POPULARITY
TechFreedom's Corbin Barthold, Andy Jung, and Santana Boulton continue their discussion of the many, many things going on in AI innovation, competition, and regulation. Topics include:The Lina Khan AI crackdown (that we averted)What's next for the FTC and AI?(More) AI culture war600 state AI bills (might be 600 too many)Blackpilled about EuropeMicromanaged deregulation (is not a thing)Will the EU become unaligned?Links:Don't California My Texas: Stargate EditionThe European Commission's (Anti)Competitiveness CompassHow Liberal Democracy Might Lose the 21st CenturyTech Policy Podcast 394: Tech and Trump 2.0
TechFreedom's Corbin Barthold, Andy Jung, and Santana Boulton take you on a tour of the many, many things going on in AI innovation, competition, and regulation. Topics include:First signs of AI escape velocity?Automated luxury libertarianismThe Trumpian vibe shiftAI culture warThe AI $$$$ bonfireThe one-week DeepSeek freakoutIs regulation futile?Links:Tyler Cowen on OpenAI's Deep ResearchDwarkesh Patel on fully automated firmsTrump Signs AI and Tech Executive OrdersSome Simple Lessons From China's Big AI BreakthroughTech Giants Double Down on Their Massive AI Spending
W najnowszym odcinku TyfloPrzeglądu omawiamy szeroką gamę tematów, w tym nowości w sklepie Altix i pierwsze wrażenia z TechFreedom, teraz dostępnego także dla Windows, choć wymagającego Androida do pełnego działania. Przyglądamy się innowacyjnym propozycjom, takim jak mówiące czujniki dymu od X-sense czy pierścień Lotus, umożliwiający sterowanie przełącznikami na odległość. Dzielimy się również kolejną relacją z SightWorld oraz ciekawostkami, jak pierwszy zapis utworu na kastaniety w Brajlu. Na koniec poruszamy temat testów sztucznej inteligencji na smartfonach Motoroli oraz prostych rozwiązań, jak Vanilla Weather – strony do sprawdzania pogody, z której niestety nie skorzystają mieszkańcy wszystkich miast. Audycja dostępna jest również w wygenerowanej automatycznie wersji tekstowej
TechFreedom's Corbin Barthold, Ari Cohn, and Santana Boulton partake in a summer doldrums bitchfest about recent and upcoming Supreme Court internet speech cases. Topics include:SCOTUS ducks in Moody v. NetChoiceHey, let's *not* reward bad-faith legislatingJustice Kagan: progressive traitor (and we love it)Justice Alito is madWhat's next for online speech?SCOTUS ducks in Murthy v. MissouriJudge Terry Doughty: incompetent boobThe censorship industrial complex that wasn'tSCOTUS takes up Free Speech Coalition v. PaxtonTexas tries to age-gate XXXIs porn getting more extreme?The seven dirty wordsLinks:Tech Policy Podcast 350: When the Government Yells at Social MediaTech Policy Podcast 373: Porn and the First AmendmentProject 2025 Co-Author Caught Admitting Secret Conservative Plan to Ban Porn
Recent child online safety bills have ignited a firestorm of controversy. These emotionally charged proposals aim to shield children from online harm, but they've raised serious concerns about potential infringement of First Amendment rights. The current legislative landscape remains uncertain, with various bills at different stages across states and at the federal level.How do we balance the urgent need to protect children with our fundamental rights to free speech? What are the practical implications of proposed age-gating measures? And where do we draw the line between parental responsibility and government intervention?To discuss these challenges and concerns surrounding age-gating on the internet, we're joined by Ari Cohn. Ari serves as Free Speech Counsel at TechFreedom. Prior to this role, he was the director of the Individual Rights Defense Program at the Foundation for Individual Rights in Education and served as an attorney with the United States Department of Education's Office for Civil Rights.Join us as we explore age gating, parents' roles in keeping their kids safe, and the current state of child online safety legislation.
