Tech Policy Podcast

The GOP’s 2016 platform says that Obama “threw the internet to the wolves, and they — Russia, China, Iran, and others — are ready to devour it.” Well, that’s a little harsh, but there are serious concerns about the United States transferring control of the Internet’s domain name system to an international, multi-stakeholder body: the so-called “IANA transition.” Is the transition a good idea? Does the plan have the safeguards needed to protect free speech, ecommerce, and the hallmarks of an open Internet? Brett Schaefer, Research Fellow in International Affairs at the Heritage Foundation, joins the show to discuss.

Is encryption really a problem for law enforcement? If so, what’s the solution? In recent months, the FBI has faced legal pushback over its use of hacking to obtain evidence. What do these legal challenges mean for the future of law enforcement hacking? Evan is joined by Adam Klein, Visiting Fellow at the Center for a New American Security and International Affairs Fellow at the Council on Foreign Relations. They discuss the FBI’s legal woes and whether “legal hacking” is the future of the crypto debate. Does a defendant have a right to know how law enforcement hacked them? Does the government have a legitimate interest in keeping its methods a secret?

Imagine a broadband network that's smart. It teaches itself. It repairs itself. And maybe, it's even self-aware. No, we're not talking about Skynet, but software-defined networking (SDN) has the potential to completely transform our Internet infrastructure. Since the birth of the commercial Internet, network upgrades, modifications, and repairs almost always involved on-the-ground engineers and technicians making changes. But companies are already working on virtualizing those functions. Soon enough, it may all be in the cloud. A transformation like this is hardly simple, so who would make such a massive investment? Who would take such a gamble? Evan is joined by Mazin Gilbert, Assistant Vice President of Intelligent Services Research at AT&T Labs. They discuss how AT&T is approaching SDN and what it means for customers, businesses, and the world.

Should the FBI need a warrant to look at your browser history? What about other records about how you use the Internet? Recently, Sens. John McCain (R-AZ) and John Cornyn (R-TX) proposed an amendment dubbed the “ECTR fix” that would allow the FBI to access electronic communication transactional records, such as email metadata, without a court order. Evan is joined by Jadzia Butler and Gabe Rottman of the Center for Democracy & Technology. Is the ECTR fix really just about correcting a typo? Are there any problems with the current system for obtaining these records? For more, see Jadzia and Gabe’s blog post.

When it comes to the Internet of Things — think connected cars and coffee makers — is there a role for government? If so, what should that be? Increased interconnectivity has the potential to transform our economy, but it also poses serious questions around cybersecurity and interoperability. Evan is joined by Joshua New, a policy analyst at the Center for Data Innovation. They discuss government’s role in the Internet of Things and how regulation can be effective without hindering innovation. For more, see Joshua’s white paper.

Here's to 100 episodes! Evan and Berin discuss their big milestone, their recent travels to Europe, and fallout from the court decision on net neutrality. Are the FCC's regulations now written in stone? Is there any hope for an appeal? What can Americans learn from Europe's approach to net neutrality? Will the podcast finally get cancelled? Will Berin finally fire Evan? All that and more on today's special episode.

Who should set the price of broadband? Businesses, or the government? While the FCC doesn’t (yet) regulate the price of your home Internet connection, the agency isn’t so hands-off when it comes to business broadband. Now the agency is looking to extend monopoly-era copper price regulations to next-gen fiber and cable services. Why? The FCC says there isn’t enough competition in the market. Our guest disagrees. Bruce Mehlman, co-chairman of the Internet Innovation Alliance, joins to discuss. Is the market as uncompetitive as the FCC claims? Are new rules even needed? For more, see Bruce’s op-ed in Morning Consult.

Given the success of tech in the sharing economy, you might be asking yourself: why don’t we have Uber for planes? Well, we might have, but the Federal Aviation Administration banned Flytenow and other flight-sharing websites. Ironically, it’s perfectly legal to share empty seats on a plane through word of mouth or posting on a bulletin board, but as soon as the Internet gets involved, the FAA says no. What’s going on here? Jared Meyer, research fellow at the Manhattan Institute and author of Uber Positive: Why Americans Love the Sharing Economy, joins the show to discuss what happened to Flytenow and what the future of plane-sharing looks like.

With recent budget cuts to NASA, exploration of the final frontier has increasingly fallen to the private sector. But what kind of regulatory environment are commercial spaceflight companies facing? Evan is joined by Aaron Oesterle and Cody Knipfer of the Space Frontier Foundation. They discuss the past, present, and future of space regulation. What are the challenges facing the industry? What role does Russia play?

When we talk about hotels and the sharing economy, it’s usually about the hotel industry’s war against Airbnb, HomeAway, and other home-sharing sites. But today, we’re talking about the good news story of Recharge, a tech company that enables consumers to rent hotel rooms for a few hours, or even a few minutes. What’s behind this latest innovation in what otherwise looks like a stagnant industry. Jared Meyer, research fellow at the Manhattan Institute and author of Uber Positive: Why Americans Love the Sharing Economy, joins the show to discuss. Why does the company see Starbucks as its biggest competition?

