
¶ Markets reacted badly to potential firing of Powell
The markets started awfully on Wednesday morning, and then of course by noon he's backed off. But it does feel as if you can't help but wonder. And I'm going to use the words of my friendly and Caldwell over at PAK where she said many Republicans she was talking to over the past few days had predicted that Trump was going to do something pretty dramatic in order to distract from and that the anti Powell letter that he produced was part of that idea that maybe feeding that
to his base could distract him. But I think he's finding out now that this story is not not going
¶ Trump attacks his own supporters over Epstein
away at all, and he decided to light the fuse, right, and the fuse that he lit is he attacked his own supporters on this story, and he attacked them in a way that I've always wondered what happens. He attacked him in a way frankly that mainstream media and the left has attacked his supporters at time, like you guys are idiots. You're being duked, and that is usually not
a good way. You know, nobody is going when you tell somebody they've been duped, Right, there's an expression it is easier to con somebody than it is to convince somebody they've been conned. Well, here's what he wrote. This
is this morning is truth. So the radical left Democrats have hit payder again, just like the fake and fully credited Steele docia, the lying fifty one intelligence agents, the Laptop from Hell, which the Dems swore had come from Russia, No, it came from Hunter Biden's bathroom, and even the Russia Russia Russia scam itself, a totally fake and made up story used in order to hide crooked Hillary Clinton's big loss in the twenty sixteen election. These scams and hoaxes
are all the Democrats are good at. They are no good at governing. Also, unlike Republicans, they stick together like glu Actually that's not true. I'm going to have a little comment about that with Hunter Biden, and I don't they got a Biden agrees with them on that. Their new scam, he writes, is what we will forever call the Jeffrey Epstein hoax. And my past supporters have brought
into this bullshit, hook line and sinker. They haven't learned their lesson and probably never will, even after being conned by the lunatic left for eight long years. Actually, his supporters weren't cone by the left because they've stuck by him. But anyway, but I digress. I've had more success than six months than perhaps any president in our country's history. And all these people want to talk about with strong prodding by the fake news, and the success star of
Dems is the Jeff free Epstein hoax. Let these weaklings continue forward and do the Democrats work. Don't even think about talking of our incredible and unprecedented success because I don't want their support anymore. Thank you for your attention to this matter. Make America great again. Well to say
¶ "Hoax" is Trumpspeak for not having a good explanation
that that went down that that didn't go down well with his supporters is an understatement. And look, he is behaving. What's interesting here The word hoax is an incredibly important word that he used here because hoax is the word that he always attached to Russia, and hoax is in some ways, you know, I would say it's Trump speak for I have no other explanations for my weird behavior. Right.
You know, one of the hallmarks of the twenty sixteen Russia scandal was it was it was clear Russia was infiltrating, you know, was trying to you know, manipulate our our political conversation or discourse, or I mean that's been proven. Right, the Justice Department charged a group out of Russia. Sanctions were had like this is this is not in dispute.
Marco Rubio signed on to an investigation. The current Secretary of State for Donald Trump signed on to an investigation by the Senate that also, that is not in dispute. The Russian government wanted to get involved, disrupted our election in any way they thought they could, and yes, they
had a preference, and their preference they wanted Trump, not Clint. Now, of course, what's in dispute was whether the Trump campaign was colluding with the Russians to do this, or whether they were just happily accepting the help the way you might accept help from a surrogate or a labor union or some other outside group, no different than the Koch brothers paying for advertising to help the Republican ticket. This was just, oh, the enemy of my enemy is my
ally and Trump's. But it was Trump's person behavior about
¶ Trump's behavior is creating more suspicion
it that actually brought on more suspicion, and in fact, there's something very similar is happening here. John chap who's now The Atlantic, formerly of New York Magazine. He writes this se because sometimes people sound guilty even if they aren't, especially if their government officials still, whatever probability you had in your mind that the Epstein files contained damaging material, you should probably raise it after listening to Trump's remarks
on the subject. And that's the thing, right, It's the same thing that happened with the Russian investigation. The more he said things like, hey, Russia, if you're listening, you know, the more he would talk about how much he loved the wiki leagues and how much he seemed his campaign appeared to be at least either really nimble for when there were new wikileague releases or sometime Hoow got a
heads up and look like they were coordinating. Now, perhaps they just it was Julianasan who was very helpful to the Trump campaign, and it had nothing to do with the Russians. I think there's a lot of I think it is a reasonable conclusion that Trump didn't collude with the Russians. But at the same time, he didn't mind
getting their help. Uh, and a lot of a lot of folks didn't mind it, and didn't certainly didn't tell them to stop, and certainly didn't you know, there was one of the great uh, one of the weirder scandal near scandals of the two thousand election. I'm gonna do a little diversionary history lesson here Al Gore, George W. Bush.
Al Gore gets mailed a videotape of George W. Bush's debate prep and they don't understand and it clearly came from some staffer, uh in, you know, the Bush's media consultants. Mark McKinnon's firm had never really worked with Republicans before working with with with Bush. So there was some speculation that there was some sort of cranky Democratic staffers working on behalf of McKennon and Bush that may have may
have done this. Well, the Gore campaign was petrified, thought they were being framed, and they went directly to the FBI right and it basically became a nothing burger. Donald Trump didn't actually go, you know whatever, they knew what the Russians were, They didn't go running to the FBI going, hey, look we are worried the Russians are doing this. You know, John McCain and Barack Obama's campaign were hacked in eight and they took that dispute and they made sure law
enforcement knew before it ever went public. So my point is is that it's pretty clear Donald Trump had no interest in alerting law enforcement, had that something that was benefiting their campaign. But hey, this isn't on the up and up. That ain't the way Donald Trump acts, thanks behaves, et cetera. So my point is that I think it's certainly plausible that two things can be true at the
same time. Right, And of course, you know, Trump the advantage of the Steele dosia at the time is what Trump was so successful at doing is if you can discredit the steel dosier, you know, then it makes it easier to discredit everything else. And then still does say there was enough there that they could plausibly discredit the story of Michael Cohen going to the Prague and the whole you know, Ppe tape business that it turned out like you know, I'm one of those that if if
it existed, it'd be out already. So it's it's likely that this was and it's possible Christopher Steele was being played by other Russians in that that all of this was a mess there. But let me come back to Epstein, right, which is, you know, I don't think a lot of
¶ Most Epstein associates probably just looked the other way
people Again, you go back to Trump's relationship, and it was something I talked about before that I'm going to go back. The most plausible explanation is yet a whole bunch of rich people who had no problem taking free plane rides with Jeffrey Epstein, free stuff from him, no, you know, and knew who he was, always had the you know, Donald Trump is on the record talking about how young Jeffrey liked them, and they didn't look the other way, right, or they just chose to look the
other way. It didn't bob, you know, because that's how much they wanted the free airplane. And this so called client list is. And again I go back to the government. If they have you cannot do what they what what some of these folks want, release everybody that may have been associated with him, which may simply be were you on the air and an airplane with him at any
one time? And of course people are going to take that and assume if you were ever on an airplane, you're a ped You're you're a pedophile too, right, And
¶ The more defiant Trump sounds, the more guilty he looks
that's where and this is so the question is is that what Trump's afraid of? But now the more that he digs in his heels, the more he digs in his heels, the more he digs in his heels, and now it's like, you know, I'm not going to sit here and say I believe that he was doing the same things Jeffrey was doing Jeffrey Epstein was doing. But the more the more defiant he sounds, the more he digs in his heels, and the more he attacks his own supporters, the more clearly it's going to raise questions.
Now let's go back to why is he having a hard time. Normally he can just tell his supporters, you know, do his own Jedi my trick. These aren't the hoaxes
¶ Most right wing media has fallen in line behind Trump
you're looking for. Pay no attention. Oh these ass isn't the hoax we're looking for. You know, this work done? Fox News? Oh hey, don't pay any attention to Jeffrey Epstein, got it? And Fox News salutes the flag. They don't cover anything in the Jeffrey Epstein story. Charlie Kirk said, you know, when Trump said he was done with it, Charlie Kirk then saluted the flag, said he's done with it. Then he got attacked for that, then he came back. So he's kind of a mess, right, But there's a
reason why. And again I go back to I go back to the point of the hardest thing to do is it is harder to give in somebody they've been conned than to actually con them. And that's where we are. And you've got to understand the importance of Jeffrey Epstein, and the best way to understand it is in this fascinating retort. So Donald Trump drops that explosive truth social post telling anybody on his that supposedly is in MAGA that believes the Jeffrey Epstein hoax, I don't want your
¶ Michael Flynn is the pope of QAnon, and is expressing doubts
support anymore. You're just doing the bidding of the Democrats. Well, the sort of the the unofficial pope of the pedophile conspiracies is now Michael Flynn, the disgraced former general retired general that was the National Security Advisor for about I believe, I believe for about two Scaramucies, right. I think it was twenty two days he survived. Scaramuccie is eleven days. If I'm not mistaken. I hope I have that right. Anthony will let me know if I've gotten that wrong.
