Tech Policy Podcast

While the use of algorithms has proven incredibly valuable in a range of applications, their implementation can often lead to harmful discriminatory outcomes. Dr. Ignacio Cofone, assistant professor at McGill University Faculty of Law, joins the show to discuss how this happens, as well as potential policy solutions for minimizing discrimination without hindering the use of algorithms. For more, see his papers: “Antidiscriminatory Privacy,” “Algorithmic Discrimination Is an Information Problem,” and “Nothing to Hide, but Something to Lose,” and his op-ed in the Hill, “Privacy Law Needs Privacy Harms.”

E-cigarettes have provided an important harm-reduction tool in lessening the health hazards of smoking. Despite this, many government agencies and public health organizations have engaged in advocacy that has muddied the waters over the subject, including fearmongering over ingredients,  overstating the extent of youth vaping, and misrepresenting cases of vaping-related illness and death. To discuss recent problems with the World Health Organization’s approach, Ash is joined by the R Street Institute’s harm reduction policy team: Chelsea Boyd, a research associate, and Carrie Wade, the team’s director.

California has often been among the most active states in passing new legislation to regulate the tech industry. These policies can potentially impact not just Californian consumers and companies, but those across the United States. Cathy Gellis, a lawyer in the Bay area, joins the show to discuss the latest developments in the west coast affecting privacy, the sharing economy, and free speech.

Encryption is a vital tool, not just for privacy, but for cybersecurity as well. However, law enforcement and legislators have been pushing to undermine access to encryption, often in the name of preventing crime and protecting children. Jim Baker, director of national security and cybersecurity at the R Street Institute and former general counsel for the FBI, joins the show to discuss the latest threat to encryption. For further information, see his recent post on Lawfare.

As new niches in the sharing economy develop and provide consumers with new opportunities, governments at both the national and state level continue to attempt to keep up with their laws and regulations. Spence Purnell, policy analyst at the Reason Foundation, joins the show to discuss new Florida legislation that would create a framework to regulate car sharing services.

The American tech industry has led the world in innovation, in part because principled decisions by the industry. However, government officials have increasingly applied pressure on the industry to compromise user privacy and limit online speech. Jesse Blumenthal, vice president of technology and innovation at Stand Together, joins the show to discuss the organization’s “Principles for Continued American Tech Leadership,” which aims to guide the tech sector in making ethical decisions and resisting regulatory threats.

The liability protections in Section 230 that make digital free speech possible have faced nearly constant threats from both sides of the aisle. Late last year, Sen. Josh Hawley introduced the Ending Support for Online Censorship Act that would require the government to certify that platforms were being neutral in their content moderation. Diane Katz, senior research fellow in regulatory policy at the Heritage Foundation, joins the show to discuss the challenges of assessing bias and the threats Hawley’s approach poses to free speech. For more, see her recent paper on the legislation.

One of the largest challenges online platforms face is finding the best approach to content moderation on a large scale. Aerica Shimizu Banks, public policy and social impact manager at Pinterest, joins the show to discuss how Pinterest has built its platform, the challenges of content moderation, and the importance of Section 230 for digital speech.

While 5G continues to be a major buzzword within the wireless industry, 2020 will likely see important steps forward in bringing the new technology to consumers. Marie Sylla-Dixon, vice president of federal government and external affairs for T-Mobile, joins the show to discuss the company’s work, including the “5G for Good” program, which aims to ensure that first responders, students, and other underserved communities have access to quality Internet connections. Note: This podcast was recorded on November 25, 2019. Since then, T-Mobile has launched a nationwide 5G network on December 2, 2019.

The gig economy has given workers important new opportunities to earn extra income or work a job that gives them freedom over their schedule. However, a recent push from several state legislatures to reclassify contractors as employees threatens the flexibility that’s made the gig economy so valuable to both workers and consumers. Patrice Onwuka, Senior Policy Analyst at the Independent Women’s Forum, joins the show to discuss the potential consequences of the new legislation. For more on the subject, see her recent post on the California legislation.

Deep fake technology, which uses artificial intelligence to convincingly alter video, has become the source of the latest panic over the spread of misinformation. While the technology can certainly be put to creative and entertaining uses, are those benefits outweighed by the threat it poses to democracy and the media? Or is it simply the next step in a history of deceptive practices that we’ve managed to adapt to? Taylor Barkley, program officer of technology & innovation at Stand Together, joins the show to discuss. For more, see his recent post in Human Progress.

