Tech Policy Podcast

Anupam Chander (Georgetown Law) discusses the many bad precedents—legal, geopolitical, and otherwise—that we’ll be living with in the wake of the Supreme Court’s decision to uphold the TikTok ban.Links:TikTok v. Garland Opens the Door to Global CensorshipHarvard Law School Rappaport Forum: TikTok and Free SpeechThe National Security InternetTech Policy Podcast 399: What the TikTok Ruling Should Have Said

Jeffrey Fisher (Stanford Law) argued the TikTok case before the Supreme Court, on behalf of a group of U.S. TikTok users. He and host Corbin Barthold (TechFreedom) discuss the SCOTUS TikTok ruling that should have been.Links:U.S. TikTok Petitioners’ Opening Supreme Court BriefTech Policy Podcast 394: Tech and Trump 2.0Tech Policy Podcast 371: So You Want to Ban TikTokTech Policy Podcast 344: TikTok and the First Amendment

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

Maggie Miller (Politico) discusses the Chinese Communist Party’s sweeping cyberwar on the United States.Topics include:What is Salt Typhoon?The CCP is on the phoneHoliday break > national securityVolt Typhoon (it gets worse!)Is the Trump team taking this seriously?Save CISA!The CCP ♥️ the Thucydides TrapLinks:We Need to Talk About Salt TyphoonHow Chinese Hackers Graduated From Clumsy Corporate Thieves to Military Weapons

Orin Kerr (Stanford Law) discusses his new book “The Digital Fourth Amendment: Privacy and Policing in Our Online World.”Topics include:The un-original Fourth AmendmentShould crooks just not carry smartphones?Do originalists cheat on the 4A?SCOTUS 4A rulings as equilibrium adjustmentContent vs. metadataThe mosaic theory (is unworkable)Applying the 4A to tomorrow’s tech todayLinks:The Digital Fourth Amendment: Privacy and Policing in Our Online WorldTech Policy Podcast 368: How the Government Gets Your DataTech Policy Podcast 339: Will Tech Swallow the Fourth Amendment?Tech Policy Podcast 294: Border Searches of Digital Devices

Ari Cohn (FIRE) and Corbin Barthold (TechFreedom) preview the biggest tech policy issues of the Trump II administration.Topics include:TikTok ban: still unconstitutionalTrump’s bonkers TikTok briefWas it worth it, Brendan Carr?Obsolete rules for obsolete TV networksCarr & Sec. 230: not how any of this worksAndrew Ferguson plays MAGA Mad LibsFerg & antitrust: not how any of this worksKOSA rises from the cryptLinks:Tech Policy Podcast 344: TikTok and the First AmendmentTech Policy Podcast 371: So You Want to Ban TikTokChristopher Terry’s Carr/Fox FOIA requestThe Incoming FCC Chair Is Threatening to Censor Views He Doesn’t LikeAndrew Ferguson’s FTC enforcement prioritiesThe Trump II FCC and FTC Will Use Any Stick to Beat a Dog

From October 31, 2022 (Episode 331): Emma Llansó discusses the history and importance of Section 230.Links:The Third Circuit’s Section 230 Decision In Anderson v. TikTok Is Pure PoppycockFive Decisions Illustrate How Section 230 Is Fading Fast

Herbert Hovenkamp (Penn Law and Wharton) shares his thoughts on the progressive antitrust movement, the government’s antitrust campaign against Big Tech, the 2023 Merger Guidelines, the famous tech antitrust cases of the past, and more.Links:Charting Antitrust’s FutureAntitrust Policy After BidenStructural Antitrust Relief Against Digital PlatformsBreaking Up Google Would Be a Big MistakeWhat Big Tech Antitrust Gets Wrong

Jonathan Adler (Case Western Law) and Ari Cohn (FIRE) discuss the FDA’s war on vaping and the Supreme Court case FDA v. Wages and White Lion Investments.Topics include:The (comparative) health case for vapingYet another moral panicKids take risks!The bungling FDAA disappointing oral argumentFine points of administrative lawWill the Trump admin switch course?Links:En Banc Fifth Circuit Rejects FDA's Vaping Regulation "Surprise Switcheroo"Baptists, Bootleggers & Electronic CigarettesUneducating Americans on VapingThe Food & Drug Administration Has a Vaping ProblemMore Evidence that Bans on Flavored Vaping Products May Increase Teen SmokingSpeech Regulation and Tobacco Harm Reduction