So I think Flynn was two Scaramucies in office there, and he went real deep into QAnon, to the point where it's almost like he decided whether if no one knows who Q is, I'll let people think it is me. So anyway, you have to understand this. So he writes this very long post on X and he's directed at Donald Trump. Let me read a portion of it. He says to Donald Trump, I hesitated to write this, however, with the utmost respect and deference to you for all
you've withstood. If you know it better than me, what the deep state can do when they want to turn on a person. The Epstein affair is not about who killed him or if he committed suicide. Personally, I'm glad this known pedophile is debt, but neither is this a hoax. This issue goes beyond that. Michael Flynn writes, there are millions of Americans who overwhelmingly voted for you to be our president, and we want you to be massively successful, no more than me personally. I still have a target
on my forehead. Our country is facing a level of internal subversion, and it is a relentless attack on the very foundation for constitutional republic. So he is knee deep in this belief that there are these hidden forces coming after him. All right, He's really and the question is, does he really believe it, or is this just a giant grift because it bailed him out of financial trouble. I certainly assume it's a financial grift. But we'll see,
he continues. I'm not going to read the whole thing, but he continues here at the end, because this is part's important, he says. An element that is of great importance surrounding this Epstein affairs the fact that this man was a known pedophile, had a list of clients who represented the upper crust of society and likely did untowards things to children on his island, in his homes in New York City and New Mexico and maybe elsewhere, and
¶ The central tenet of QAnon is the idea of an elite pedophile cabal
he was convicted of it. I want to single out the word pedophilia here a minute, so as you know, the entire QAnon bizarreness is sort of the importance of believing your political opponents or pedophiles is important in the whole dehumanization process. Right. This is I think at the heart of this of this unfortunate climate that we're all
living in right now. And it's it's harsher, of course online than it is in real life, but it's had some real life consequences, right that this gentleman that really thought there was some sort of you know, kids being held captive in the basement of a pizza shop in Washington, d C. He shows up and there is no basement, nothing is there, And he was about to possibly kill a whole bunch of innocent patrons and the owner of of of a pizza shop in Washington, d C. But
Jeffrey Epstein doing what he did, he's sort of like the Kevin six degrees of Kevin Bacon game for these for this, for this crazy conspiracy theory, once you have bought in that the Left is not just against you culturally, but is against you because they're a cabal of pedophiles. And again, this is this is what this crowd is believing. This is where Marjorie Taylor Green gets her gets her energy from. This is Michael Flynn, this is this, This is this world. This is how Dan Bongino made a
fortune uh uh conning these people with his media. And
¶ If Trump says it's a hoax, it knocks down the foundational pillar of Qanon
all of a sudden, if Donald Trump is saying that Jeffrey Epstein story is a hoax, it shatters the entire conspiracy that was built up. It's sort of like it's like it's it's an extraordinary It's like knocking down a foundation pillar. Right if you have a house on stilts, and if you get the right one, you know, or if you're in Jenga, it's like if you pull the
wrong leg, everything collapses. And if if Jeffrey Epstein is not proven to have been the sort of the chief recruiter of victor of young kids to feed this pediph this manufactured pedophilia, uh uh ring that that this conspiracy supposedly has cocked it and supposedly exists. You need the
¶ Epstein became the face of the conspiracy
Jeffrey Epstein story right because Jeffrey Epstein put a face to it. Jeffrey Epstein may actually be a pedophile. Jeffrey Epstein knew all these famous people right now? Does that mean just because he knew these famous people, does that
mean all of them are now this well? To Michael Flynn, it is right now, Whether again I go back, I don't know whether Michael Flynn really believes this now or whether this has just been so financially lucrative for him to be the face of this of this crowd that he has as the high unofficial high priest of the QAnon crowd and believers of this conspiracy, he had to push back or his financial empire would crump. So this is the part where you send up. You end up
finding out does Donald Trump fully understand his base? Right? There's sort of and there's always been two distinct bases with tru. There's the actual working class space, the ones that demographically are non the non college educated crowd, the people that you know, the different people that shower at night, shower after work versus showering before work. Right, that's sort of like do you shower, do you shower when you come home for work, or do you shower before you
go to work? Right? That that sort of blue collar, white collar mindset. And then there's the crazy conspiracy theorists.
¶ Trump and his associates have fed the conspiracy theorists for years
And Donald Trump fed those conspiracy theorists. Right, he has built his entire political profile on a conspiracy theory. It began with burtherism. Right. How did he how did he convince the anti Obama right, the ones that were the most vocal who decided not to oppose Obama on policy but simply oppose him whether on otherism, right, the fact is he a real American? And questioning whether he was
an American? Trump, of course rode that wave of conspiracy theory, and so one of his habits is this comes back to what he did with David Duke. Right, Why couldn't he immediately denounce David Duke because David Duke sent something nice about him? Why couldn't he immediately denounce Vladimir Putin because Putin said something nice about him? So he is sort of catered, right. He appeases this crowd of conspiracy theorists,
and he'll feed him every once in a while. Right, He'll feed the velociraptor every once in a while, And suddenly the velociraptor has a taste for this and has a taste for this. And of course they've kept feeding and feeding and feeding until they caught the car. They run the government, the head some of the lead characters pushing the conspiracy theory are actually in now the deep state themselves, Dan Bongino and Cash Patel and Pam Bondi got into it as she's been trying to debushify herself
and retrumpify her self, if you will. And here they are.
¶ If they had evidence of crimes, they would have brought charges
And so whatever the truth is, and I you know, I'm still one of those who believes that what they have they don't if they had evidence that somebody else committed a crime on Jeffrey Epstein's island, they would have brought the charges. Okay, this idea that charges wouldn't have been brought, I just you know, I under I understand. You know, nobody wants to get in the way of a good conspiracy theory. The conspiracy theories are always more
interesting than the truth. But when you've spent twelve years torching institutions, torching those who were trying to speak the truth, and then you're in charge of set organization and then you're like, you can't believe they don't believe you, and it's like, well, you know, you reap whatt yourself. So but I do think to truly understand why Trump did.
I don't think full appreciates how important Jeffrey Epstein is as a connective tissue to this weird Like I said, one of the dehumanization tactics of the right has been to manufacture this pedophilia business. And so it is it is that is the long tail of crazy here that has brought Epstein into this sort of swirl, if you will, And why it is so important for this crowd that you know, the proof of Epstein's guilt Seeing this is sort of it will become. It is this idea that hey,
we're not crazy. See we're right, We're right, We're right. There was a pedophile ring. You know, we kept telling you there was one, and here it is. And if
¶ This could be the moment Trump supporters finally feel conned
it's not there, you know, for some of these people, if they're true believers, it it becomes a oh my god. You know, this could be the moment that they maybe feel cond I'll say this. You know, we've all wondered when you know the Trump err is going to end at some point, does it end with a whimper? Does it end with a loud bang? Does it end you know?
I don't you know, I don't think any of us believe it's going to It was going to end with a rousing closing argument in some sort of courtroom, you know. And there was a lot of prosecutors that dreamed of that they were somehow going to be a TV lawyer and be portrayed in a TV movie someday, that they were going to get him right. It was never going to end this way. It always was going to end when he got exposed for being a hypocrite, right and
for for duping his own people. I think a lot of us thought it, but still believe it will be when it hits their own pocketbook, when they realized the policies that he's advocating are a disaster and they're going to be economically punishing here in a few months. Unfortunately. I really hope, uh you know, I mean, look, you know, buried in this sort of story to end about him toying with firing Jay Powell, which clearly doing it feels like he was trying to do it as a way
to distract from Epstein. But the point is he's going to get control of the FED in a year no matter what. And the fact that we're going to have
¶ Trump's age is showing, possible health issue they won't disclose
a president who, by the way, is now showing so many signs of age, and it is it is, you know, whether it's falling asleep at events more often now, whether there's you know, he's there's clearly a bunch of medical issues. He's not disclosing, you know, what's wrong with his hand. We've seen that, you know, there's there's there's something he's dealing with, some sort of health issue that they're not disclosing. And of course they've so uh scared the press score
that covers them. It seems like nobody will ask about this as directly, you know, and if they do, he you know, he chastises him as evil by the way, you know, and all this business, this weird use of the word evil, which is again ahuman as dehumanization tactic in order to give a green light for his supporters to treat fellow Americans like they're not American and that they're not human. But something is off about him, right, He didn't seem to remember that he appointed J. Powell. Now.
