Tech Policy Podcast

Apple made headlines today by refusing to comply with a federal judge’s order to unlock the iPhone of Syed Rizwan Farook, one of the San Bernardino attackers. In an open letter to customers, Apple CEO Tim Cook explained the importance of strong data security and the dangerous precedent that would set by forcing the company to unlock the phone. Evan and Berin discuss the 1789 All Writs Act, which the FBI claims requires Apple to provide “reasonable technical assistance.” Should that include compromising the security of devices? Are we heading down a slippery slope? And how will the court fight play out?

Online free speech is critical to companies like Yelp and TripAdvisor whose business models depend on consumer reviews. But companies often don’t like what they see on those sites, and can use strategic lawsuits against public participation (SLAPPs) to discourage people from sharing their opinions online. Without anti-SLAPP laws, consumers might end up spending huge sums on legal fees to defend their speech, even when the lawsuits are frivolous. Evan is joined by Moriah Mensah, a recent graduate of Howard University School of Law and a policy intern at the R Street Institute. They discuss the problems with SLAPPs and whether reform efforts like the SPEAK FREE Act will be effective.

This week, India shut the door on Free Basics, a Facebook program that offers free, limited Internet access to people in the developing world. While some activists are hailing the decision as a victory for net neutrality, proponents of zero-rating programs like Free Basics note that 80% of Indians still lack Internet access, and shutting down Facebook’s offering won’t help get them online. Evan and Berin discuss the regulator’s decision, and ask: why didn’t the regulator actually address the challenge of getting Indians online? Can zero-rating actually provide an on-ramp to the full Internet?

Is broadband being deployed in a “reasonable and timely manner” in the United States? From 1998 on, the FCC always said yes. But in 2010, the FCC abruptly reversed course, declaring market failure. The agency immediately used those findings to increase its authority and justify more Internet regulation. Special guest FCC Commissioner Ajit Pai joins the show to discuss the state of broadband in America, why the FCC ignores the good news on deployment, and the increasing politicization of a supposedly independent agency.

Section 702, a US foreign surveillance program, is set to expire at the end of 2017. While privacy advocates are crying out for reform or repeal, intelligence agencies say this could hamper their counter-terrorism efforts. Evan is joined by Nathan Leamer, a policy analyst at the R Street Institute. They discuss the effectiveness of foreign surveillance, how Congress oversees intelligence agencies, and what oversight reform should look like.

On surveillance, is Europe unfairly picking on the United States? The Snowden leaks focused outrage on the NSA, but some experts say that the European Union and privacy advocates should focus on the real offenders like Russia and China — and argue that Europe’s surveillance and law enforcement agencies may have even easier access to Europeans’ data than is true in the U.S. Evan is joined by Stewart Baker, a partner at Steptoe & Johnson and formerly the Assistant Secretary for Policy at the Department of Homeland Security. They discuss transatlantic data flows, what the EU has in common with North Korea, and Stewart’s proposed Europocrisy prize.

The 1996 Telecom Act turned twenty today — and was obsolete even before the ink was dry. Congress has tried and failed to update it, leaving the FCC to struggle with outdated technological silos and try to “modernize” the Act on its own. Big questions surrounding FCC censorship, broadband competition, and Internet regulation remain unanswered. Berin and Evan discuss what the Act got right, what it got wrong, and what a #CommActUpdate should look like.

The swift rise of vaping has given many smokers a safer alternative to tobacco products, but regulations and taxes could slow this growth — or even put the industry out of business. Evan is joined by Paul Blair, State Affairs Manager for Americans for Tax Reform. They discuss the public health benefits of vaping and how governments are reacting to this disruptive technology.

With the success of the Internet in the United States, it’s easy to forget that 4 billion people around the world still lack access, including 80% of Africa. Evan is joined by Evelyn Smith, a research associate at the American Enterprise Institute and co-editor of TechPolicyDaily.com. They discuss mobile deployment in Africa, the role of regulation and censorship, and what net neutrality means to the developing world.

