Berkeley Technology Law Journal Student Podcast

Today, we are excited to share a conversation between Berkeley Law 3L student Eric Ahern and Audrey Mitchell, a current fellow with Berkeley's AI Policy Hub and a 2L student here. Audrey brings a unique interdisciplinary perspective to the conversation around AI and the future of litigation, combining her background in STEM with legal experience in patent litigation and public interest tech law. At Berkeley's AI Policy Hub, Audrey has been leading innovative research on how artificial intelligence is reshaping civil and criminal litigation—and whether our current legal rules are equipped to keep up. In this episode, we will explore the impact of AI-generated evidence on courtroom procedure, how judges are grappling with issues like authentication and bias, and why procedural safeguards—like discovery and transparency—matter more than ever in the age of machine-generated proof. This episode will be Part I of a two-part series on AI and rules of evidence. Whether you're a technologist, a lawyer, or simply curious about how the law is adapting to AI, this series will offer an accessible and thought-provoking look into the legal system's evolving relationship with artificial intelligence. We hope you enjoy the podcast!

AI and Music Copyright Law with Professor Judith Finell by The BTLJ Podcast

Tech Courts, Judicial Education, and Post-Chevron Regulation: Exploring Solutions with Professor Michele Neitz by The BTLJ Podcast

Section 230, Free Speech and the Internet with Dean Erwin Chemerinsky by The BTLJ Podcast

Berkeley Law LLM student Franco Dellafiori, and Professor Bertrall Ross sit down to discuss how artificial intelligence will impact elections like the November 2024 one and the state of our general democracy for years to come. Professor Ross is a Professor of Law at the University of Virginia and the Director of UVA's Karsh Center for Law and Democracy. Previously, Professor Ross taught at our very own Berkeley Law, where he received the Rutter Award for Teaching Excellence. Professor Ross continues to be a great mentor to students by telling them, candidly, whether Chat GPT will tell them how to vote in today's democracy.

On this episode of the Berkeley Technology Law Journal, we sat down with Professor Rebecca Wexler to discuss the intersection between reproductive justice and data privacy. In June 2022, the Supreme Court issued a ruling in Dobbs v. Jackson Women's Health Organization. Dobbs overturned Roe v. Wade and Planned Parenthood v. Casey's holdings that the US Constitution grants a right to an abortion. Shortly thereafter, Professor Wexler co-authored with Professor Aziz Huq an article in the New York University Law Review titled “Digital Privacy for Reproductive Choice in the Post-Roe Era. Today, Professor Wexler reflects on that piece and on the need for an evidentiary privilege to shield reproductive data from use in criminal investigations. We hope you enjoy the podcast. Record 3/08/2024.

Join host Gayathri Sindhu as she interviews Professor Colleen Chien, a trailblazer in intellectual property and technology law with a career marked by fascinating achievements and obstacles overcome. They dive into Professor Chien's new "Law and Governance of AI" course, taught for the first time at Berkeley Law in the spring of 2024, and explore her groundbreaking study on the transformative power of generative AI in legal aid. This episode offers an inspiring and insightful look at the future of law and technology.

Berkeley Law Professor, Talha Syed, discusses the impending antitrust lawsuit against Apple. Professor Syed, an expert in political economy, antitrust, and intellectual property, takes us on a journey through the history of antitrust and how we got to the current moment, one where the government is reevaluating antitrust law and its specific application to big tech. Professor Syed reveals his thoughts and assessment of the new Brandeis movement, headed by Lena Khan and Jonathan Kanter of the FTC and DOJ. He also shares his perception of the merits of an antitrust challenge to Apple and what the case could mean for the future of big tech. We hope you enjoyed the podcast.

Google, Facebook, Instagram, and the rest of the internet, are housed on servers. These servers are mostly stored in data centers located in small, desert communities. Data centers use water to cool their servers. As the climate changes and droughts become more prevalent, legal issues arise as to who gets primary access to water sources. BTLJ Podcast host, Meg O'Neill, speaks with lawyer John DeVoe of Water Watch, and then journalist Mike Rogoway of the Oregonian.

On this recent episode of the BTLJ Podcast, Terry Zhao '26 sits down with Dan Jasnow, a practicing attorney, and Stefano Da Fre, an actor, director, and producer, to hear two different perspectives on how AI impacted the longest SAG-AFTRA strike in Hollywood history.

Paul Wood '26 sits down with attorneys Heather Whitney and David Fang to discuss the complex interactions between generative AI and copyright law, highlighting the latest developments and legal battles. Join us as we explore how groundbreaking AI technologies like ChatGPT are challenging traditional copyright frameworks.