I accept the premise that in his first term he let way too many other people influence him that maybe now he regrets. I think there's no doubt he was on the job training, he did not understand how everything worked, and he took a lot of other people's advice, and he was surrounded by folks that were more in the mainstream than I think many gave credit. I go back, you know, Mike Pens and Wrytes prepus stacked that first Trump term with a lot of conservative normies, if you will,
who I think prevented economic calamity before. They couldn't get in his way to you know, once COVID hit the crazy, you know, there was only so much they could do to keep him from from totally messing things up. And you know, by the time COVID came, they couldn't stop it, and the public reacted as you might expect. So so, but the fact that he can't remember that he appointed him or that it's not I don't think that's a denial. I think that is some weird you know, maybe it's
cognitive dissonance, but maybe it's something else. But there's definitely he is showing just simple signs of age. He tires earlier. You can see it. Anytime after four o'clock in the afternoon, he seems to fade a little bit. And you can just look. I mean even when he if you look at his where he was celebrating with the soccer team, even the celebration, he just seemed a little off. He seemed like he was a little struggling to sort of have the energy to be there. So there's definitely you know,
¶ You can't trust any press release the administration puts out
who knows, they're not never going to say anything, and whatever they release is not going to you know, you can't take it to the bank. Right We are now living in an era where any press release that the Trump administration puts out is not factual. You have to assume it's not factual at all, and you have to
figure out, okay, where what's relevant here. It's very it's never been harder to be a reporter on any government agency because you certainly have to acknowledge whatever you know they're there, Uh, you have to acknowledge their point, you know, what their response to an article. But sometimes there's you know, it's so much cognitive dissonance that it almost makes your story. I mean that guy Stephen Chung will say things that just are non sequiturs, right, which is the point? Right?
They almost kind of want because the more the more they confuse the story, the harder it is for a negative story to stick. So it's a it's a tactic and it's been been quite successful one. But but there's something, you know, there's something here. I think this is proof he doesn't fully understand his own voters. Sometimes he certainly doesn't understand what he the monster he has created with
this mainstreaming so many conspiracies over the last decade. And you know, if this is the way it ends, you might want to give an applause to the Writer's room on this one. Right, it's a it's a more unique ending than something that just uh, that just goes out
¶ Trump won't get out of the Epstein debacle unscathed
with a whimper. But you know this, I don't think he gets out of this Epstein debacle unscathed. I think at some point his folks this this also has the feel, you know, one of the even in the pre Trump era, there was always the summer silly season where there'd be some summer scandal that would kind of just catch a White House sleeping a little bit, but catch them off guard. I think they weren't. You know, they've been focused on some other things. They didn't really understand how explosive what
they were dealing with with Epstein. So if you told me by September, they're in a different place and this is sort of still still percolating, and there's still some people that won't forgive them, But it's a smaller cabala people that won't surprise me. But the fact is, you know, it's it's like Rocky four and the first time he made Drago bleed. It bleeds right, it's human. This one's drawn blood and Trump. The question is how debilitating politically is it going to be? All Right, I've gone on
long enough with my intro here. I really hope you enjoy this conversation with Lena Khan. It was fascinating to me. I think you'll learn a lot and hopefully understand even better the role of the ft S And joining me now is the former head of the f t C Federal Trade Commission. The alphabets sometimes folks get confused. Uh,
¶ Lina Khan joins the Chuck ToddCast!
it's Lena Khan. Lena, welcome to the Todd Past. Thanks for being here, Thanks for having me so before we get into some of the nitty gritty of some of the work that you left to your successor, and in some cases, I'm curious how pleasantly surprised you are that some of your work is continuing. Uh, And we will get into that. But you were the youngest FTC chair and I guess did you know you wanted to be the chair of the FTC? And when did you know you wanted to do that? And how does one become that?
I mean literally, for those that you know, trust busting and the demand for government regulation is something that's always sort of in the ether, but a lot of people don't understand how specifically it would work, how the FTC works. How did you know you wanted to do this when you were younger?
Yeah, I've had a somewhat unusual path to antitrust and
¶ Lina's path to becoming the FTC chair
consumer protection. I actually always growing up, wanted to be a journalist and was really into kind of research and reporting and figuring out how to tell stories that are kind of holding power to account. I graduated shortly after the financial crisis, and so journalism jobs were pretty difficult to come by, and ended up landing at a think tank and research organization where my job was to document
the effects of market consolidation. And so I was doing a lot of reporting by talking to farmers, say, and figuring out, hey, this big merger happened a few years ago, what does it look like to be a chicken farmer in today's America. I was on book publishing, rental cars, airlines, and really saw how over the last few decades, a secret trend across the American economy has been increasing consolidation.
And so whereas decades ago you would have dozens and dozens of competitors, increasingly now you just have a small number of companies that dominate, be it in meatpacking, be it in airlines. If you go to the grocery store, it might look like there are dozens of brands, but they're actually just owned by a handful of companies, be it for diapers or laundry detergent or snacks. And the
costs of this are really severe. I mean, Americans pay more, wages are lower, small and independent businesses can't compete on a level playing field. And yet, at least a decade ago, it seemed like something that was really fringe and marginal to the public conversation. And so I got really excited about the possibility of trying to reinvigorate our nation's anti monopoly laws. And that's kind of what led me on this work.
One of the ways that I try to provide optimism when I do my talks and explaining the current era is I always ground it in, hey, this is kind of familiar. And if you look at our politics today, if you look at sort of the issue of income and equality today, our polarization today, it's very very similar to the late nineteenth century, early twentieth century. Right, you
¶ Concentration of corporate power is similar to the early 20th century
have the big titans of industry, we have the tech brologarchs today, you have you know, you have this sort of you know, we had a rise of nativism back then that seems to be coming back. Obviously, there's concern as we transition. Back then it was a grand economy to an industrial economy. Now we're transitioning from an industrial economy to do whatever we're going to call us right, we still haven't figured it out. Is it a service economy,
is it a tech economy? However we want to call it, And with it will come over time more people noticing, Hey, wait a minute, something's off here. Looking at that historical comparison, he said, play professor for me. We're am I right, and where do you think I'm a little off base on a comparison.
I'm so glad you noted that, because you're right. The historical parallels are incredibly striking. It was the Industrial Revolution that delivered so many advances for Americans, but also allowed a very small number of companies and individuals to concentrate
a tremendous amount of power. And it was the ability of these monopolists and these industrial trusts to abuse that power that set in motion of movement anti monopoly movement to make sure that government had the tools and the authority to check corporate abuse and to try to create
an economy that's really delivering fairness for everyday people. And I think you know, at the FTC, I was able to travel the country and meet with a lot of communities and try to understand what are the economic points that people are facing, and so many of the daily challenges, be it, you know, the inability to afford your medicines, having to ration things like insulin, to not being able to afford your groceries, to having another job offer but
not being able to switch because you have a noncompete, to you know, being abused by your corporate landlord. I mean, so many of the day to day pain points that are really squeezing Americans and making them feel like they're not getting a fair shake no matter how how hard they're work than not able to get ahead. I think a lot of that economic anxiety is very ripe and not all too different from what people were facing a century ago.
I'll be honest, I hear I've heard a few of the phrases and words I feel like, and I feel like when we all talk about these things, the famous Teddy Roosevelt speech, and also otomy right like, I can sort of hear some of that language just known and what you were talking about. I guess the question, you know, one of the things that strikes me about hearing you. The way you talk about this is as we have this debate on the left about capitalism versus you know,
is it are we in late today capitalism? Is it failing? In some ways you're articulating that, hey, if capital you know, capitalism in its purest or free market form should be uh, should be egalitarian of sorts. And in some ways we've
¶ Is capitalism failing?
we're perverting capitalism with this consolidation of power. It's not that isn't capitalism, right? I mean, it's like I always joke the NFL is one of the great socialistic enterprises that exists, right, it is not. The teams do not compete against each other, right, They share all of their revenues equally, and they have marginal ways that they get to do this. Do you count yourself as a sort of in some ways a pure capitalist who just thinks the rules need to be fair.