Berin Szóka (TechFreedom) and James Dunstan (TechFreedom) discuss the FCC's recent orders on Title II common-carrier regulation and digital discrimination.Topics include:A hundred years of telecom law in four minutesThe craziest story in the history of federal regulationFCC: Huzzah for crappy Internet (like in Europe)!SCOTUS: Congress must tackle major questions!Disparate treatment vs. disparate impactThe FCC crams an elephant in a mouseholeLinks:Zombie FCC vs. Schoolhouse-Rock Supreme CourtFCC Revives Common Carriage for the InternetTechFreedom's brief in the digital discrimination litigationTechFreedom's comments in the FCC's Title II proceedingNet Neutrality Legislation: A Framework for Consensus
There is a movement afoot to restrict young people's access to social media and pornography. Critics of social media and online porn argue that they can be harmful to minors, and states across the country are taking up the cause, considering laws that would impose age-verification, curfews, parental opt-ins, and other restrictions. Meanwhile, critics of the critics argue that the evidence of harm isn't so conclusive and that many of the proposed restrictions violate core civil liberties such as privacy and free speech. So, who's right? Clare Morell is a senior policy analyst at the Ethics and Public Policy Center and the author of the forthcoming book, “The Tech Exit: A Manifesto for Freeing Our Kids.” Ari Cohn is free speech counsel at TechFreedom, a technology think tank. Timestamps 0:00 Intro 2:17 The alleged harms of social media 11:31 Just another technological moral panic? 25:49 How is internet access currently restricted for minors? 41:17 The age verification problem 1:00:27 Assessing the First Amendment problems 1:07:21 Voluntary measures parents can take 1:25:30 Outro Shownotes Transcript “The Anxious Generation: How the Great Rewiring of Childhood Is Causing an Epidemic of Mental Illness” by Jonathan Haidt “Surgeon General: Why I'm Calling for a Warning Label on Social Media Platforms” by Vivek H. Murthy
It's the episode you've been waiting for: TechFreedom's Corbin Barthold and Ari Cohn talk about pornography and free expression.Topics include:The Founding Fathers: epic porn fiends (j/k)Obscenity law, a brief historyDo conservatives still want to ban James Joyce?“I know it when I see it”—Worst. Legal standard. Ever.Is there a moral case against porn? (Spoiler alert: No)The Fifth Circuit botches internet speech lawLinks:Tech Policy Podcast #360: Red States vs. Every SCOTUS Internet PrecedentA Reagan Judge, The First Amendment, And The Eternal War Against PornographyTexas Legislature Convinced First Amendment Simply Does Not ExistIs Porn Harmful? The Evidence, the Myths and the Unknowns
Subscribe to The Realignment to access our exclusive Q&A episodes and support the show: https://realignment.supercast.com/Taylor's New Podcast: Vox Media: Podcast Network | Power User with Taylor LorenzCorbin's Podcast on First Amendment Issues with the TikTok Bill: #371: So You Want to Ban TikTok | Tech Policy Podcast (techfreedom.org)REALIGNMENT NEWSLETTER: https://therealignment.substack.com/PURCHASE BOOKS AT OUR BOOKSHOP: https://bookshop.org/shop/therealignmentEmail Us: realignmentpod@gmail.comFoundation for American Innovation: https://www.thefai.org/posts/lincoln-becomes-faiTaylor Lorenz, Washington Post columnist and author of Extremely Online: The Untold Story of Fame, and Corbin Barthold, TechFreedom's Internet Policy Counsel and Director of Appellate Litigation, join The Realignment. In this two-part episode, Marshall and Taylor discuss her work on the creator economy, broader story of the social internet's development, and her opposition to the House legislation to force ByteDance to divest itself from TikTok. Then, Marshall and Corbin discuss his belief that the legislation as written violates the First Amendment.
States are banning it, employers are blocking it, and now the US government is trying to steal it. What's with all the noise around TikTok? TechFreedom's Corbin Barthold explains why politicians need to take several giant steps back and stop trying to tell kids how to do the internet. Links: A Breakdown of the Bizarre Factions Fighting Over the TikTok Ban Bill, by Corbin Barthold https://plus.thebulwark.com/p/tiktok-ban-bizarre-factions-strange-bedfellows H.R.7521 - Protecting Americans from Foreign Adversary Controlled Applications Act https://www.congress.gov/bill/118th-congress/house-bill/7521 TikTok v. Knudson [Trial Docket, MT ban case] https://www.courtlistener.com/docket/67413418/tiktok-inc-v-knudsen/ MT SB419 https://leg.mt.gov/bills/2023/billhtml/SB0419.htm Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPod
THE FATE OF LAWS BANNING CONTENT MODERATION IS BEING DECIDED Florida and Texas both passed laws prohibiting internet platforms from censoring viewpoints they disagreed with and now the cases have been heard by the Supreme Court. Though opinions in NetChoice, LLC v Paxton and Moody v NetChoice, LLC have not been rendered, we're talking to Andy Jung who works as an Associate Counsel at TechFreedom, focused on technology law and policy such as antitrust, Section 230, and online privacy. He's written about both of these issues and after reading his work I've changed my mind about Section 230 and the protections it affords internet platforms. He makes the case here that moderating content is an editorial decision allowed under the First Amendment and it's very compelling. He joins me at 2:30 to discuss.
