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Of all the laws we discuss here at Techdirt, probably none comes up as often or in relation to as many things as Section 230 of the Communications Decency Act. It's not an exaggeration to describe it the way Professor Jeff Kosseff does in the title of his new book, The Twenty-Six Words That Created The Internet, offering a detailed history of this vital piece of law. This week, Jeff joins us on the podcast for an in-depth discussion about where Section 230 came from, and where it's going.

It's time for another special cross-post from a different podcast. Mike was recently a guest on the Foundation for Individual Rights in Education's So To Speak podcast, for an interview about Techdirt, free speech, content moderation, and a range of other topics. If you didn't catch it there, you can listen to the whole interview here in this week's episode.

Unfortunately, as you know by now, the EU Parliament approved the current (disastrous) version of the EU Copyright Directive, which is now on track to become the law of the land. It's not good, but things aren't quite over yet. For this week's episode, we've got returning guest MEP Julia Reda — who has been a key force opposing the terrible articles in the Directive — to talk about what happens now.

We're pretty optimistic about innovation here at Techdirt, but it isn't an automatic good thing all by itself: implementation and intention matters, and that means political entanglements and complicated questions about governance, and that calls for big, new ideas. This week, we're joined by Tamara Winter from the Center for Innovative Governance Research to discuss new experiments in government like charter cities and special autonomous zones. Also, learn more about: Shenzhen - https://openknowledge.worldbank.org/bitstream/handle/10986/2501/564470PUB0buil10Box349496B01PUBLIC1.pdf?sequen Val D'Europe - https://www.economist.com/europe/2017/08/03/disney-has-built-a-pseudo-paris-near-paris The original vision for Disney World -https://www.youtube.com/watch?v=sLCHg9mUBag&t=920s

We've been covering surveillance and the intelligence community for a long time here at Techdirt, but if you had to limit yourself to just one source on the subject, even we'd probably recommend you choose Marcy Wheeler. Following the recent news that the NSA has apparently shut down its bulk records collection program — the first exposed by Edward Snowden — Marcy joins us on this week's episode to discuss the surveillance state and why it might abandon Section 215.

Sometimes people ask us why we write so much about the police on Techdirt. Though our coverage has grown somewhat beyond the boundaries of incidents directly involving technology, the reality is that the problems with law enforcement persistently intersect with the same technological and legal issues we've always discussed here. But this week the focus is squarely on cops and technology: Mike is joined by Matt Stroud, author of the new book Thin Blue Lie, as well as our own Tim Cushing, to talk about the failure of high-tech policing.

You've heard the uproar — conservatives are being censored on social media! But... are they? The short answer is no. The long answer is this week's podcast, with Lincoln Network policy head Zach Graves joining us for a discussion about the misinformation, hyperbole and general ridiculousness surrounding supposed social media bias.

Lots of people have tried to sum up the differences between Silicon Valley and Washington, D.C. — but it isn't so easy to hone in on. Nevertheless, it's clear that at least some aspects of the west-coast tech approach could benefit a government that all-too-often appears incapable of accomplishing anything much. This week, we're joined by former US Deputy Chief Technology Officer and Code For America founder Jennifer Pahlka to discuss what the Hill can learn from the Valley.

It's no secret that journalism outfits are struggling, and have been for some time. There are lots of competing ideas about why this is the case, and who to blame, but the ultimate question is the same: how do we fund good journalism going forward? This week, Mike is joined on the podcast by someone whose opinions on this question differ significantly from his own — Columbia Journalism professor and former online editor-in-chief of the Guardian Emily Bell — to talk about whether journalism can survive the free market, and what the alternatives are.

We can hardly believe it, but as of this moment we've released 200 episodes of the Techdirt podcast! For this milestone, we've brought the increasingly-rare original team of co-hosts back together for a bit of a meta-episode all about podcasts — specifically, the recent news that Spotify has acquired Gimlet Media for the impressive and, to many, surprising sum of $230-million. Mike joined by Dennis Yang and Hersh Reddy to discuss what Spotify might be up to, and just how big the podcasting business really is.

Jon Callas has been at the forefront of computer security issues for a long time, most recently as the head of Apple's team of internal hackers that try to break into the company's own products. But just a couple of months ago, he made a change, and left Apple to work on tech policy at the ACLU. This week, he joins us on the podcast to discuss the new job, computer security policy, and the latest phase of the crypto-wars.

One of the most common responses to various complaints about giant tech companies is that you can just not use their products and services. Many people have pointed out just how difficult that would really be, but Gizmodo's Kashmir Hill decided to try it for real: she cut Amazon, Facebook, Google, Microsoft, and Apple out of her life for a week each, followed by a week without any of them. Her report on that final, empty week is coming out soon, but in the mean time she joins us on the podcast to talk about what it's like to live without big tech.

As our readers surely know by now, 2019 is the first time in a long time that new works have actually entered the public domain in the US! The Internet Archive and Creative Commons hosted a celebration of this fact, and this week we're joined by IA's Lila Bailey and CC's Timothy Vollmer to talk about that event and the exciting possibilities of a re-opened public domain.

