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