Should the government be able to order social media platforms to host political speech? Does the First Amendment even exist any more? And do we really have to side with Justice Kavanaugh on this one? Liz talks to TechFreedom's Corbin Barthold about the Netchoice cases. Links: Tech Policy Podcast https://podcast.techfreedom.org/ Moody v. Netchoice (Texas Docket) https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22-555.html Moody v. Netchoice (Florida Docket) https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22-277.html TechFreedom's Amicus Brief in Netchoice https://www.supremecourt.gov/DocketPDF/22/22-555/292534/20231207074245073_TechFreedom%20VIDED%20amicus%20brief%2022-277%2022-555.pdf Oral Argument Moody v. Netchoice (Florida case) https://www.supremecourt.gov/oral_arguments/audio/2023/22-277 Oral Argument Moody v. Netchoice (Texas case) https://www.supremecourt.gov/oral_arguments/audio/2023/22-555 Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod Patreon: patreon.com/LawAndChaosPod
A couple weeks ago, we released the 2024 edition of our Sky Is Rising report about the state of the entertainment industries. Last week, Mike and I joined Corbin Barthold on Techfreedom's Tech Policy Podcast for a discussion about the report and, more broadly, the state of culture in the internet era and the conversations that surround it. You can listen to the whole conversation here on this week's episode of the Techdirt Podcast.
Ari Cohn, Free Speech Counsel at TechFreedom, a non-partisan nonprofit think tank devoted to technology law and policy, joins Karen Conti to discuss AI deepfakes. With her popularity growing, AI deepfakes of Taylor Swift are circulating. Is the posting of deep fakes illegal? Should the laws be stricter? Karen and Ari answer those questions and […]
Ari Cohn, First Amendment and Defamation Lawyer and Free Speech Counsel for TechFreedom, joins Karen Conti to discuss the lawsuit brought by a Chicago man against 27 women and Facebook over negative posts on the website “Are We Dating the Same Guy?” Ari also discusses First Amendment issues on college campuses and the TikTok bans across […]
TechFreedom's Ari Cohn and Corbin Barthold discuss whether AI is going to spark an “infocalypse,” bring about the “collapse of reality,” and destroy our elections. Is AI about to “flood” our “screens” with “misinformation” that's “dangerous to democracy”? Notwithstanding these quotes from recent press stories, the answer is probably no.Ari's Senate testimonyWhat the Doomsayers Get Wrong About DeepfakesScott Brennen + Matt Perault paperTech Policy Podcast #358: Information Animals Fighting Information WarsTech Policy Podcast #359: Your Right to Lie — With Jeff Kosseff
Blake Reid (Colorado Law) and Berin Szóka (TechFreedom) join the show to discuss the constitutional and policy implications of applying common carrier rules at different layers of the “tech stack.” Should broadband providers be forced to carry content? Should social media platforms? How about both? Or neither? Maybe the former, but not the latter? How about the latter, but not the former? . . . Wait, stop. That last one is nonsense. Tune in to find out why.The Greatest Internet Law Chart EverUncommon Carriage The Conservative Bias Panic Comes for Gmail's Spam DetectionThe Republican Project to Break Your Email AccountUS Telecom (D.C. Cir. 2017)Carlin Communications (9th Cir. 1987)
The future is a conversation. What the future looks like, and how and which technologies will shape it, isn't something we can plan, or dictate, or demand in advance, but rather something that emerges from the back-and-forth bargaining of everyone with a stake in it.That's the argument presented by my guest today, Jason Kuznicki, Editor in Chief of TechFreedom. Jason recently published an essay responding to the venture capitalist Marc Andreessen's “The Techno-Optimist Manifesto,” which presents the future as under assault by enemies of progress. Jason and I talk about what it means to be a futurist, why certain ideologies have colonized the different sides in debates about emerging technologies, and how we can get back to a hopeful vision of the future as a conversation.ReImagining Liberty is an independent show. If you enjoy it, consider becoming a supporter. You'll be able to listen to episodes early and get all my essays a week before they're released to everyone else. Learn more.Podcast art by Sergio R. M. Duarte. Music by Kevin MacLeod. Get full access to Aaron Ross Powell at www.aaronrosspowell.com/subscribe Hosted on Acast. See acast.com/privacy for more information.