How private are your emails? The answer may surprise you, as the law that governs much of our electronic privacy was written in 1986! It’s so outdated that law enforcement and government agencies can often read your emails without a warrant, despite Constitutional protections. Evan is joined by Chris Calabrese, Vice President for Policy at CDT. They discuss email privacy reform, why it’s stalling in Congress despite widespread support, and what states are doing to reform surveillance in the absence of federal action.

Ever since 1998, Congress has banned state and local governments from taxing Internet access. The Internet Tax Freedom Act has been renewed six times, and there is widespread bipartisan support for making it permanent. But that effort has hit a roadblock, as the bill is being held hostage by Senators who want to impose online sales taxes. Evan is joined by Katie McAuliffe, Executive Director of Digital Liberty. They discuss the Internet tax hostage crisis, the problems with online sales taxes, and what the FCC’s “net neutrality” rules have to do with broadband fees.

In this episode, space law! -- yes, it's a thing. Berin is joined by long-time space lawyer Jim Dunstan. They discuss the history of space law, the first opening pitch of a baseball game in space, and the future of NASA.

The hot topic at the 2015 Consumer Electronics Show was connected devices: our cars, our refrigerators, and even our coffee makers having Internet connections. This presents a unique challenge to cybersecurity, as criminals and foreign governments will have even more ways to hack into our information. Evan is joined by Shane Tews, a visiting fellow at the American Enterprise Institute. They discuss the “Internet of Things,” the “year of the hack,” and what 2016 will mean for cybersecurity.

Uber, Lyft, and other sharing-economy companies are facing lawsuits all over the world, especially over the way they classify their workers. While the independent contractor model has driven much of their early success, it may not be the way of the future. Evan is joined by Jared Meyer, a research fellow at the Manhattan Institute. They discuss Lyft’s recent court settlement, a “third way” labor model, and ongoing efforts to unionize the sharing economy.

Companies have many ways of enticing and incentivizing customers, including through coupons. At the grocery store, this practice is uncontroversial. But in the digital world, zero-rating, sponsored data, and “Internet coupons” have caused an uproar, as critics say they violate net neutrality. Evan is joined by Roslyn Layton, a Ph.D fellow at Aalborg University in Copenhagen. They discuss the debate over zero-rating, its impact on the world, and the prospects for regulation.

You might think that a company giving stuff away for free would be a cause for everyone to celebrate. But that isn’t the case with TMobile’s new unlimited video offering, “Binge On.” Evan and Berin discuss whether Binge On passes the “net neutrality” test, how TMobile landed in hot water with activists, and how this case will impact the future of sponsored data plans.

Since Snowden’s revelations about US surveillance in 2013, not much has changed — at least, for Europeans. Europeans are rightly outraged. Late last year, Europe’s highest court struck down a key 2000 agreement that allows tech companies to send consumer data across the Atlantic. Evan and Berin discuss how American can avoid a digital trade war with Europe by better protecting the privacy of Europeans — starting with the Judicial Redress Act, which stalled in the Senate yesterday.

Uber is at war with regulators all over the country, especially in New York City. Evan is joined by Jared Meyer, a research fellow at the Manhattan Institute. They discuss Uber's spat with NYC mayor Bill de Blasio, how ridesharing relates to progressive values, and the changing nature of work.

What did the Democratic candidates have to say about tech policy in the most recent debate? Not much, but that didn’t stop us from giving some cheers and jeers! Evan and Berin discuss O’Malley’s defense of privacy, Bernie’s jab at tech companies for data collection, and Hillary’s common ground with Jeb! on encryption.

Last night’s debate featured a major rift between Sens. Marco Rubio (FL) and Ted Cruz (TX) on the issue of government snooping on Americans. Evan and Berin discuss the Edward Snowden leaks, the election flare-up on surveillance, Jeb!’s chances of convincing Apple to break encryption, and the balance between cyber- and national security.