I mean, we absolutely need the rules to be fair. And one of the key principles that we've used to structure our economy is this idea of competition, right, the idea that we want to have markets where if you have a good idea, if you have the talent to kind of bring a new idea to market, bring a
new business to market. You should be able to compete on a level playing field, right, And so much of the innovation, the breakthrough advances in our country, be it in Silicon Valley, be it in areas like medicines have come from upstarts, right, from somebody with a good thing
being able to fairly compete. And you're absolutely right that as our markets become more and more dominated by smaller and smaller number of companies, and those monopolies abuse their power to squash out their arrivals to kind of rig the playing field, we all lose out right. People. People feel like it's not fair, and materially the consequences and the outcomes are worse for us as an economy.
Some of the places where I think that there is a left right convergence on agreement that the government needs to do something is the role of the tech big tech companies. Right. I'm going to ask from a very
¶ Large corporations control the distribution of media and information
selfish point of view, which is media. I look at the issue of distribution and we in media, and I don't care where you are these days, whether you're at CBSNBC, ABC, whether you're an independent substacker or somewhere in between. You do not control your distribution. Distribution is in the hands of some a handful of tech companies who can dial up or dial down the algorithms, and there is no transparency and how it works and how it does walk
me through the difficulties. It is for THETC to play a role here in trying to because I just I think you've been I think you tried. I think you're trying. I think there's some form of this of your successor at least keeping some of these cases going. But is in my great fear is that we're going to get resolution and it'll be obsolete tech that we finally were able to you know, we're finally able to resolve some issues,
but it's no longer the prominent thing. Meanwhile, this consolidation of power has destroyed the entire media ecosystem.
It's a very valid fear, and candidly, I think enforcers
¶ Will the consolidation of power destroy the media ecosystem?
and policymakers in DC were generally slow to kind of recognize the enormous problem of tech consolidation. Right in the early two thousands, there was almost this like religious zeal that these tech companies were spreading this idea that there were these revolutionary companies that were just going to be
you know, really fantastic for people. And there was almost like this you know, move fast and break things type mentality, and there was a sense that these markets moved so quickly that if anything, it's better to get out of the way, that the government should be a stands off as possible. And I think what we've seen is that
there were enormous costs to that. Right, we now have just a handful of companies that are controlling key arteries of commerce, key arteries of communication, and that functionally means that these companies are getting to call the shots on slots of business activity. Right. You noted, they're getting to effectively call the shots on what content gets heard or seen with no transparency and no accountability, right because there's
no competition in the market. If you don't like what a Google algorithm is doing, you don't really have that
much choice. And that's what was so eye opening for me is that there were actually thousands upon thousands of businesses that were enormously alarmed and disturbed about the power that these tech companies had accumulated because they could only their access to customers was entirely dependent on the whims of an Amazon or a Google, and I would have companies tell me, you know, I woke up today for some reason, on Amazon, I went from page one to page seven, or on Google from page one page seven.
¶ Google and Amazon have enormous power over commerce
And if this does I don't know why, nothing changed on my end, But if this doesn't get fixed, my business is going to go bankrupt. And you know, I remember there was a business who was quoted saying Google has more power than the government. Right, the government can tax me, but if changes an algorithm, my business is going to go under. And so I think people started to realize just the enormous power these companies have. If it's not how to account can just be extremely abusive.
Let's good to something. How did we get to the point where I have to be I have to consent for my data to use an app versus the app having to consent to me to get data. Do you see what I mean? Like we've totally reversed the permission structure, which is I basically I'm being coersed to give up something to use a product, right to use a Google
¶ Why are users forced to give up their data in order to use a product?
apport simply to update a product I've already purchased. But if I want a free update, I've got to you know, instead of you know, I got to give something in return, And there's no alternative, like I could say, Hey, I don't want to give you this data? Can I buy it? Right? They're not even they're not even giving me access to this updated version of the apps. How did we get here where we're they're not asking us permission, but essentially we're being coerced.
It's a really important question. And a key moment was in the early two thousands where some of these businesses started adopting business models that were premised effectively on surveiling
¶ Companies monetized by surveilling users
you and harvesting all of your data.
Right.
Companies like Google, Facebook decided they were going to monetize their companies not by charging customers in terms of dollars, but instead by collecting data on them and then selling that to advertisers. And what that did from a business perspective was create an incentive to collect as much information on you as possible. Right, And so they're collecting it when you're on their website, but they're also collecting it
across the internet. Now it can be combined with data collected on your phone, including your precise geolocation, and there's just a huge business incentive because that's how they make money. And it's really striking because you know, America has a long tradition of being very skeptical of government surveillance, but we are now increasingly being surveilled by these private companies
and we don't know what's happening with that data. At the FTP sometimes found it was actually being sold just to the highest bidder, even if that meant selling it to foreign adversaries, and sometimes it is sold to the government or used by the government, and so it seems like there's this whole workaround. And you know, companies have adopted this notice and consent where they think if they just present you this long terms of service and you
agree that that means you're consenting. But we all know that's a fiction. And as you noted, we have to use these services to navigate day to day life, and so it does feel like coercion.
¶ South Park perfectly parodied the concept of "Terms and Conditions"
Well, the South Park Boys probably have the best illustration of what happens with the agreement. They did a whole episode. I have no idea how familiar with that, but this is I recommend it. They did this like a decade ago, sort of mocking the automate. What do you mean you didn't read your permits and services and now one of the boys ends up being a human experiment for Apple to become a human centipede iPad or something like that.
I mean, it's absurd, but it was really well, it was satire done exactly to point out this absurdity of terms and conditions and the fact that nobody actually reads it and you have no idea what you've just consented to, and this idea that oh it's on you. Oh come on like that. That's not where, that's not realistic. What let's this you just talked about the hands off approach that essentially government decided to take on the tech industry
in the first two decades of the century. Here we are at AI at this moment, and that is exactly the same conversation all these AI had, don't regulate us, right, And we just saw that bill there was going to be an attempt to put a moratorium on state based
¶ Making the same regulatory mistakes with AI that we did with social media?
regulations for ten years. As soon as it popped up there there were there were at least a few people howling about it, and they got stripped out. A reminder sometimes transparency is still the best disinfected that you have on sometimes on bad policy, but it certainly looks like we're about to do the same make the same mistakes with AI that we made with social media.
It's a key risk. And you know, I think we've seen some interesting dynamics with AI where some times these moments of you know, technological advances and break through advances are actually a moment where the market opens up and you get new players. And so it was actually you know, Microsoft being disciplined by anti trusts that allowed thes and the facebooks and the Googles to come in and and
youer more competition. The risk we're seeing now is that this technological revolution will instead allow the existing giants to just expand and double down on their power.
Well let's talk about that real quick, because who could start up an AI company on their own? Right now? You need to have so much money to get power, so much money to get the computer, you know, actual electricity, computing power. The barrier to entry is super high. This
¶ The barrier to entry to starting an AI company is very high
is not so the only companies that can afford it are the companies that have already the already have the power and the resources.
Right, That's exactly right. Kind of every step of the way, you're basically dependent on the whims of these existing giant And I think the other really incredible component here is that a lot of these models are being trained on people's data. Right, we were just talking about consent and
the lack of consent. I mean, when I was at the FTC, we were talking to creators, writers, graphic designers who said, I just woke up one day and my life's work had been ingested by this model that is now spitting out stuff that is competing with me, and it was trained on me, and nobody asked me, and
nobody paid me. How is that fit? Right? And so we've already seen what some of people would call theft in terms of just how much of that information has already been ingested and monetized without any consent or compensation. I think the other potential abusive practice we could see
¶ Collected data is being used for surveillance pricing
is this idea of surveillance pricing. We're not only is your data being collected on you, but then it is being used against you to price as much as you will pay. So imagine you had a death in the family and you got an email notice about where the
services are going to be. You go to buy a plane ticket and the airline company knows you are trying to get to a funeral, it's an emergency, and maybe they'll overcharge you, right, And I think that's going to be one of the next frontiers of potential abuse that we have to be on guard for.