Geoff Manne, president and founder of the International Center for Law & Economics, and host Corbin Barthold, internet policy counsel at TechFreedom, discuss the FTC's lawsuit against Amazon.FTC Chair Lina Khan's Mission to Destroy Amazon Will Harm Millions of ConsumersFTC v Amazon: Significant Burdens to Prove Relevant Markets and Net Consumer HarmTech Policy Podcast #353: The Google Search Antitrust Trial
On this week's episode of The New Abnormal, why Trump's mugshot does nothing to endear him to the Black community—despite the insistence of a number of Fox News hosts. Plus, Ari Cohn, the free speech counsel at TechFreedom, joins the podcast to discuss a new bill that tries, and fails, to prevent kids from seeing harmful content online. Hosted on Acast. See acast.com/privacy for more information.
Liz and Andrew welcome First Amendment lawyer Ari Cohn to help break down an important lawsuit involving Kathy Griffin, personal jurisdiction, and frivolous SLAPP lawsuits. NOTESJohnson v. Griffin Docket https://www.courtlistener.com/docket/63264613/johnson-v-griffin/ Johnson v. Griffin Complaint https://storage.courtlistener.com/recap/gov.uscourts.tnmd.90242/gov.uscourts.tnmd.90242.1.0.pdf Trial Court Opinion https://storage.courtlistener.com/recap/gov.uscourts.tnmd.90242/gov.uscourts.tnmd.90242.32.0.pdf TechFreedom writeup https://techfreedom.org/protect-internet-users-from-slapps-techfreedom-tells-sixth-circuit/ -Support us on Patreon at: patreon.com/law -Follow us on Twitter: @Openargs -Facebook: https://www.facebook.com/openargs/ -For show-related questions, check out the Opening Arguments Wiki, which now has its own Twitter feed! @oawiki -And finally, remember that you can email us at openarguments@gmail.com
Many legislators and policymakers want to ban TikTok from the United States. They claim that the wildly popular social media platform endangers American national security. Although the critics are making a lot of noise, their argument for a ban is surprisingly shaky. What concrete threat does TikTok pose? What First Amendment obstacles stand in the way of a ban? TechFreedom's Corbin Barthold and Ari Cohn discuss.
We are back with our next fellow highlight episode. Class 4 Fellow Meri Baghdasaryan sits down with Ashkhen Kazaryan, a tech policy expert and a former Foundry Fellow. Ashkhen manages policy projects related to free speech, content moderation, surveillance reform, and the intersection of constitutional rights and technology. Currently, she is a Senior Fellow at Stand Together on the Free Speech and Peace team. She leads the development and execution of Stand Together's strategy to defend free speech online and to promote a culture of pluralism. Prior to that, she was a Content Policy Manager on the Content Regulation team at Meta. She covered content policy for North and Latin America, as well as leading on policy for Section 230. Before joining Meta, she was the Director of Civil Liberties at TechFreedom where she managed coalition-building and hosted The Tech Policy Podcast. Ashkhen is regularly featured as an expert commentator in news outlets, including CNBC, BBC, FOX DC, Newsy, Politico, Axios, The Information, Protocol, The Washington Examiner, and others. Meri and Ashkhen chat about how Ashkhen's educational and cultural background impacted her journey into tech policy. They discuss the tech policy issues that are top of mind for Ashkhen. She also covers finding your path in the field of tech law and policy and the importance of building community. You can connect with Ashkhen on LinkedIn and Twitter. Check out the Foundry on Instagram, Twitter, or LinkedIn and subscribe to our newsletter! If you'd like to support the show, donate to the Foundry here or reach out to us at foundrypodcasts@ilpfoundry.us. Thanks for listening, and stay tuned for our next episode! Additional Resources and Reading: Podcasts: The Tech Policy Podcast Moderated Content University Centers: Stanford Internet Observatory Berkeley Tech Policy Initiative Yale Information Society Project Harvard Berkman Klein Center Cornell Tech Policy Institute New York University Engelberg Center on Innovation Law and Policy UC Boulder Silicon Flatirons Georgetown Center on Privacy and Technology Columbia University Knight First Amendment Institute George Washington University Law School Ethical Tech Initiative American University Center for Security, Innovation and New Technology UPenn Center for Technology, Innovation & Competition Think Tanks: ACLU Center for Democracy and Technology Public Knowledge New America Open Technology Institute TechFreedom R Street Chamber of Progress NetChoice CCIA Cases to read about: Gonzalez v. Google Twitter v. Taamneh Netchoice CCIA v Moody Netchoice CCCIA v Paxton DISCLAIMER: Meri engages with the Foundry voluntarily and in her personal capacities. The views and opinions expressed on air do not reflect on the organizations Meri is affiliated with.
