Tech Policy Podcast

Is the FCC an “economics-free zone?” The agency routinely issues regulations that will have a major impact on businesses and consumers. But does the Commission truly weigh the trade-offs — the costs and benefits of its policies? Not nearly enough, says Hal Singer, Senior Fellow at the GW Institute for Public Policy. In an op-ed for the Hill, he charges that this FCC in particular is more preoccupied with politics than economics. What does it mean to be “economics-free?” What can the agency do differently. Evan and Hal discuss. For more, Read Hal Singer's report, "The Curious Absence of Economic Analysis at the Federal Communications Commission: An Agency in Search of a Mission."

Have you ever been wronged by a website? Have you ever wanted to sue it? Before you rush to hire a lawyer, you may wanna check up on federal law first. Back in 1996, Congress didn’t know much about the Internet. But Republicans and Democrats did at least understand that it was important, and that too many lawsuits against websites could mess it up for everyone. That’s why Congress enacted the Communications Decency Act. Section 230 of the law shields websites from liability for the content that users to the platforms. It’s arguably what led to the development of Facebook, YouTube and other user-generated platforms. So what’s the problem? Is Section 230 under attack? Are the courts paving the way for more website lawsuits? Cathy Gellis, a cyber lawyer and tech policy expert, joins the show to discuss.

You’re probably familiar with Uber and ride-sharing. But do you ever wonder why there isn’t something similar for air travel? A plane-sharing app? There was one, actually, but the Federal Aviation Administration shut it down. In December of 2015, the FAA banned flight-sharing, a ruling that forced the startup Flytenow to shut down its platform. Flytenow allowed private pilots to share the cost of flying with passengers going to the same destination by connecting them online. The company has sued the FAA to overturn the ruling, and TechFreedom and the Cato institute filed a brief in support of Flytenow. Evan and Berin discuss.

Today’s media landscape looks nothing like the 1970s. Back then, newspapers, radio, and television were the only games in town. But despite such insignificant developments like Internet news and massive layoffs in traditional print media, FCC rules haven’t kept up with the times. Last month, the FCC voted to retain nearly all rules preventing the cross-ownership of newspapers, broadcast TV stations and radio stations in the same market. Evidence suggests that cross-ownership could help save the struggling print news industry by allowing local media to pool their resources and share newsrooms. Why is the FCC stuck in the past? How will these rules affect diversity in media? Matthew Berry, Chief of Staff for FCC Commissioner Ajit Pai, joins the show to discuss. For more, read Commissioner Pai’s dissent.

It’s no secret that ride-sharing companies like Uber and Lyft have disrupted the taxi industry. While many cities have embraced the fierce competition, others have simply banned ride-sharing outright. But Massachusetts is taking a novel approach — forcing companies like Uber to subsidize their taxi competitors. A new 20 cent tax on ridesharing trips includes 5 cents that goes directly to the taxi industry. If it sounds unfair, then why are both  the companies and Governor Baker (a Republican) supporting it? Should Uber subsidize taxis in other cities as well? What are the downsides? The Manhattan Institute’s Jared Meyer joins the show to discuss. For more, read his article in Forbes.

The wireless industry is gearing up for 5G, the next generation of networks. And don’t let the numbers fool you — 5G speeds are going to be much faster than 4G. But what’s it gonna take to get us from HD streaming to 4K? From augmented to virtual reality? Major obstacles remain in the way. Whether it’s acquiring more spectrum, building small cells, or navigating a web of regulation, carriers face significant hurdles. Can 5G support the “Internet of Things?” What effect will FCC regulations have on deployment? What can government do to help? Peter Rysavy, a wireless technology expert and president of Rysavy Research, joins the show.

When government-run broadband networks in Chattanooga, TN and Wilson, NC sought to expand beyond their cities’ boundaries, they ran into state restrictions. The cities asked the FCC to intervene, but can a federal regulator overturn state laws on broadband? The agency thought so, but the Court disagreed. This month, the Sixth Circuit Court of Appeals struck down the FCC’s 2015 order preempting state laws and dictating how municipalities make decisions with regard to government-run broadband networks. What does this mean for the future of state broadband policy? Should critics of the FCC be encouraged by the Court’s rebuke. Evan and Berin discuss. For more, see our blog post.

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 Manhattan Institute, joins the show to discuss.

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 needs?

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.

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 Forum, joins the show. For more, see his blog post.

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 Statecraft Initiative at the Atlantic Council, joins the show to discuss.

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 Germany joins the show.

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 infrastructure? Bruce and Evan discuss.

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 impact the industry? Evan is joined by Lori Sanders and Caroline Kitchens of the R Street Institute. For more, check out their event on harm reduction.

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 Supreme Court have the final say? Evan and Berin discuss.

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.

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 in investigations involving data stored abroad?

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 constructive democratic effects, or we can start regulating it, impeding it, and discouraging it, and causing everyone who wants to communicate on the internet to look over their shoulder and decide ‘am I going to be punished by my government for speaking freely on my home computer.’” Swarztrauber: “While the first amendment does protect all kinds of speech, I think there was a particular premium on political speech. That was the real goal.”

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.