Now, this is something you know. Is the FTC set up to be proactive or is the entire premise of the agency or reactive agency? Right? And I think I
¶ Is the FTC set up to be proactive or reactive?
know the answer to that question, but I feel like that's the inherent flaw in the FTC.
Now, well, it's a good question, and I mean, I think what it sounds like what you're suggesting by reactive is if the agency is primarily bringing lawsuits, is it bringing lawsuits effectively after the fact, once it's too late you're going to Yes, No, you're You're right that one of the main things the agency does is bring lawsuits to kind of go after kind of conduct that's already happened. We did also do making and so we can get through rules like one of the ones we pushed through
was a ban on noncompete clauses. These are clauses that basically block you from taking a job editor or starting your own business.
It's a huge thing in the media business. It's a huge thing in me. Now there's coercion ways to do it. You know, they can pay you to be you know, to try to try to do that and compensated. And is that still legal or noncompete they still compensate. Yeah, no,
¶ Non-compete agreements are being used to trap employees
I think if.
You're compensated, that's a very different situation.
Believe, not compete without compensation.
Compensation, and not even for executives in the boardroom, but for security guards and janitors and fast food workers. I mean, when we were doing this work at the FTC, we heard from a bartender in Florida who was being harassed at her job. She went to go find a job at a different restaurant, and once she was going to start, she got hit with a lawsuit for tens of thousands of dollars because she had a non compete and her
original restaurant was trying to block it. I mean, they're just such absurd and horrifying stories about how these non competes are abused. So we've got put through a rule to ban them in the vast majority of contexts, it's currently being litigated pushed back against. I think the biggest challenge for the FTC candidly is its size. I mean, this is a tiny agency relative to its mission and mandate.
¶ The FTC is too small for its mission
It oversees economic activity across the vast majority of the US economy, and at its height when I was there was around thirteen hundred people. Now smaller, we've seen, you know, a brain drain, a lot of attrition, people kind of trying to flee. And it's tough. You know, we've heard about DOGE cuts and the agency shrinking further, and so I think that's a challenge.
And yet there is you know, there is a heart of of the populist right that very much. You know, we're cheering you on when it came to Facebook and that, and cheering you on when it came to Amazon. And yet it doesn't seem as if that is it doesn't
¶ The populist right supported Lina's work at FTC
seem like that part of that base as a voice in this current administration. That's what it's been more lip service.
It's such an interesting question, and you know sometimes it changes week by week, but you're right, it does seem like overall there has been a drift right, if there's a fight between the kind of populist wing and the corporateest wing. It does seem like more and more the kind of corporatist wing is winning out. I mean, we do see some pushback and kind of efforts to grapple
through this, you know, at the FTC. I think you're right that there was kind of support among Republican members of Congress, but there's almost support at a grassroots level, right, I mean, I would get.
More support on the grassroots level, frankly, right, Yeah, I think that's right.
I would get letters from, you know, people saying I'm a lifelong Republican, a hardcore free market capitalist, but if the FTC bans noncompetes, it'll be the best thing government has ever done. I would have Republican business owners coming to me nearly in tears, right, independent pharmacists, farmers, saying my business is about to go under because of this
massive middleman that's squeezing me out. And so I think, you know, this issue of unchecked corporate power, of monopoly abuse has become so acute that it affects every part of our country, then there's a lot of support for taking it on.
It sort of in hearing about some of the most egregious monopolistic practices, it seems as if it's more egregious, the more mature said industry is, So take pharmaceuticals. You brought up the independent pharmacy issue versus Frank, you know, the two giants, and I guess it's one and a half giants, right. I think Walgreens is struggling to keep up with CBS. Is it even possible to be an independent pharmacist anymore? And is it just that feels like
an extraordinarily consolidated thing. And what role should the FDC
¶ Can independent pharmacists survive in this market?
have in something like this? On behalf of independent pharmacists.
So this was a big area of focus for us because independent pharmacies, especially in rural area areas, play such a critical role. I mean sometimes they are the only kind of healthcare provider nearby. And what's been so interesting is that communities generally love their independent pharmacists, and these independent pharmacists are kind of, you know, offers.
Kind of like doctors. I mean, look, I'm my my grew up in northwest Florida. Pensacola is a pretty mature community. But some of the outlier communities where are families from very much and there's a you know, small independent pharmacist that was like the family called them up right, you know, Hey, my kids got a cold. What what should I tell? I mean, they treat the pharmacist almost like a doctor.
That's how important they are, you know. And just see I've seen it sook, you know, with an in law who was suffering and a prescription ran out on a Saturday. They didn't know what else to do, right, and it so it really is a community lifeline in these smaller and these smaller communities.
That's right. And a lot of these independent pharmacies are being squeezed, not because their communities don't love them and benefit from them, but because there are these actors called pharmacy benefit managers. There are these kind of middlemen in the healthcare system that coordinate between the pharmacy and the health insurance and the drug manufacturer.
¶ Why do pharmacy benefit managers exist?
Why do they exists? I mean, this is my big question. I don't I'm going to I watched a lot of you know, if you're living, if you live in the DC market, you hear about PBMs. It's the only place you hear about it, right, because it's a fight over legislation, and they're trying to fight for their existence and all of this stuff. And no matter how much I even follow the issue, and I like, what the hell are these and why do they exist?
So in theory they came into existence to try to make prices lower for people, but there's good evidence that they're actually having the opposite effect, right, And so now these PBMs have actually vertically integrated with the health insurer.
Some of them have their own mail order pharmacy, and pharmacies will tell us that patients are coming to them and saying, Hey, I've been fulfilling my prescription with you for years, but I just got this letter from my insurance company saying now I can only fulfill this through their mail order pharmacy. And guess what. The mail order pharmacy is using trucks in the heat, and by the time your medicine gets to you, it actually ended up
getting spoilt. And so they're just all these perversions. The PBMs are also responsible for reimbursing the pharmacies. Pharmacies tell us they are routinely under reimbursed, and so they're actually losing money when they are providing patients with life saving medicines, and so it seems like a big, big perversion. We investigated this at the FTC. We sued the PBMs for practices that we alleged lading drug prices. But there's a lot more to be done here.
Let's talk about the cases that you didn't you weren't
¶ What cases that she pursued has the FTC continued to ligitage?
able to finish, right you, you know, would would have liked that more time. And what's going to continue? Where are you relieved? Where it looks like the FTC is going to stay on this?
Well, so far we have seen the Facebook litigation continue. We s that there was a huge scramble by Mark Zuckerberg to try to settle that on the eve of trial. They didn't do it. They'll let the trial happen. We're waiting to get out.
It was a cynic. I assumed he was going to get it. I'll be honest. I figured somebody would tell him what the number was and he'd write the check. The fact that it didn't happen was oddly surprising.
Yeah, it's interesting, and I think we're all going to have to be very vigilant about what happens down the line, because there is a world in which the FTC wins, and then that's another leverage point.
And is that and they settle anyway?
Right backed something? And I think that's why a lot of this seems like a double edged short, it just seems like so much willingness by the White House to use law enforcement as a political cudgel to extract favors or kind of punt received enemies, and so the potential corruption of these cases is a big risk to my mind. So far, our lawsuit against Amazon is going forward. Our
lawsuit against John Deere is going forward. This is a lawsuit where we alleged Deer was illegally making it very difficult for farmers to fix their own tractors and equipment fixed by a deer dealer, which meant not only was it more expensive, but you had to wait an incredibly long time, and sometimes that would result in farmer's crop getting ruined. So that those litigations are still going forward.
We have seen some backtracking on the consumer protection side, which is where we've been very active in terms of taking on these junk fees, requiring that businesses make it as easy to cancel a subscription as it is to sign. A judge just tossed out that rule, and we're going to have to see where the FTC stays strong or backs off.
Well, I could, I could, I could go on a number that they went the impossibility when you sign up
¶ Subscriptions are incredibly difficult to cancel
for something to then cancel it. It is And it doesn't matter whether I'm talking about national season tickets, who like they will literally send an email on a notice but no link, and then they'll like be on the lookout for the link two or three weeks later and they don't ever And that's just them, And this is this is just an example across the board with these subscription services, no matter what it is, right, whether it's a small subscription for for for a magazine or something,
or a large one for a streaming service or season tickets or whatever it is, it does seem as if that there is a lot of fast and loose when it comes to these auto renewals, if you will, and that that feels that feels like one of those one of those issues that if the government could find a way to clamp down on it, it would be enormously popular.