We've featured lots of coverage of the frankly insane deluge of "protect the children" type social media laws popping up in several states, and recently Mike was a guest on TechFreedom's Tech Policy Podcast, hosted by Corbin K. Barthold. You can listen to the whole conversation right here on this week's episode of the Techdirt Podcast.
The Federal Trade Commission is making a lot of headlines. Much of that news revolves around the agency's notable antitrust cases—such as its efforts to block Meta's purchase of Within, to break up Facebook and Instagram, and to block Microsoft's purchase of Activision. How aggressive is the FTC's approach? What is its plan? Our guest is Bilal Sayyed, senior competition counsel at TechFreedom. He explains where the agency's antitrust policy breaks new ground—and where it does not.
Three major Internet speech disputes are at, or barreling toward, the Supreme Court. In Gonzalez v. Google, the justices will consider the scope of Section 230. In 303 Creative v. Elenis, they will decide whether a company can be compelled to design a website against its will. And if they grant review (as expected) in Moody v. NetChoice and NetChoice v. Paxton, the justices will rule on whether large social media platforms have a First Amendment right to editorial discretion. How do these cases fit together? Your humble host, Corbin Barthold, Internet Policy Counsel at TechFreedom, tries to figure it out.
Misunderstandings (honest or otherwise) about Section 230 abound — across the political spectrum and, of course, in Congress. Each side believes weakening or eliminating the law will achieve its own distinct goals, and both sides are wrong. Following the most recent (but far from the first) very frustrating congressional hearing about Section 230, this week we're joined by TechFreedom's Free Speech Counsel Ari Cohn for a discussion about why and how congress constantly gets Section 230 so wrong.
Recent months have seen a flurry of notable developments at the Federal Trade Commission, including oral arguments in the high-profile Axon v. FTC and SEC v. Cochran Supreme Court cases, administrative complaints challenging deals between Altria and JUUL and Illumina and GRAIL, and FTC Commissioner Christine Wilson's announced resignation.This episode is a live recording of a panel of antitrust law experts examining these developments and debating what might come next at the FTC.Featuring:Debbie Feinstein, Partner, Arnold & Porter; Former Director, Bureau of Competition, Federal Trade CommissionHon. William Kovacic, Global Competition Professor of Law and Policy, The George Washington University Law School; Former Chairman, Federal Trade CommissionProf. Richard J. Pierce, Lyle T. Alverson Professor of Law, George Washington University Law SchoolHon. Joshua D. Wright, University Professor and Executive Director, Global Antitrust Institute, Antonin Scalia Law School, George Mason University; Former Commissioner, Federal Trade CommissionModerator: Bilal Sayyed, Senior Adjunct Fellow, TechFreedom; Former Director, Office of Policy Planning, Federal Trade CommissionVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.*******As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Bad tech policy is a bipartisan affair. Lately, though, the right has particularly excelled at it. TechFreedom's Corbin Barthold and Ari Cohn discuss the GOP's obsession with supposed “Big Tech censorship,” its performative new “weaponization” subcommittee, its strange quest to turn spammy fundraising emails into a political cause, and more. The episode centers around Corbin's and Ari's article at Techdirt, “If You Believe In Free Speech, The GOP's ‘Weaponization' Subcommittee Is Not Your Friend,” and Corbin's article for The Bulwark, “The Republican Project to Break Your Email Account.” The podcast Corbin mentions (8:24) is called Moderated Content. The McSweeney's piece Ari cites (42:05) is “If I Emailed My Parents Like Democrats Email Me.”
TechFreedom's Internet policy counsel and director of appellate litigation Corbin K. Barthold joins Theodore Kupfer to discuss digital authoritarianism in China, the possibility of decentralized social control in the West, and the new era of Twitter. Find the transcript of this conversation and more at City Journal.
TechFreedom's Internet policy counsel and director of appellate litigation Corbin K. Barthold joins Theodore Kupfer to discuss digital authoritarianism in China, the possibility of decentralized social control in the West, and the new era of Twitter.