Podcast editors Eric Ahern '25, Juliette Draper '26, and Meg O'Neill '26 cover the verdict announced in the trial of FTX founder Sam Bankman-Fried, the recent bankruptcy of WeWork, and global responses to President Biden's Executive Order targeting AI.

The BTLJ Podcast team sits down with Tatiana Rice from the Future of Privacy Forum to explore the fascinating world of biometrics and its role in a recent case, Barnett v. Apple, which involves a dispute over Apple's use of facial recognition and Touch ID technology.

Join BTLJ podcast host Ian Smith as he sits down with expert guest Dr. Brandie Nonnecke to discuss Section 230 of the Communications Decency Act and Gonzalez v. Google. They'll explore the evolution and power of Section 230, which provides legal protections to online platforms for content created by third-party users, and will discuss the potential implications of Gonzalez, an ongoing case involving a Section 230 dispute that was recently heard by the Supreme Court. Dr. Nonnecke is the founding director of the Citris Policy Lab at UC Berkeley and an associate research professor at the Goldman School of Public Policy where she directs the tech policy initiative.

Join Podcast Editors Isabel Jones and Eric Ahern as they sit down with today's expert guest, Berkeley Law Professor Chris Hoofnagle, to discuss ChatGPT. They'll explore the potential impacts of ChatGPT not only on everyday life, but also on the legal industry, education, intellectual property law, geopolitics, and more!

The BTLJ Podcast team sits down with Berkeley Law Professor Tejas Narechania to discuss his forthcoming article, "Convergence and a Case for Broadband Regulation." In the interview, Professor Narechania identifies the consequences of the outdated regulatory scheme for broadband services that exists in the United States. He also proposes a system involving broadband rate regulation as a solution to the problem. This interview was recorded on November 10, 2022.

The BTLJ Podcast team sits down with ACLU Senior Staff Attorney Matt Cagle to discuss the use of automatic license plate readers (ALPRs) by police departments and other law enforcement entities. This interview was recorded on November 9, 2022. For more reading on this subject, refer to the following links. ACLU's reports on ICE's use of ALPR information to locate and target immigrants: ACLU NorCal: Documents Reveal ICE Using Driver Location Data From Local Police for Deportations (https://www.aclunc.org/blog/documents-reveal-ice-using-driver-location-data-local-police-deportations). ACLU NorCal: Records Reveal ICE Agents Run Thousands of License Plate Queries a Month in Massive Location Database (https://www.aclunc.org/blog/records-reveal-ice-agents-run-thousands-license-plate-queries-month-massive-location-database). Case page on ACLU of Northern California's lawsuit against the Marin County Sheriff (Lagleva v. Doyle) challenging its illegal sharing of ALPR information with out-of-state and federal agencies. Under settlement, the Marin County Sheriff conceded that state law prohibits the widespread sharing of personal information and changed its policies (https://www.aclunc.org/our-work/legal-docket/lagleva-v-doyle-license-plate-surveillance#:~:text=Under%20the%20settlement%2C%20Sheriff%20Doyle,by%20the%20county's%20ALPR%20cameras.). Electronic Frontier Foundation: What You Can Learn from Oakland's Raw ALPR Data (https://www.eff.org/deeplinks/2015/01/what-we-learned-oakland-raw-alpr-data).

The BTLJ Podcast team sits down with Professor Jürgen Kühling, a member of the German Monopolies Commission, to discuss the implications of the Digital Markets Act (DMA) for big tech companies and consumers. The Digital Markets Act recently went into effect on November 1, 2022, when this interview was recorded. For more reading on this subject, refer to the following links: Bill Batchelor, Frederic Depoortere, Aurora Luoma, Giorgio Motta, and Ingrid Vandenborre, EU Digital Markets Act Enters Into Force on November 1, Creating New Regulatory Regime for Large Tech Platforms, Skadden, Arps, Slate, Meagher & Flom LLP (Oct. 12, 2022), https://www.skadden.com/insights/publications/2022/10/eu-digital-markets-act-enters-into-force#:~:text=The%20DMA%20sets%20out%20rules,and%20national%20competition%20law%20rules Digital Markets Act - The New Era of EU Digital Regulation for Big Tech, Akin Gump Strauss Hauer & Feld LLP (June 1, 2022), https://www.akingump.com/en/news-insights/digital-markets-actthe-new-era-of-eu-digital-regulation-for-big-tech.html. Ryan Browne, EU targets U.S. tech giants with a new rulebook aimed at curbing their dominance, CNBC (Mar. 25, 2022, 5:41 AM), https://www.cnbc.com/2022/03/25/digital-markets-act-eu-targets-big-tech-with-sweeping-new-antitrust-rules.html Bipartisan Lawmakers Urge President Biden to Demand Changes to Discriminatory EU Tech Bill, U.S. Congresswoman Suzan DelBene (Feb. 23, 2022), https://delbene.house.gov/news/documentsingle.aspx?DocumentID=3047 Stefan Modrich and David DiMolfetta, Big fines can scare Big Tech, but enforcing Digital Markets Act is key – experts, S&P Global Market Intelligence (Apr. 1, 2022), https://www.spglobal.com/marketintelligence/en/news-insights/latest-news-headlines/big-fines-can-scare-big-tech-but-enforcing-digital-markets-act-is-key-8211-experts-69620415