Yeah, you know, we tried to clamp down on it. I mean, I think the idea that companies shouldn't be able to trap you in subscriptions is as unobjectionable as it comes, frankly, and unfortunately, it's an area where we've seen increasing abuse because more and more businesses are becoming
¶ Companies have made subscriptions their business model
a reliant on subscription based revenues. So even for things like a printer, sometimes you need a subscription for your printer to work.
Right, Can I thank you for bringing that up? That drives me bonkers? No, I'm not doing that with your tone or subscription. And it's like, it is, like, what do you lean I've got to sign up for a subscription after I bought your product. That's just a weird I am. Now. Maybe I'm just old guy, right and I'm just like not used to it, but I'm like, it's funny just because I did like a subscription. Really, God, you are just nickel and Diamond. It goes back in.
This may be a tad before your time, but it was Circuit City and best Buy used to just try to force you to buy these, and Amazon now does it too. Actually, if you buy any sort of product, hey, do you want to buy insurance on it? Or you want to buy a you know, they sort of force these back then. It was a bit predatory the way Circuit City did it. I think actually the government claimed down on them at the time.
Interesting, and what was really suprising was when we started investigating some of these practices. The executives internally were not subtle that this was a deliberate business strategy, and sometimes they would actually have kind of low level employees saying, hey, we're getting a lot of customer complaints that our subscription process theems deceptive, where people are being enruled without knowing it, or once they're enrolled they can't easily cancel.
And as you're saying, the execs, let's see it as a feature, not a bug.
Yeah. I mean sometimes, and this happened at Amazon, you know where it happened at Adobe, where a lower level employee said, let's fix this, here's an alternative, and the executive said, no, you know, I think we'll leave it how it is. So, you know, I think another component here is the courts. I mean the number of rules that were pushed through in the last administration that would have materially improved people's lives. I mean this click to
cancel rule, our rule banning non competes. We had rules from the Consumer Financial Protection Bureau that would limit medical debt from being used on your credit report, that would have limited overdraft fees. A whole set of rules have been tossed out by courts. Sometimes I think on pretty
bogus basis. I think there is going to be if kind of Democrats get a chance to govern again in four years, it kind of broader reassessment of how is to govern when you have courts that are so hostile to some of this governing.
Well, you know, some of this stuff though is not everybody knows about it, and in some ways, you know, what lessons have you learned about how to communicate what you're doing, because that sometimes you know, if you can communicate it right, well, the public won't, you know, won't accept the idea of another administration rolling it back. And there were times that I thought, oh my god, you
¶ How do you make the public aware of your work at the FTC?
guys are doing a tremendous amount of stuff, but it's almost like you're over the public's not. There's too much and the public's not going to realize what you're doing. And if they don't, then it doesn't take root. And if it doesn't take root, becomes easy to throw out. What what have you? What did you learned ear in your four years that if you ever got another shot at this, what would you is there is there different ways would you would you sort of tackle less at
any one time? Right? Because there's so much you want to do, like, how much do you think the communications strategy has to be a part of what you're doing.
You're right that it's absolutely essential. And you know, the ftc U for some years now had had been kind of in the shadows, uh, you know, people didn't know what it was, what the agency did, and so it was a bit of a departure candidly when I was there for for the FTC to be as out there as it had been. And we did that for a
couple of reasons. One was I think in DC sometimes there can be this tendency to over index on kind of the expert class for how we understand the economy, and that can create certain blind spots where you really have to talk to people and understand what is people's lived in experience to understand what those pain points are.
And so we did listening sessions, We did regular open commission meetings where anybody in America could sign up and talk to the Federal Trade Commissioners, and just really broadened the voices we were hearing to make sure we had a real three sixty view of the economy rather than of you that was dominated by the kind of lobbyists
and the lawyers and the kind of class. But it was also to be able to communicate, right, I mean, the FTC is the agency where if it's doing its job, if it's taking on monopolies and corporate law breakers, it is going to face pushback from those corporate interests, and you need to make sure that you are building the countervailing support from the people that are benefiting from this work.
You know, we had a small agency. We had a heroic comms team, but it was very small, and so, you know, I think figuring out how can kind of other players and government and political system alsolifying this will be key.
You know, one of the challenges. It's funny you bring up to sort of kind of broaden what the FTC folks were hearing about the economy. And one of my more complaints about traditional media over the last two decades
¶ The media covers markets rather than the economy
when it comes to coverage of the economy is I used to argue we don't cover the economy, we cover markets, and the CNBC afflication of business coverage right when I was you know, coverage of the economy was much different in the eighties and nineties, and then when we all became so market focused, Right, there's a part of me that thinks that it almost made people more comfortable with consolidation because consolidation was good for the stock market than
stock market was good for retirement. Like we sort of perverted what even economics reporting was right. The economy is people. The economy is not markets. And the only business coverage in mainstream media today is markets. Right, whether it's Fox Business Channel or SANBC, you don't really get the same kind of consumer protection coverage that used to be quote unquote business coverage. Now it feels like it's all about markets and all about equity.
That's such a profoundly important point, and I think one of those kind of hidden shifts that does really have enormous downstream consequences for how policy makers, even as you said, understand what the economy is. Right, and if you're just using for your understanding of the economy the stock market as the key proxy of whether people are doing well
or not, we're going to miss a lot. And sometimes candidly, stock prices go up because companies are doing things that are profitable for them but actually bad for regular people. And so not only can it be inadequate, but it can sometimes be you know, the inverse, and so I think that's a problem. And I think, you know, one thing that's been interesting is this broader conversation now happening in DC but across the country about how it is it that that people should govern and how is it
that people should kind of win elections. And it does seem like those people who are focusing on listening to people, right, we just had money when in New York City he went to all cards and asked them, Hey, what is it that's making your business? Right, kind of that on the ground level economics, economy reporting, and to bring to it a sense of curiosity, right, just like there's a lot we don't know in DC, and making sure we're actually going out there and asking people who are kind
¶ Who is regulating algorithms?
of experts in their own domain. So I think we need a lot more of that.
So one of the things that I've I sort of get on my hobby horse about when it comes to government regulation is algorithms. I don't see any good that comes from an algorithm personally, I understand, you know, and I feel like they're you know, I don't want an algorithm trying to suggest what I might like. I want to decide what I like, and then I might say Yeah, let's personalize a search, and you go ahead and me stuff that's similar to this. But I want control of that.
If I'm going to sound a little rubish and go ahead and say it, which is, God damn it, I want my government to I mean, who's who's regulating these algorithms? They're black boxes and it is it is. How I interact with Google is different than somebody else interacts with Google, and I have nobody sort of I have no idea whether I'm I'm getting a fair look or not because I don't know how the algorithm works. Do you should
the act? Who should and should government basically be in the business of regulating algorithms.
It's a great question, and I think one of the places where it's most acute right now is when it
¶ There's a massive need for regulating algorithms that affect kids
comes to kids. Right there's been a huge epidemic of you know, social media addiction abuse on these platforms, and parents feel like they don't have any control of what their kids are seeing. And these companies, again, their business model is to monetize data. And it's been shown that the content that is does best is oftenheims the content that is most divisive or most inflammatory.
Because there's exspectives of you, all right, the incentives to keep you on the platform, to see more advertisements, to see more whatever, and well, okay, you've learned human psychology, and if you're using human psychology against us, that's I thought that was manipulative.
I thought that was something that the FDC was supposed to say, No, you can't do that.
I mean, we've had executives from some of these companies acknowledge publicly that some of the techniques that they're using are basically similar to how people are designing slot machines for gambling in terms of like they're designed to keep you addicted. And so the fact that we haven't had kind of extensive government involvement here, I think is creating
¶ Will we ever get a data "bill of rights" or more individual control over data?
a lot of pain and going to lead to a lot of problems.
We got a few more minutes here. Who owns data and where should you know? So Frank McCort, the former owner of the Dodgers, was working on something called Project Liberty. He wrote a piece he was now, I think he's trying to be one of the folks that might buy TikTok.