The United States is entering a second golden age of space innovation. Can the country's regulatory infrastructure keep up? For better or worse, the Federal Communications Commission is bidding to fill the void (so to speak). What moves is the FCC making? Is the agency acting within its legal authority? What can it do to help the American space industry succeed? James Dunstan, TechFreedom's general counsel, joins the show to discuss. For more, see TechFreedom's recent FCC comments on in-space servicing, assembly, and manufacturing. Jim's 2017 testimony before the Senate space subcommittee, mentioned at 7:36, is available here.
Ashkhen Kazaryan: Tech Policy, the New Congress, and the Supreme Court Bio Ashkhen Kazaryan is a tech policy expert. She manages and develops policy projects on free speech, content moderation, surveillance reform and the intersection of constitutional rights and technology. Ashkhen joined Facebook in November of 2020 as Content Policy Manager on the Content Regulation team for two years. Before that she was the Director of civil liberties at TechFreedom from July 2016 till November 2020. At TechFreedom she also managed outreach and coalition building for the organization and hosted The Tech Policy Podcast. Ashkhen is regularly featured as an expert commentator in news outlets across television, radio, podcasts, and print and digital publications including CNBC, BBC, FOX DC, Newsy, Politico, Axios, The Information, Protocol, The Washington Examiner and many others. Twitter LinkedIn Resources Ashkhen Kazaryan
0:00 - “My wife and I were robbed at gunpoint. I understand the ugly aims of the ‘Lakeview Scream' ad” 14:10 - DeSantis responds to the left 32:50 - Dan & Amy respond to John Ruder & Robert Shumacker who have been harassing Stephen DeFilippis for comments he made in PBR Pac ad 52:57 - Dan & Amy react as blogger Matt Walsh and his team investigate a transgender clinic at Vanderbilt University (aka Jay Cutler U) 01:13:33 - Winnebago County Sheriff, Gary Caruana, weighs in on the SAFE-T Act 01:33:11 - Noted Economist and author of Trumponomics, Stephen Moore, previews the Fed's probable interest rate hike. Check out Steve's newest book Govzilla: How the Relentless Growth of Government Is Devouring Our Economy—And Our Freedom 01:46:18 - Internet policy counsel at TechFreedom, Corbin K. Barthold: Bureaucracies become ineffective, society suffers and Sludge Kills. Follow Corbin on twitter @corbinkbarthold 02:01:42 - Phil Gramm, former chairman of the Senate Banking Committee, nonresident senior fellow at American Enterprise Institute, shares the details of his just See omnystudio.com/listener for privacy information.
In this episode of the podcast, Q talks with Ari Cohn, Free Speech Counsel at TechFreedom, an organization dedicated to understanding the impacts of technology on our society. They discuss social media's impact on American culture; the importance of protecting first amendment rights to speech, especially in our new communications landscape; and how we can both protect and assert ourselves online. Connect with Ari online: Twitter (@AriCohn) TechFreedom Ari is an experienced First Amendment and defamation attorney based in Chicago. A native of Skokie, Illinois, he developed an interest in First Amendment issues at an early age, and has dedicated his career to protecting civil liberties from government intrusion. Prior to opening his own practice, Ari served as director of the Individual Rights Defense Program at the Foundation for Individual Rights in Education (FIRE), where he defended the free speech rights of students and faculty members at colleges and universities and co-authored amicus briefs to state and federal courts across the country on vital First Amendment issues. Before joining FIRE, Ari was a litigation associate at the Chicago office of Mayer Brown LLP, where he represented multinational businesses in high-stakes commercial litigation. ------ The Jane Q. Public podQast features conversations with people across the social and political spectrum about the nature of modernity; our collective concerns as a nation; and the impacts of technology and digital civic culture on American life. Subscribe on: Apple Podcasts Spotify Google Podcasts Stitcher Audible Support The Jane Q. Public podQast at: Patreon (patreon.com/TheQniverse) PayPal (paypal.me/ImTheQ) Venmo - @AmandaQ555 Ca$hApp - $AmandaTheQ
Content moderation is, as ever, an interesting, contentious, and fast-paced policy area. TechFreedom's Corbin Barthold, Andy Jung, and Santana Boulton sit down for a late-summer content moderation news roundup. They cover (among other things) Andy's recent article on AB 2408, a misguided attempt by California to combat teenage social media addiction; YouTube's recent Supreme Court brief in Gonzalez v. Google, a case about whether Section 230 protects algorithmic recommendations (spoiler alert: it does); Santana's essay arguing that algorithms are speech protected by the First Amendment; and Corbin's recent piece in Techdirt, “Two Dogmas of the Free Speech Panic,” a response to those who equate content moderation with “censorship.”
