Tech Policy Podcast

Our national student debt is sittin’ pretty at $1.3 trillion, and the number is rising by $3,000 every second. Can technology help solve the problem of ballooning student debt? Evan is joined by Liz Wessel, CEO of WayUP, a company whose mission is to get every college student the job — or jobs — they need to pay off student debt and have a fruitful career. What makes WayUP different? How is technology impacting the policy debate over student debt? What does this have to do with labor laws on the sharing economy? All that and more on today’s show.

When the encryption debate is so often framed as “Apple v. FBI,” it’s easy to forget that digital security is a global issue. Nonetheless, how the United States decides to handle the issue will have an outsized impact on the rest of the world. Evan is joined by Amie Stepanovich, US policy manager at Access Now, an international civil society group dedicated to human rights in technology. She argues that we need global leadership on encryption, starting with the White House. What does President Obama think about encryption? How are other nations reacting to issues of digital security? For more, check out https://securetheinternet.org/.

While the FCC chooses not to regulate the prices that consumers pay for residential broadband — for now — the same isn’t true for businesses. Special access services are dedicated connections used by businesses to transmit voice and data. The FCC regulates the price of special access lines to ensure they’re provided at “reasonable” rates and terms and conditions. The Commission is looking at updating these regulations, and a new study from Hal Singer, Senior Fellow at GW Institute for Public Policy, warns that the new rules could depress investment in fiber technology. Evan and Singer discuss the study, whether the FCC should be in the rate-regulation business, and what this all means for consumers.

Uber’s surge pricing has come under fire — and not just from drunk passengers who paid exorbitant fares for rides home on New Years’ Eve. A new lawsuit alleges that Uber CEO Travis Kalanick and anyone who signs up to drive for Uber is party to an illegal conspiracy to fix prices. Is surge pricing just a reflection of supply and demand and economics 101? Or is it something nefarious. Jared Meyer, a research fellow at the Manhattan Institute joins the show to discuss. For more, see his article in Reason.

Before the last FCC monthly meeting, GOP Commissioners Pai and O’Rielly (previous guests of the show) struck a deal with Democrat Commissioner Mignon Clyburn on Lifeline. The Universal Service program subsidizes access to communications services for low-income Americans. This rare moment of bipartisanship at the politicized FCC would have extended Lifeline to cover broadband while capping its budget and rooting out fraud and abuse that have long plagued the program. At the 11th hour, Chairman Tom Wheeler pressured Commissioner Clyburn to renege on the deal and rammed through his own proposal on a 3-2 party line vote. What happened behind the scenes? Matthew Berry, Chief of Staff to Commissioner Pai, joins to show to discuss.

Is email privacy finally happening?  Will Congress finally protect the privacy of Americans’ emails? Will law enforcement finally be required to get a warrant before accessing the private files we store in the cloud? After six years, the House Judiciary Committee is finally marking up the Email Privacy Act — which has the support of over 70% of the House. But what will the Senate do? And what about geolocation data? Will we have to wait another six years for that? Evan and Berin discuss.

FCC Commissioner Mike O’Rielly joins the show to discuss the Commission’s foray into privacy. What exactly does the FCC have to do with Internet privacy? Nothing — until recently. Before the agency reclassified broadband under telephone-style regulation in the name of “net neutrality,” the privacy practices of Internet service providers (ISPs) were regulated by the Federal Trade Commission — not the FCC. But, as former FTC Commissioner Joshua Wright noted, the FCC’s Title II reclassification of broadband as a “common carrier” service stole the FTC’s “jurisdictional lunch money.” What does this mean for consumers’ privacy and Internet advertising?

Last week, a pair of Senators introduced a bill that was overwhelmingly described by technology experts as “ludicrous, dangerous, and technically illiterate.” That’s because critics say the bill would effectively ban end-to-end encryption, a basic practice of digital security that protects privacy and cybersecurity but can also be used by terrorists and criminals to avoid detection. The “Compliance with Court Orders Act of 2016” would mandate that a company like WhatsApp, with other a billion users, be able to produce the plaintext of any message sent over its platform. Is this even technically possible? What would happen to companies that refuse to comply? Joining Evan to sort out the details is Julian Sanchez, Senior Fellow at the Cato Institute.

Pre-paid “burner” phones are often associated with the illegal world, whether it’s drug dealing, organized crime, or even terrorism. But for most consumers, they offer legitimate benefits, including privacy protections and an alternative to lengthy phone contracts. In the wake of the Brussels attacks, some lawmakers are turning their sights on burner phones. Congresswoman Jackie Speier (D-CA) recently introduced a bill that would require consumers to present government-issued ID to buy these phones. Is this a legitimate counter-terrorism effort? Or knee-jerk scapegoating of technology? What does an ID requirement mean for social justice? Evan discusses the bill and its implications with Morgan Wright, a cybersecurity expert.

What’s the FCC been up to lately? Short answer: a lot. Luckily for us, a special guest, FCC Commissioner Mike O’Rielly, made time to join the show to discuss broadband subsidies, Netflix throttling, and the agency’s “inquiry” into zero-rating programs. Why did the FCC’s monthly meeting get delayed for several hours last week? Why isn’t the Commission looking into Neflix’s throttling of AT&T and Verizon customers’ video streams? What’s going on with the FCC’s investigation of T-Mobile’s Binge On and other zero-rating programs? All that and more on today’s show.