We'll see, but he's actually, you know, he he he has pitched this idea that data should be in a public trust that Amazon should known data, Google should know own data that you know, they essentially should license the use of data, but that data should be almost like a public utility. I guess what would that could that happen, what would that look like? I mean, at what point, you know, I've been waiting for my data built privacy Bill of Rights to be passed by a Congress for
the last twenty years, and it's not happened. I think we inherently and here's what's sort of frustrating. Individual data is worthless, collective data is infinitely valuable. It seems that we've got that this is sort of one of the hardest issues to tackle, and yet it's at the heart of almost all of these current antitrust conversations.
You're right, and the companies will say that they own the data, effectively, that once they have collected it, that it is their property, and there are all these basic questions about, well, how does that work if it was actually my data, but now it's being complete your data,
¶ Some data should be off limits for monetization
you know. To my mind, that's a key question. But another key question is should some of this data be off limits for monetization in the first place? I mean, at the FTC. We would do investigations where we would find that companies like health apps, we're collecting sensitive information, health information from people and then selling that on to these data brokers and then you know, all sorts of
bad actors could get their hands on it. We had geolocation from your phone being sold, including to stalkers and abusers. There's just huge risks here. And so one thing that we did through some of these law enforcement actions was say that for sensitive data, for data about your browsing history on the internet, your precise location, your health, that data by default cannot be sold. That unless you are
affirmatively agreeing and consenting to that data be sold. The default is it cannot be And so you know, I think we need some more of those bright line rules to get past this fiction. The default is everything is collected and sold. And then we need to think about some of the business models and the monetization and the algorithm and how all of that fits together.
Look, I give Apple credit the ask app not to track, Like, why was that so hard? Why is that so hard? And is that now I've heard that there are a whole bunch of small I guess in gaming companies, you know,
¶ Apple store's "Ask Not To Track" setting made a positive difference
who may who made money simply on quote unquote free acts, right that it hurt their businesses. I'm not shedding a tear over that. If that's how they if that was there, if that was their north star and how to make money for their business.
Yeah, I mean, I think what was so striking is once Apple introduced that. I think they reported that over sixty percent of Americans chose not to have their data, you know, shared, which is very important because sometimes hear from these companies as well, Americans don't really care about privacy because if they did, they wouldn't agree to use all our services. And as we started off with, you know, the consent here is a fiction, and when you actually get people to overwhelming there is.
Some generational data on this. You know, my kids, I have an eighteen year old and twenty one year old, they're you know, they they're sort of they're weirdly more comfortable with more of their data out there, you know. And now I would argue, well, they've been sort of
¶ Younger users are more comfortable with giving up their data
you know, they've been sort of trained, if you will. Unfortunately, you know, and maybe that's on me as a parent, didn't realize how much this was happening, right, You just don't fully appreciate it until they're like, yeah, you know, this is the price of doing business and on the internet, which you know, you know, I guess that's what these big tech companies are counting on, right, that we're just going to be we care about using the products too much to worry about the personal stuff.
Yeah, I mean, I think sometimes this is also true where privacy can sound kind of abstract, but once you lay out how this data can be used against you, including by setting a specific price for you that is different from the price you're friends.
Or surveillance pricing, like how do you well? That feels like how are you going to be able to prevent that without sort of micro managing and regulating algorithms in general? Right? I mean, isn't that that to me? That gets that to why I want this? And I know the tech companies would find this invasive and onerous because they don't want to admit how manipulative, intentionally manipulative these algorithms are being built to do.
That's right, and there are real battles happening, I mean
¶ Lawmakers face ferocious pushback and lobbying
in state legislatures in Congress. It does it's clear that whenever lawmakers have tried to do something here. There has been ferocious pushback, farrocious lobbying, and just a clear example of companies using their economic power as political power.
Let me get you out in here on this. How can the average person keep an eye on this or this issue of surveillance pricing? Just my guess is this is something that's going to become a bigger issue. It's not going to go away. It's actually going to become
¶ Best ways for consumers to protect their privacy
more as this happens. Is there any good consumer tips to sort of to you know, double check to see if this is happening to you.
Yeah, it's a great question, and it's ultimately not something that can be fixed by us as individuals. Really, do you need the government to kind of come in and work on our behalf? I mean, you know there are browsers that are more designed for privacy and more designed to limit how much data can be collected on you. They recommend kind of clearing your cookies to try to limit collections. So you know, there are things on the margins that people can do to try to protect more
of their privacy. But it's tough, and I think kind of telling lunched officials to kind of work on this is going to.
Be key if it sounds like I've always joked that thank God for the EU. They seem to care about my privacy more than my United States government? Does you know?
It's an interesting question. They do have this, this GDPR. I think there are split opinions on how effective it has been. Some people have said, Okay, it's just created this kind of endless set of clicking, and we don't know if there are actually any.
Serious contract company hate it. The tech companies hate it. And if they hate it, I'm like, well, maybe you know they're squealing. That tells me something.
Yeah, yeah, I know the US is behind on this one. We don't have any federal privacy lows.
So what's next for you, Leanah.
¶ What's next for Lina?
You know, figuring out how to continue this work. I think there's a huge movement afoot, candidly to figure out how do we have our government be more responsive on these economic power issues. I'll be teaching anti trust law and so excited to help train the next generation, but very interested and how do we make sure that people in DC are really hearing from people across the economy and as you put it, you know, not just using the stock markets as a barometer for whether the economy
is working, and how do we make that better? How do we govern better?
Yeah, I'm unfortunately worried that the c has been captured a little bit on this, that there's a little bit of bipartisan capture on markets, on tech, on fear of China being used. Right, every time they want to stop a rate, no, no, no, no, that is going to bet us. It's almost used as a threat. So I definitely, I definitely think that you're going to have plenty of people very curious on what you do next and how much you can amplify it. So good luck and and
enjoy the person you teaching this fall. You're going right back into it. Yeah, all right, Well, there's there's nothing more uplifting than teaching college kids. That's what I have found in it. No matter how cynical you get, right, it sort of it gives you hope. So enjoy that time back in academia. And I hope we talk again.
Thanks so much.
¶ Google AI search says Chuck has Parkinson's disease... he doesn't
So I hope you enjoyed the conversation with Lena Kahan. I want to you know, one of the things that we dabbled in on is the issue of AI right and what what is government's role and how are consumers going to get protected as we advance in AI And as I was preparing, I stumbled on something. And this is going to be come across a bit self surfing serving, and I apologize in advance. I'm not usually interested in trying to insert myself into a story, says the guy
that's trying that's broadcasting on YouTube. But I take anyway, So go ahead and stark at me. I get it, but in all seriousness. So what happened earlier this morning? I was preparing my interview of Lena Khan and I had interviewed Jonathan Canner, who was the head of the Anti Trust Division during the previous Justice Department, and it was an interview I conducted with him when NBC owned my podcast, And so I was looking for it, right,
did the old fashioned Google search? Right, They're seeing if I could find it somewhere archive. I just wanted to see if I could find transcript something of it. And as I'm you know, I rarely I hadn't Googled myself in a while. I was just doing Chuck Todd podcast Jonathan Canter, right, And as I'm typing, you know, Google will helpfully give you other things as you type a person's name, and suddenly the words Duck Todd illness shows up, and I'm like, I wonder what that is. I was curious,
so I hit it. And now, of course everybody has experienced the Google the way the Google pages work. Now you get the AI, you get Gemini's quick summary of the search in your thing. And so when you do Chuck Todd illness, here's what happens. The AI overview ends up saying the following. Chuck Todd, the former host of Meet the Press, is publicly disclosed that he has Parkinson's disease. He revealed his diagnosis in twenty eighteen after being diagnosed
in twenty thirteen. While specific details about the progression of his illness are not widely publicized, there have been reports of symptoms like fatigue, any way changes, as well as a decrease in public appearances. Okay, there's nothing about this is true. I don't I'm not going to say it. I don't feel like i've been you know, this is defamatory. I don't have Parkinson's disease. I get a physical anyway. My point is, none of this is true. I've not
had any illness. I would tell you. Is there something nothing? You know, I've had a few kidney stones that I've gone public with. I've not gone what I've gone. I think I'm up to nearly a year without a kidney stone, but I frequently get those. That's about the worst health problem I've had to deal with. And I'm sitting here going, wait a minute, this is in a this is the AI search. And then of course you can do Chuck
Todd illness update. And then it claims Chuck Todd, who was diagnosed with Parkinson's disease in twenty thirteen, has publicly acknowledged his condition and has been managing it while continuing his media career. I have never publicly acknowledged this because there is nothing to acknowledge. And then it says he shared his diagnosis in twenty eighteen and has since been involved with the Parkinson Association of Central Florida, even serving
¶ The AI confused Chuck with a man named Todd in Florida
as president in twenty twenty one. Not true, says Todd has spoken about his low gluten free diet. That is true, and his exercise routine. That is true, but everything else is not true. It appears that there is a gentleman with the first name of Todd who's involved with the Parkinson Association in Central Florida, So that got conflated. The point is is that here I am, who is going to you know, where does one go? I have sent a note to Google to say, hey, this is all wrong.