Hello from TechFreedom's 2022 Policy Summit! The panelists at this year's gathering discussed truth decay and misinformation, the collapse of trust in experts, and the future of free speech and social media. In this live recording from the event, Lawfare's Quinta Jurecic explores those themes and more while discussing the January 6 Committee, Trump's election “Big Lie,” the difficulty of combatting online extremism, the insanity that is Steve Bannon, and the fraying of American civic life. For more, see “The Great Rage,” a must-read essay Quinta published in The Atlantic.
Is “Big Tech censorship” really a thing? If so, are the social media giants facing effective competition from sites that style themselves as free speech alternatives? What does it mean to be a free speech platform, anyway? Parler's Chief Policy Officer, Amy Peikoff, discusses these questions and much more with TechFreedom's Corbin Barthold and Ari Cohn. Needless to say, the talk of the deal between Elon Musk and Twitter, at the top of the episode, was recorded before Musk declared that he wants out! Amy's law review article on privacy, mentioned toward the end of the show, is available here.
Last year, Florida and Texas passed draconian social media speech regulations. Each law violates the First Amendment, and, not surprisingly, each was blocked by a federal trial court. On appeal, however, things got weird. Although one appellate court affirmed most of the ruling against Florida's law (SB 7072), another let Texas's (HB 20) go into immediate effect. In an emergency order, the Supreme Court re-blocked the Texas law—for now. A further ruling by the justices, probably next year, is all but inevitable. TechFreedom's Corbin Barthold and Ari Cohn break down the situation. For more, see a recent article by Corbin, “Trumpism on the Bench?,” published at The Bulwark; a recent article by TechFreedom's Berin Szóka, “Mass Shooting Videos Are Protected Under These Awful Laws,” published at The Daily Beast; and Corbin's and Berin's joint essay “No, Florida Can't Regulate Online Speech,” published at Lawfare.
Peter Van Valkenburgh (@valkenburgh) is the director of research for Coin Center, the leading non-profit focused on the policy issues facing cryptocurrencies. He was previously the Google Policy Fellow for TechFreedom and is a graduate of NYU School of Law, as well as a self-taught designer and coder. In this episode, we discuss Peter's role at Coin Center, the U.S. Constitution & Crypto, and the SEC's definition of an exchange. Show highlights: [1:10] Genesis block [9:20] Writing [13:50] Societal impact [18:00] Decentralization [24:00] Exchanges [29:10] Legal interpretations [34:00] Biden's Executive Order [42:00] Constitutional law [48:45] "Owning" Bitcoin [55:00] Interviewing Edward Snowden [58:30] Advice for recent grads [60:16] Seed oils Links: Peter's writing on Coin Center's website coincenter.org/people/peter-van-valkenburgh/ Seed oil blog: fireinabottle.net/ If you enjoyed this episode, please consider leaving a review. You can subscribe to our newsletter to stay updated on the latest episodes. Disclaimer: Jacob Robinson and his guests are not your lawyer. Nothing herein or mentioned on the Law of Code podcast should be construed as legal advice. The material published is intended for informational, educational, and entertainment purposes only. Please seek the advice of counsel, and do not apply any of the generalized material to your individual facts or circumstances without speaking to an attorney.
Ever since his (putative) deal to buy Twitter was announced, Elon Musk has hijacked the debates around content moderation, the design of social media, and online speech. His comments on these subjects are a mish-mash of (sometimes contradictory) slogans. Jillian York, director for international freedom of expression at the Electronic Frontier Foundation, and Berin Szóka, founder and president of TechFreedom, join the show for a more informed exploration of these topics. Along with host Corbin Barthold, they discuss the nuances of social media transparency, the value of user anonymity, the promise of decentralized protocols, and more. Mentioned on this episode: the Santa Clara Principles; articles on the Musk/Twitter deal by Jillian, Berin, and Corbin; and EFF's new Tracking Global Censorship project.