3D printing is revolutionizing manufacturing, but not without controversy. The technology has made printing guns in your home relatively easy and cheap using open-source code provided by organizations like Defense Distributed. The nonprofit came under fire from the State Department, which alleged that disseminating code to print 3D guns is akin to international arms trafficking. Evan is joined by Randal Meyer, a legal associate at the Cato Institute, which filed a brief in Defense Distributed v. U.S. Dep’t of State. They discuss the case and its implications for free speech, gun rights, and our economy. Is computer code always free speech? Is there a legitimate public interest in banning citizens from printing their own guns? See Cato’s brief here.

How much do the presidential campaigns know about you? Most Americans are probably aware that tech companies and intelligence agencies collect their personal information — albeit for very different reasons. But perhaps less known are the data collection practices of the 2016 campaigns. Evan is joined by TechFreedom intern Ashley Holmes, a graduate student at George Washington University studying global communication. They discuss Big Data in the elections, what the campaigns want with it, and what it means for tech policy.  

Is the FCC f***ing with your Call of Duty? Could strict net neutrality regulation make online video gaming worse? The FCC's Title II reclassification of broadband included a blanket ban on paid prioritization of Internet traffic, even if done at the request of the user. Net neutrality activists called that a win for consumers, but prioritization could improve lag-sensitive services like online gaming, live-streamed sports, and video chatting. Evan is joined by Tom Struble, TechFreedom’s Policy Counsel. They discuss the FCC’s impact on video games and the treatment of Internet traffic. Are all bits created equal?

How friendly is your city to short-term rentals? As Airbnb, Home Away, and other home-sharing platforms grow in popularity, they run into a hodgepodge of local regulations that differ, sometimes even by zip code. Evan is joined by Andrew Moylan, Senior Fellow at the R Street Institute. They discuss Roomscore.org, a new website that grades cities on their home-sharing regulations.

Last week, Netflix copped to deliberately downgrading its video quality for AT&T and Verizon customers for the past five years -- without telling anyone. While the throttling isn't a net neutrality violation per se, since Netflix is not a broadband provider, it looks pretty hypocritical given the company's heated, absolutist rhetoric on the treatment of Internet traffic. It certainly poses serious concerns for transparency, and anti-competitiveness, since Netflix spared T-Mobile and Sprint customers from its throttling. Evan and Berin discuss the "mea culpa," its impact on net neutrality, and whether Netflix committed deception under FTC law by lying to its customers. For more, see Berin's post on Medium.

You may not know much about the most important agency in Washington when it comes to regulating new technologies. The Federal Trade Commission, or FTC for short, is for better or worse, becoming the Federal Technology Commission. This week, FTC Commissioner Julie Brill resigned, leaving a second seat for Congress to fill. What does a second vacancy mean for the agency? Can the agency protect consumers without stifling innovation? Evan and Berin discuss the FTC’s past, present, and future. For more, see Berin’s post on Medium.

Apple’s battle with the FBI in California is on hold for now, but the battle is far from over. This week, a federal magistrate postponed a court hearing on the case scheduled for Tuesday. Initially, the FBI had asked Apple to help it unlock the iPhone of Syed Farook, one of the San Bernardino shooters. But now, the agency is saying it found an “outside party,” rumored to be an Israeli cybersecurity firm, to help unlock the phone. What does this mean for the ongoing debate over tech companies’ cooperation with law enforcement? Evan and Berin discuss. For more, see Berin’s post on Medium.

What exactly is the “sharing economy?” Regulatory battles with Uber and Airbnb make for flashy headlines, but how much do we know about the sharing economy as a whole? Is the term even accurate? Should we be calling it the “gig economy” instead? Evan is joined by Will Rinehart, Director of Technology and Innovation Policy at American Action Forum. They discuss the history of the gig economy, whether it’s really “on the rise,” and what makes Uber and Airbnb different from Etsy and Ebay.

As cities like Chattanooga, TN and Wilson, NC look to expand government-owned broadband networks (GONs) beyond their borders, they’re running into state laws that authorize, but restrict, GONs. How much control should states have over these networks? The FCC says it can overturn specific provisions of state broadband laws under its Section 706 authority to “promote broadband deployment.” But does the FCC actually have this power? Is the agency trampling on states’ rights? That’s what the Sixth Circuit will decide as North Carolina and Tennessee do battle with the FCC in Cincinnati. Evan and Berin discuss the case and what it means for GONs nationwide. Should government even be in the broadband business? Berin briefly (no, really) summarizes the case on the Tech Policy Corner, and provides a full legal writeup, too.

In the future, what will the Internet look like? One playwright imagines The NETHER: a network of virtual reality realms that allow users to log in and indulge in their deepest, darkest desires. These immersive, sensory experiences include behavior that, in the real world, is almost universally regarded as repugnant and illegal. Could virtual reality create an outlet for people to blow off steam? Or will anonymous, virtual behavior only encourage users to engage in the real thing? Evan is joined by Jennifer Haley, playwright for The NETHER. They discuss the play and the tough questions it poses to viewers and tech policymakers.The show’s DC premiere is April 4th. You can buy tickets here.