I don't know how much more to tell you this is all wrong, and you know it's it's it gets into a large you know, this could have been something, you know, truly defamatory, could have been something horrendous. You could be accused of a crime. You know where do you who?
You know?
Do I can I control what is said about me, especially when it's not true what is said about me? And look, as somebody who's been a public figure, there's been plenty of garbage said about me that hasn't been true, plenty of garbage that has been set about my family
¶ AI tools have been trained on the garbage saved on the internet
that isn't true. And for the longest time we all just sort of ignored it. We figured, oh, you know, it sort of will go, you know, the non truth stuff just sort of goes away and dies. But what has happened with these all these AI tools, these large language models have trained themselves on the garbage that has been saved on the internet. So even if you know, take Gemini. In this AI business, it's probably eighty five percent correct, which is B plus right BB plus material.
The problem is that fifteen percent that is wrong taints at all. And this is the inherent flaw right now. I think in where we are in AI, I hope this is a good lesson right, like the Grock incident
with how quickly you know? And Elon Musk wanted to do He didn't like the answers that groc was giving and he wanted to give new answers, and suddenly he created a Nazi AI persona you know I. You know, maybe by sharing this story more people will to understand is that that AI is not all knowing A has got a lot more flaws right now, and an inherent
¶ AI still has terrible flaws based on the data it trains on
flaw is what you the data you have trained the
AI on right. And Google doesn't fully appreciate that there is a lot of garbage, particularly about public figures that isn't true for a variety of reasons, right, And nobody is saying they have to fact check everything, but you know, there's got to be some form of of truthiness that that is there, and a consumer, whoever it is, an individual has got to have some right to correct you know a right to get this, you know, because this again, I you know, this is not being accused of having
a disease that you don't have, is not you know, it's not going to you know, cause me problems personal whatever it is, that's not the issue. I don't. You know, this is not fair to people that are dealing with Parkinson's whose stories should be told and who's you know, should be and things like that. So I just wanted
to share this story because this is a warning. All right, AI is very flawed right now, Okay, I have a personal experience with it, and clearly Google's AI is not as and yet what is Google doing every time you do a Google search it produces the AI overview. First, I watch my son. He just takes AI overview and just assumes it's fact. And you know, like the early
¶ The dragnet approach to AI can cause people real problems
days of Wikipedia, there's a lot of manipulation still out there. I'm not saying that over time this won't get better as these AI, but to put it out there in public, I mean, this is what happens when these tech companies essentially want to test their technology out in public, sort of let it all crowdsource the problems away. Well, there are people that get caught up in that crowdsourcing of information where you may defame them, you may harm them, you may do harm to them, or you may cause
them so much anxiety they do self harm. So I share the story. I hope Google. I am happy whoever's listening from Google, I am happy to participate. So you guys need to figure out why how this happened. I'm happy to help out in any way if I can help you, Because look, I'm not an AI skeptic. I want to. I want to. This is a probability. You know, I know what AI is. It's not intelligence, it's not
you know, a robot. It is simply probability. Uh, it's it's a probability, uh, sample of of what you know, what's likely to be said next, what's the next word, et cetera. So I'm you know, I'm I am pro
¶ AI products are half baked when released to the public
the concept of continuing to try to make this work. But it's possible. We haven't fully uh Uh. This stuff's half baked and it's being released to the public, probably in an attempt to try to catch up to the folks over at Open AI. Why why Google's doing this and all this stuff? And they're pushing it out there
for for a variety of reasons on that. Maybe it has to do with making it look like they're on Hey, we have AI tools too, but I'm here to tell you this AI tool ain't working the way it's supposed to. And anybody that's been in the public space, like myself, who has had so much bullshit written about them, stuff that's not true. This is how it can all get cobbled together and create literally a fictional story that the only thing that is correct is that I've worked for
NBC and my name is Chuck Tad. All right, let me deal with a couple of questions there. So, Helena Khan, I didn't I would have told you about that, but I didn't want to make the interview about that. But the FTC come on, Where where do we go as citizens to essentially correct when our persona is misidentified and miss h and frankly just wrong by the by by
¶ Ask Chuck
one of these big tech companies on this front. All right, let's do a couple of ask Chucks, Ask Chuck. Okay, first question comes from the Essa in Charleston, South Carolina, home arguably to one of the best eating towns in America, probably at least you know, in the top five, not tops of New Orleans. But it's if I said about Charleston,
¶ Why didn't the administration deport criminal migrants already in prison?
it's New Orleans without the refraff, and yet some of us do like the riffraff in New Orleans. Don't get me wrong, but here's the question. If the Trump administration is so adamant about deporting violent illegal criminals, why didn't they start by clearing out the prison system. Republicans love to use Lake and Riley as their example for ridding America of this dangerous criminals, but her killer, Jose Antonio Evara, is still sitting in a Georgia prison living off of
taxpayer dollars. It seems that if Republicans were serious about cleaning up fraud, waste, and abuse, this would be a good place to start. Instead of rounding up migrant workers from the fields they are working in people off the streets who may actually be US citizens. Am I missing something, Vanessa, You're not. You know, I don't have a good answer to this question other than boy, that's a really What I want to do is send this over to whoever's
going to interview Christino next. Right, this is a ter question that needs to be asked if I get an opportunity to ask anybody in the in the DHS system, whether it's Stephen Miller, who I may you know, whether it's for my newsphere show or here So I did. It's a terrific question and I want to know the answer to that, and hopefully somebody listening also wants to know the answer to that. That is a outstanding observation.
Second question comes from Jeff H. By the way, like you know, if you're absolutely right sidey, that seems to be would probably I bet you if you pulled that question, should American tax dollars be used to how's criminals who are here illegally? I have a feeling I know how that would how that poll question would go. This next
¶ Thoughts on 18 year term limits?
question comes from Jeff H. He says, what do you think about eighteen years for term elaments on senators and representatives? We've got to get people out of these positions before they become decrepit. Jeff, here's all I want to tell you. I'm on Monday next week. I'm dropping an interview with Larry Lessik, who is a Harvard Law School professor who is focused and he's got this campaign finance law that has passed in Maine that the Feds are that some
are trying to say is unconstitutional. But if they successfully argue their case, he thinks he might be able to make super Pack essentially obsolete right by limiting all donations to super packs to five thousand dollars. I'm not going to get into the details of this, but in that conversation, Larry and I talk about the idea of a constitutional convention, because ultimately term limits would have to be put in the constitution. That the only way you can make it constitutional.
And there's a lot of argument to be made. We're due for a constitutional convention. Deal with campaign money, right, things that the Supreme Court is said is unconstitutional, deal with campaign money, deal with age limits, term limits. It's you know, maybe you do it as age limits we have, we have age minimums to run for office, right, twenty five for the House, thirty for the Senate, thirty five
for the presidency. I'd argue those are kind of obsolete now, you know, you know, should there really you know, maybe you just if you're eligible to be in Congress of twenty five, why is there you know, why make a difference on the Senate and the presidency at that point. But if you're going to put in age maximum, since age minimums are in the constitution, age maximums have to be in the constitution. So I think this is a is it eighteen years? I think eighteen years for instance,
is a I'd call that a generation right? And is it eighteen years collectively? Right? That? Or is it eighteen years in each chamber too? That that's another question that some might have. But a good constitutional convention, balance budget amendments another thing where you might have some some people on the right want this, some people on the left want this, you know, just like the original constitutional convention, you would get some interesting compromises. And I'm going to
leave it at there. This is the long one. And on that so I've got a bunch of other questions. We'll save it. We'll save it for We'll save some of them for next week. I promise you know me, I will get to all of them. That is the goal. All right. With that, I hope you enjoy your weekend and I will see you in about seventy two hours or so until we upload again.