Quantum computing, computing that harnesses the power of quantum physics, and specifically, quantum states brings the world not just abstract scientific theory, but practical applications that will likely revolutionize our day-to-day lives. Join the BTLJ podcast as they sit down with Joonas Keski-Rahkonen and Katri Nousiainen to discuss how lawyers, regulators, and the international community can prepare for the next quantum revolution.

The BTLJ podcast sits down with Robert Koulish to discuss bias in algorithms. Dr. Koulish is a political scientist at the University of Maryland and serves as the Director of MLaw, which is the University's law programs. Much of his current research has focused on risk assessment within immigration detention centers. Professor Koulish is the author of Immigration and American Democracy: Subverting the Rule of Law and co-editor of Immigration, Detention, Risk, and Human Rights: Studies on Immigration and Crime.

The BTLJ podcast sits down with Professor Van Houweling to discuss property rights in the metaverse. Following the discussion, Jim Lischeske will be highlighting the key takeaways.

Regulating Online Hate Speech, with Christopher Wolf by The BTLJ Podcast

The California Privacy Protection Agency (CPPA) is the first dedicated privacy regulator in the United States. The BTLJ podcast sits down with its Chairperson, Jennifer Urban, to hear how this pioneering agency is protecting consumer privacy on the internet. Hosted by Nathaniel Kellerer, Andrea Zachrich, Martin Fischer, Anuja Shah, and Sonali Khanna. Produced by BTLJ Podcast Editors Isabel Jones and Seth Bertolucci and Senior Online Content Editors Thomas Horn and Karnik Hajjar.

Are geofence warrants running roughshod over the first and fourth amendments? Or are they an innocuous law enforcement tool that's really no constitutional violation at all? The BTLJ Podcast speaks with renowned constitutional law experts Erwin Chemerinsky and Orin Kerr to get some guidance. Hosted by Ben Brokesh, Chris Musachio, Hazim Alwazir, Hannah Brown, and Meg Sullivan. Produced by BTLJ Podcast Editors Isabel Jones and Seth Bertolucci and Senior Online Content Editors Thomas Horn and Karnik Hajjar

Hosts Matt Sardo '23, Meg Sullivan '23, Ibrahim Hinds '23, and Seth Bertolucci '23 discuss Section 230 with Berkeley Law Professor Pam Samuelson. Edited by Diming Xu '22. Produced by BTLJ Podcast Editors Andy Zachrich & Haley broughton.

Hosts Ximena Velazquez-Arenas '23, Kavya Dasari '23, Kurt Fredrickson '23, and Nathaniel Kellerer LLM '21 discuss Antitrust and Big Tech with Berkeley Law Professor Chris Hockett. Produced by BTLJ Podcast Editors Haley Broughton & Andy Zachrich.

We discuss Prof. Scott Skinner-Thompson's theory of "performative privacy" as a means of resistance for marginalized communities and its limitations, which he expounds on in his new book "Privacy at the Margins." (Prof. Skinner Thompson is Associate Professor of Law at the University of Colorado Law School.) Hosts: Andy Zachrich (J.D. '22) and Ximena Velazquez-Arenas (J.D. '23).

Hosts Matt Sardo '23, Ibrahim Hinds '23, and Ximena Velazquez-Arenas '23 cover the increasing privacy concerns surrounding COVID-19 tracing apps, Senate hearings with Facebook's Mark Zuckerberg and Twitter's Jack Dorsey, and the Federal Aviation Authority's clearance of Boeing's 737 MAX to resume flights in the U.S.

Hosts Haley Broughton '23 and Allan Holder '21 talk with Professor Calo and David O'Hair about their article entitled “Is Tricking a Robot Hacking?” from our Journal’s recent Volume 34, Issue 3.

Hosts Kavya Dasari '23, Meg Sullivan '23, and Jonathan Baer '23 cover Zoom's settlement with the FTC, an antitrust case against Amazon in the EU, and the Department of Justice's challenge of Visa's Acquisition of Plaid, a fintech start-up.