Despite the fact that the Internet is more intertwined with our daily lives than ever before, far too many people in America lack a reliable connection and are left behind. Karima Zedan, Vice President of Digital Inclusion and Internet Essentials at Comcast, joins the show to discuss how Comcast is working to bridge the digital divide by offering low-cost service, the option to purchase a heavily subsidized computer, and providing digital literacy training opportunities in partnership with nonprofits around the country in an effort to expand access.

As the technology behind self-driving cars becomes increasingly viable for more widespread use, lawmakers and regulators have grappled with creating a legal framework for them. Jamie Boone, Vice President of Government Affairs at the Consumer Technology Association, and Ian Adams, Vice President of Policy at TechFreedom, join the show to discuss the current regulatory landscape for autonomous vehicles at the state and federal levels.

Despite an ever-growing body of evidence showing that e-cigarettes are far less harmful than traditional combustible cigarettes and can serve as a valuable smoking cessation tool, efforts continue to restrict or outright ban them in the name of public health. Paul Blair, director of strategic initiatives at Americans for Tax Reform, joins the show to discuss the latest developments in vaping regulation. For more on the subject, see Blair’s work and Tech Policy Podcast episode #213.

Last year, Congress passed SESTA/FOSTA, legislation intended to help law enforcement fight sex trafficking online. However, as numerous experts (including us) predicted, the law has ultimately pushed sex workers into more dangerous practices and made online platforms less likely to assist law enforcement due to fear of liability. Kendra Albert, clinical instructional fellow at the Cyberlaw Clinic at Harvard Law School, joins the show to discuss how the law has backfired and what to expect in the legal challenges against it. For more, see episodes #189 and #218 of the podcast, and Albert’s work at Harvard.

Apps increasingly rely on user location data as part of their services, but how private is that data kept? Ash is joined by Tom Lee, policy lead at Mapbox, which provides mapping and location services to a range of companies including Snapchat, TikTok, and the Weather Channel. Lee discusses how Mapbox provides useful location services while still protecting user privacy, and how the US can develop privacy laws to help preserve this balance.

On the previous episode of the show we covered a new legal concept of information fiduciaries and how it can apply to tech policy. Today we are diving in deeper and applying the concept to privacy with Lindsey Barrett, staff attorney and teaching fellow at the Institute for Public Representation Communications & Technology Clinic at Georgetown University, joins the show to discuss the difference between American and European views on privacy, and how a privacy policy based around the concept of information fiduciaries might look in the US. For more, see Barrett’s recent paper on the subject.

The reaction against the ever-growing amount of information collected by tech giants has led to proposals ranging from self-regulation to strict GDPR-style privacy, and even the potential break-up of larger companies. But could treating tech companies as information fiduciaries — creating a legal obligation to be trustworthy in their use of our data — help solve this privacy problem? Ash is joined by Jack Balkin, Knight professor of constitutional law and the First Amendment at Yale Law School and founder Yale’s Information Society Project,  and Mike Godwin, senior fellow of technology and innovation at the R Street Institute. For more, see Balkin’s work on the subject (law review article, website, Balkinization blog), and Godwin’s book, The Splinters of our Discontent.

Growing anti-tech sentiment both in the government and the general public has led to calls for policies that threaten to stifle innovation. Despite this rising techlash, there’s reason to be optimistic about the future of innovation, according to Jesse Blumenthal, director of technology and innovation policy at the Charles Koch Institute, who joins the show to discuss the latest developments in consumer privacy, antitrust, social media bias accusations, and more. For more, see CKI’s work on tech and innovation, and the Pessimists Archive podcast.

As the consumer privacy debate rages on in the policy world, DuckDuckGo has made a name for itself by providing a range of privacy-protecting tools and services for consumers. DuckDuckGo CEO and Founder Gabriel Weinberg joins the show to discuss how users are tracked online, as well as what both DuckDuckGo and upcoming legislation are doing to change that. For more, see DuckDuckGo’s Do Not Track Act model legislation, their coalition letter in support of the Privacy for All Act, and our most recent episode on the encryption debate.