Tech Policy Podcast

Data plays an increasingly important role in our criminal justice system, yet there are serious inequalities in prosecutors’ and defendants’ rights of access to it. Rebecca Wexler, assistant professor of law at the University of California, Berkeley, School of Law and faculty co-director of the Berkeley Center for Law & Technology, joins the show to discuss the growing role that data plays in criminal investigations and trials; the asymmetries in access to data, code, and more; and how we might reform the criminal justice system’s approach to science and technology.

The events of the last few years have shown the clear impact that movements beginning online can have in the real world. Social media platforms, as well as the legacy media and the government, have struggled to adapt to this development. Martin Gurri, former CIA analyst, Mercatus Center visiting research fellow, and author of The Revolt of the Public and the Crisis of Authority in the New Millennium, joins the show to discuss the technologically driven fragmentation of narratives, what this means for society, and the broader challenges facing political and media elites and institutions. For more, check out The Revolt of the Public, see Martin’s work in Discourse Magazine, and read his recent article on the rise of post-journalism in City Journal.

China’s approach to surveillance, particularly its dystopian-sounding Social Credit System, has raised serious human rights concerns, particularly in its treatment of minority groups. Sheena Chestnut Greitens, associate professor at the University of Texas’s Lyndon B. Johnson School of Public Affairs and non-resident senior fellow at the Brookings Institution, joins the show to discuss China’s surveillance policies and the influence it could have on privacy around the world.

What can the tech industry expect from the incoming Biden administration? Emily Birnbaum, tech policy reporter at Protocol, joins the show to discuss President-elect Biden and his team’s likely approach to antitrust, Section 230, the gig economy, and artificial intelligence.

Policymakers across the political spectrum are using antitrust law to attack established companies’ acquisitions of smaller competitors. But are these “nascent acquisitions” inherently harmful? Asheesh Agarwal, TechFreedom’s deputy general counsel and competition counsel, and Andy Jung, a law clerk at TechFreedom, join the show to provide some historical context. They argue that nascent acquisitions often benefit both entrepreneurs and consumers. For more, see their new paper, The Long and Successful History of Nascent Acquisitions Suggests Caution in Rethinking Antitrust Enforcement.

The Global Antitrust Institute’s Report on the Digital Economy is out! Berin Szóka, the founder of TechFreedom, returns to the show to discuss his chapter, Section 230: An Introduction for Antitrust & Consumer Protection Practitioners. On tap: the history of Section 230; how it applies in antitrust and consumer-protection cases; l’affaire Federalist; adventures in futile litigation; Internet Darwinism; and more. Be sure to check out the full GAI report.

Social media content moderation has been a hot topic for policymakers throughout the election, with a particular focus on the liability protections offered by Section 230 of the Communications Decency Act. Billy Easley, senior policy analyst at Americans for Prosperity, joins the show to discuss how proposals to limit the scope of Section 230 would harm free speech online, particularly for marginalized communities. For more, see his recent op-ed in Slate.

The data that we generate in our everyday lives can be immensely useful, but it’s vital that any use of that data carefully protects privacy. Sunny Seon Kang, senior privacy counsel and head of policy at Inpher, joins the show to discuss how data can benefit commerce, healthcare, finance, and more, while still maintaining user privacy.

Last week, the Department of Justice and eleven Republican state attorneys general filed a lawsuit alleging Google has used anticompetitive practices to maintain a monopoly. TechFreedom deputy general counsel Asheesh Agarwal and president Berin Szóka join the show to discuss the problems with the lawsuit and the broader issues within competition policy. For more, see TechFreedom’s work on the subject, including a press release on the lawsuit, an op-ed in The Federalist on the economic harms of overly aggressive antitrust, and comments on DOJ and FTC draft vertical merger guidelines.

While 5G technology is being rolled out across the country, some have been dissatisfied with the speed at which the revolutionary next step in wireless Internet has been deployed and have suggested that the federal government step in directly. Nathan Leamer, vice president at Targeted Victory and former policy advisor to FCC Chairman Ajit Pai, explains the flaws in nationalization and highlights the work already being done by Congress and the FCC to enable 5G deployment by the private sector. @NathanLeamerDC

Between heavy government regulations, a competitive marketplace, and an uncertain economy, the early stages of an innovative start-up are full of risks that could stifle beneficial new technology. Nina Archie, founder of Innovator Connector, joins the show to discuss threats to innovation, the possibilities of public-private partnerships, and the role innovation will play in shaping the labor market.

With the approaching election, preventing the spread of online misinformation is especially important. Heather West, head of Americas policy at Mozilla, joins the show to discuss how misinformation spreads, how platforms are dealing with it, and how this ties in to the broader discussion on content moderation.

Legislators on both the left and right have raised concerns over the control a few major platforms have over online speech. Is breaking up those platforms a way to protect free expression on the Internet? Neil Chilson, Senior Research Fellow for technology and innovation at the Charles Koch Institute and former acting chief technologist at the FTC, joins the show to discuss the problems with this approach. For more, see his essay on the subject.

With policing reform at the center of the country’s attention, it’s critical to examine the ways in which the state’s use of technology can enable abuse and discrimination. Joe Miller, president and CEO of the Washington Center for Technology Policy and Inclusion and host of the WashingTech podcast, joins the show to discuss the roles that body cameras, facial recognition, and other technologies play in government surveillance. Follow him on Twitter @joemillerjd

This is the story of two brilliant Black women — Aerica Shimizu Banks and Ifeoma Ozoma. Pinterest, the company they gave their talents and dedication to, mistreated them and discriminated against them. Pinterest still hasn't done right by them.  You can read coverage of their story in The Washington Post, The Business Insider, The Protocol, Politico, The LA Times, Forbes, NPR, USA Today and many other outlets. Here is the Statement from The Color of Change. Follow Aerica and Ifeoma on Twitter at @erikashimizu and @IfeomaOzoma

The current economic and social upheaval has made cryptocurrency more important than ever, Andrea O’Sullivan, director of the Center for Technology and Innovation at the James Madison Institute joins the show to discuss the latest policy developments in the area, as well as an update on the state of tech policy in Florida.

Given the importance of staying home to minimize the spread of the coronavirus, telehealth is more vital than ever. Recently, the federal government has eased regulations to allow easier access to alternatives to in-person doctor visits. Rene Quashie, Vice President of Digital Health for the Consumer Technology Association, joins the show to discuss the implications of these regulatory rollbacks, particularly with regard to privacy. For more on the subject, see CTA’s guiding principles on digital health.

While 5G wireless technology is beginning to be rolled out, we’re only just starting to see how new innovations will affect our lives. John Godfrey, senior vice president for public policy at Samsung Electronics America joins the show to discuss what Samsung’s work in 5G innovation and how the technology will influence the future of work and society as a whole, as well as the company’s efforts during the COVID-19 pandemic.

Spectrum allocation can make or break the development of new wireless technologies like 5G, but in recent years, interagency conflicts have held up the policymaking process. Nathan Leamer, vice president at Targeted Victory, joins the show to discuss how these conflicts hold back innovation, and to answer once and for all whether 5G caused the coronavirus (spoiler alert: it didn’t).

Given the importance of economic impact in informing policy decisions, the Technology Policy Institute focuses on economic analysis within the tech policy space. The organization’s president Scott Wallston and senior fellow Sarah Oh join the show to discuss their policy work, the COVID-19 Economic Impact Dashboard, and this year’s Aspen policy forum.