With all the headlines around cyber attacks, there’s a lot of confusion and myths surrounding data security. Sometimes, the simplest explanation is the right one, and cybersecurity isn’t always as complicated as it seems. Human error and physical-world problems play a large role, and not all cyber attacks are created equal. Joining Evan to bust through some common myths is Taylor Barkley, Assistant Director of Outreach for Tech Policy at the Mercatus Center. Does cybersecurity really start with you?

Email privacy reform passed unanimously in the House, but the Email Privacy Act has hit a snag in the Senate. Though the bill’s core mission — requiring warrants before law enforcement can access Americans’ online communications — is largely uncontroversial, some Senators are pushing an exception that would allow law enforcement to bypass warrant requirements in an emergency. Evan is joined by Jim Trainum, former police officer and co-chair of the Constitution Project’s Policing Reform Committee, who argued in a recent op-ed in The Hill that the emergency exception is both harmful and unnecessary. Is email privacy at an impasse? Can a compromise be reached?

Digital activism is often little more than trending hashtags and caps-locked arguments that devolve into Hitler comparisons, but a new company is hoping to take advantage of the connective power of the internet to form effective, local groups around specific issues. Evan is joined by Clearvoter Founder Michelle Ray to discuss how her organization plans to turn slacktivism into activism.

If you get hacked, should the government hack back? Recent efforts have been made to fight the use of illegal botnets, but many privacy advocates are concerned that these policies will excessively expand government hacking powers and impede legitimate security research. Evan is joined by Drew Mitnick, policy counsel for Access Now, to discuss the proposals. Can government fight illegal botnets without harming privacy? Should government need your permission to hack on your behalf?

Tech policy has gotten scant attention in the 2016 election, but Uber and the sharing economy are starting to break through. While Trump hasn’t said much, if anything, about ride sharing, erstwhile Republican candidates like Marco Rubio, Jeb Bush, and Carly Fiorina spoke favorably about the on-demand economy and urged government to largely stay out of the way. If the GOP is generally pro-Uber, are Democrats less uniform in their approach? How do Sanders and Clinton feel about the sharing economy? What about high-profile Dems like Elizabeth Warren. Evan is joined (again…) by Manhattan Institute fellow Jared Meyer to discuss Uber in the election and his new book Uber-Positive: Why Americans Love the Sharing Economy.

The media and advertising markets are more competitive than ever, and it’s been awhile since radio, TV stations, and newspapers were the only games in town. As competition from the Internet is ever increasing, traditional media must adapt. Joint sales agreements (JSAs) allow two broadcast stations to have the same advertising sales force, which can increase efficiency and cuts costs. But the FCC’s media ownership rules have long restricted JSAs and other business practices like having radio and TV stations buy newspapers. Recently, a court threw out the FCC’s JSA rules over the agency’s failure to review its media ownership policies as mandated by Congress. Matthew Berry, chief of staff to FCC Commissioner Ajit Pai, joins the show to discuss the case. Where did the FCC go wrong?

There are two kinds of states: those that recognize home sharing, and those that pretend it isn’t happening. While regulations that provide a framework and certainty for an industry can actually be good companies like Airbnb and HomeAway, the devil is always in the details. Recently, Arizona passed a law on home sharing, and Carl Szabo, Policy Counsel for NetChoice, says other states should follow the Grand Canyon State’s example. Carl and Evan discuss the bill and how it differs from approaches in other states and cities. Should states have the final say on home sharing? Can localities be trusted to avoid regulatory capture? For more, see Carl’s op-ed in the Tech Policy Corner.

How are states handling the controversial issue of regulating daily fantasy sports, including companies like DraftKings and FanDuel? As the industry has exploded in popularity, state lawmakers, attorneys general, and gaming commissions have taken different approaches. While some states have enacted outright bans, others are grappling with how to regulate a relatively new industry that claims its products are skill-based rather than games of chance. Chris Koopman, research fellow at the Mercatus Center, returns to the podcast to discuss the latest developments in the wild world of online fantasy sports. For more, see our previous episode on this topic.

If you’re looking for a nuanced, thoughtful debate on government surveillance, you probably won’t find it in Congress. But look no further than American high schools. Jenna McLaughlin, a national security and surveillance reporter for The Intercept, immersed herself in a major high school debate competition. She found the arguments to be much more substantive and scrutinized than the claims about surveillance made in the halls of Congress. She and Evan discuss her feature article, high schoolers’ views on surveillance, and how different generations view the issue.

Spokeo is a search engine for people. But unlike your phone book, Spokeo claims to glean its information from public databases, such as social media profiles. So when the site allegedly posted false info about Thomas Robins, he sued. On May 16, the Supreme Court issued its decision in Spokeo v. Robins, the latest in a line of cases where the Court tries to flesh out when a plaintiff is allowed to sue in federal courts — that is, whether the plaintiff has "standing." Evan is joined by Adam J. White, a research fellow at the Hoover Institution and of counsel at Boyden Gray & Associates. They discuss the case and its implications for tech policy. Why are big players like Google and Facebook so interested in the outcome?