Hosts Ximena Welazquez-Arenas '23 and Diming Xu '23 cover the DOJ's antitrust suit against Google, Uber's response to California's recently-passed Proposition 22, and the United States' charges against Russian hackers in connection with several global cyberattacks.

Hosts Allan Holder '21 and Kavya Dasari follow up on our coverage of Epic Games' antitrust suit against Apple, and cover recent developments regarding Section 230 of the Communications Decency Act, a privacy lawsuit filed against the San Francisco Police Department, and the release of a joint statement by an international coalition of countries regarding encryption and public safety.

Hosts Ibrahim Hinds '23 and Kurt Fredrickson '23 cover recent criminal charges against the founders of one of the world's largest BitCoin exchanges, the House's antitrust report on Facebook, Google, Apple, and Amazon, and the Supreme Court copyright case between Oracle and Google.

Hosts Matt Sardo '23 and Meg Sullivan ' 23 follow up on last week's coverage of TikTok's request for an injunction to the ban of its app, and cover Epic Games' lawsuit against Apple following the companies' dispute over banning Fortnite from Apple's App Store, the EU's draft of antitrust regulations for large tech companies, Seattle's recently-passed minimum wage legislation for Uber, Lyft, and other rideshare drivers, and Anthem's multi-million dollar settlement with over forty state attorneys general.

Hosts Kurt Fredrickson '23 and Jonathan Baer '23 discuss antitrust action against Google, the latest in TikTok’s troubles with the current administration, and a data breach class action against Amazon.

Host Veronica Bognot '21 discusses Amazon’s alleged misuse of seller data, the most recent salvo in Facebook's suit against NSO Group, and the Supreme Court's ruling on whether explanations of the law are copyrightable.

Host Yexi Xu (LLM '20) tells us all about police drones in Baltimore, how Facebook and Twitter are dealing with the President's LIBERATE tweets, and Intel freeing up its IP during the crisis.

Host Elizabeth Fu '21 covers Facebook's Libra project's newest iteration, an exemption for Nuro that paves the way for driverless deliveries, and delays in the trial of Theranos founder Elizabeth Holmes.

Host Joseph Kroon '22 discusses the new Apple/Google COVID-19 contact network system, the Supreme Court's first foray into broadcasting its proceedings, and a ruling regarding copyright and third parties on Instagram.

Host Debbie Mosley '22 talks N95 mask price gouging, Telegram's cryptocurrency woes, and copyright over basketball players' tattoos in NBA 2K.

Host Dan Noel '21 explores some of the privacy and cybersecurity issues arising from the novel coronavirus crisis by looking at one of the actors that's been implicated the most: Zoom.

We're back, because as hard as it may try, early 2020 can't hold BTLJ down. Host Andy Zachrich '22 discusses the CFAA, the new T-Mobile, and location data tracking as a result of the coronavirus crisis.

We sat down with Berkeley Law professors (and former FTC attorneys) Erik Stallman and Tejas Narechania for an overview of the issue of net neutrality and to discuss the D.C. Circuit's recent major decision about the issue. Hosts: Dan Noel '21 and Allan Holder '21

In the last episode of Issue 35:1, we discuss Russiaware on new Russian electronics, Uber's self-driving car accident, and claims that DoorDash is pocketing tips. Hosts: Joseph Kroon '22 and Allan Holder '21

This week, we discuss a ruling on border searches, Apple being accused of not playing fair with its chips, and... personal jurisdiction. Hosts: Barbora Studihradová LLM '20 and Dan Noel '21

This week, we discuss super warrants, foreign agents inside tech companies, and a wrist slap over data throttling. Hosts: Yexi Xu LLM '20 and Debbie Mosley '22

This week, we discuss reservations about TikTok, DNA collection of non-U.S. detainees, and alleged discrimination on Facebook ads. Hosts: Veronica Bognot '21 and Joseph Kroon '22

This week, we discuss tech and constitutional rights at the U.S. border, a JEDI at the Department of Defense, and Facebook's recent interactions with both the judiciary and the legislature. Hosts: Andy Zachrich '22 and Allison Talker '22

For the week of October 25th, we discussed India's future plans for social media platforms, Section 230 of the Communications Decency Act, and cybersecurity for law firms. Hosts: Yexi Xu LLM '20 and Maximin Orsero LLM '20

This week we discuss net neutrality, deepfakes, and the UK reviving an iPhone cookies case from earlier this decade. Hosts: Barbora Studihradová LLM ’20 and Veronica Bognot ’21

This week, we discuss free public TV, Amazon preparing its own legislative proposals, and who gets sued if your Tesla gets into an accident as it drives toward you. Hosts: Debbie Mosley ’22 and Andy Zachrich ’22