Evolving technology—not to mention evolving norms in Silicon Valley—has sparked fierce debate about online speech. Are social media platforms too powerful? Do their content moderation policies strike a good balance between free speech and healthy conversation? Should the government get involved in policing disinformation? In this episode, we home in on how the American Right views these issues. Nate Hochman, an ISI fellow at National Review, and Rachel Altman, TechFreedom's director of digital media, join the show to discuss the federal government's new “Disinformation Governance Board,” Elon Musk's planned acquisition of Twitter, and what conservative political philosophy might tell us about how to approach content moderation. For more, see Nate's recent piece at National Review Online: “Elon Musk's Town Square.”
Though its goal—to help bridge the digital divide—is laudible, the Universal Service Fund is a badly structured, badly run, wasteful, much abused, unsustainable program. Jim Dunstan, general counsel at TechFreedom, joins the show to discuss the many problems with the USF, and some of the proposals to fix it. For more, see Jim's piece for the Regulatory Transparency Project, “The Arrival of the Federal Computer Commission?”; Corbin's piece at Law & Liberty, “No Legislation Without Representation”; TechFreedom's recent comments to the FCC on the future of the USF; and TechFreedom's recent amicus brief on the unconstitutionality of the private entity that oversees the USF, the Universal Service Administrative Company.
The Internet can be a powerful tool for decentralization and resistance. Lately, however, authorities from across the political spectrum have been trying to use it to enforce conformity and exert control. Ari Cohn, TechFreedom's Free Speech Counsel, and Rachel Altman, its Director of Digital Media, join the show to discuss government efforts to stamp out the Canadian trucker protest, to limit end-to-end encryption, and to dictate how private companies engage in content moderation; and to assess what those efforts mean for the future of Internet freedom.
Activists like to shower the American broadband industry with criticism. In a new paper, Anticorporate Broadband Populists' Real Agenda: Destroy the Current Private-Sector System, Robert Atkinson, founder and president of the Information Technology and Innovation Foundation, highlights the activists' ultimate goal: to turn broadband into a government-run utility. Rob joins TechFreedom's Corbin Barthold and James Dunstan to discuss the holes in the activists' arguments, the problems with municipal broadband, and the (pretty darn good) state of the broadband industry.
Under Chairwoman Lina Khan's leadership, the Federal Trade Commission (FTC) is undergoing a number of process reforms that are poised to make the commission less democratic by allocating more power to the chair herself. If successful, what impact will these reforms have on the future of the commission — and on the laws it's tasked with enforcing? In the first episode of a two-part discussion, https://www.aei.org/profile/shane-tews/ (Shane) and AEI Nonresident Senior Fellow https://www.aei.org/profile/mark-jamison-2/ (Mark Jamison) co-host a conversation with https://fedsoc.org/contributors/bilal-sayyed (Bilal Sayyed), former director of the FTC's Office of Policy Planning and a senior adjunct fellow at https://techfreedom.org/ (TechFreedom). Bilal shares his insights on how Chairwoman Khan's reforms will reshape long-standing policies around how the FTC is run, and on the challenges companies may face under the new FTC's scrutiny.
Innocent Americans don't like getting spied on by their government. But should they care when their government spies on foreigners? Countries do this all the time for intelligence purposes, right? Congress even authorized our government to do this in Section 702 of the FISA Amendments Act. But in the Digital Age, it's increasingly common for large swaths of the American public to communicate with people outside the country. That leads to U.S. residents being caught in the foreign surveillance dragnet, and their communications collected without a warrant. Current laws allow the NSA and other agencies to share information with your local police department. Could you end up in jail without due process? As Section 702 nears its December expiration date, should Congress reform the law, or just reauthorize it as is? Meanwhile, what does the European Union think? Will fears over American surveillance lead nations to “localize their Internet?” Evan is joined by Jake Laperruque, Privacy Fellow at the Constitution Project and Ashkhen Kazaryan, Legal Fellow at TechFreedom. For more, see Jake's blog post on Section 702.
Property rights in the US are rooted in the physical world — your house and your car are yours. But does this concept transfer to the digital world? It's not so simple. When you share data about yourself in exchange for free services, who owns the data? You? The company? Third-party advertisers? This question is a lightning rod in tech policy debates over privacy, data security, and government surveillance. There may not be an easy answer, but in the meantime, how can individuals get a piece of the action? Matt Hogan, CEO of DataCoup, joins the show to discuss his business model and how you can monetize your data (or donate to a non-profit...cough cough TechFreedom). If you like this podcast as much as you hate opening your wallet, check out GiveWithData.com. It won't cost you a cent!