It's that time again! Mike spent the week before last at this year's Consumer Electronics Show, checking out all the latest technology that companies are most eager to show off, and now once again he's joined on the podcast by CES veteran Rob Pegoraro for the CES 2019 Post-Mortem.

The latest in the EU's string of internet regulatory efforts has a new target: terrorist propaganda. Just as with past regulations, the proposed rules seem onerous and insane, creating huge liability for internet platforms that fail to do the impossible. This week, we're joined by returning guests Daphne Keller from Stanford's Center For Internet And Society and Emma Llansó from the Center for Democracy and Technology to discuss this most recent danger to online free speech in the EU.

Today, Mike is at the opening of the Consumer Technology Association's CES 2019 show — which means we'll have one of our CES post-mortem podcasts coming up soon! But before that, for this first episode of 2019, we've got a discussion with CTA CEO Gary Shapiro, whose new book Ninja Future takes a look at how people and businesses are dealing with innovation and rapid technological change.

Can Anyone Disrupt The Disruptors? by Techdirt

We've got another panel discussion from the Lincoln Network's Reboot conference this week, all about the law on everyone's minds lately: Section 230 of the CDA. The debate includes law professor Eric Goldman, the EFF's Corynne McSherry, and Dr. Jerry A. Johnson from National Religious Broadcasters, offering up a wide spectrum of opinions on Section 230 and political bias.

Last week, we published a series of posts by Mike Godwin looking at Our Bipolar Free Speech Disorder And How To Fix It (check out part one, part two, and part three). But with a topic like this, there's always more to dig into, so this week we've got Mike Godwin joining the podcast to take a closer look at his ideas about free speech in the digital era.

A few weeks ago, we featured a panel discussion with Mike and others at the Lincoln Network's Reboot conference on the podcast. This week we're doing something a little different and featuring another panel discussion from that conference, but one in which Mike wasn't involved. Instead, it's an interesting — and at times contentious — debate about one big question: do the big tech firms need to be broken up?

By now, there's a good chance you've received an invitation to join Initiative Q, and also a good chance that you took one look at it and thought "wow, this seems extremely sketchy." And indeed, there's little reason (other than hopefulness) to see the strange new proposed payment system as anything but a pyramid scheme. But it's got people talking, thanks in no small part to its viral marketing scheme, so this week's episode is all about trying to figure out just what Initiative Q really is.

In late September, Mike joined a panel at the Lincoln Network's Reboot conference to tackle the question "will rising activism limit government’s access to Silicon Valley?" along with Trae Stephens, Pablo E. Carrillo, with moderator Katie McAuliffe. For this week's episode, we've got the full audio from that panel plus an additional introduction from Mike with some thoughts after the fact. Enjoy!

As artificial intelligence technology marches onwards, it's raising a lot of complicated questions about free speech, privacy, and important rights. One person who's been thinking a lot about these questions is David Kaye, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, who recently published a thorough report [pdf] on the subject. This week, David joins us on the podcast to discuss artificial intelligence and its implications for human rights.

For this week's episode of the podcast, we're featuring a recent panel discussion from Mozilla's Speaker Series. Mike Masnick sat down with Guillaume Chaslot from Algo Transparency, hosted by Mozilla Fellow in Residence Renée DiResta, to talk about the challenges of online content moderation and its implications for freedom of expression. Enjoy!

This week, we've got a special cross-post from Rob Reid's excellent After On podcast. After a conversation between Mike and Rob about the possible end of the world, we pivot to the full episode of After On in which Rob talks to neuroscientist David Eagleman about his fascinating work using technology to create new human senses. We hope you enjoy it!

A major insurance company recently announced that it would offer discounts on life insurance to customers who wear activity trackers and log data showing they live a healthy lifestyle. This understandably freaked out some people, but there are interesting aspects to the idea as well. There's plenty to consider, so this week regular hosts Mike, Hersh and Dennis discuss whether this is an exciting innovation, a worrying expansion of surveillance culture, or both.

We've done it — we've solved the challenge of content moderation! (Checks notes). No, wait, sorry: we haven't. But what we have done is invited Kate Klonick, law professor and author of the excellent paper The New Governors: The People, Rules, and Processes Governing Online Speech, to join us for an in-depth discussion about how we got here and why there are no easy or simple answers for content moderation.

Anonymity is back in the news in a big way, especially since the New York Times published an explosive opinion piece by an anonymous White House official. Here at Techdirt — proudly one of the few blogs that still allows completely anonymous comments with no sign-up — we've talked about anonymity for a long time in the context of the internet. On this week's episode, Mike and regular co-hosts Dennis Yang and Hersh Reddy talk about the benefits, challenges, and overall importance of anonymous speech.

Copyright is a big, complicated monster of a law, composed of patchwork updates and shaped by international agreements — which is, in fact, the source of a lot of its problems. But fixing copyright means understanding it, so this week we've got a conversation with UCLA professor Neil Netanel, author of the new book Copyright: What Everyone Needs To Know, because there's always something new to learn about copyright.

Is the way companies are currently structured and operated conducive to long-term innovation? It's a tough question, but there are plenty of reasons to consider that short-term profit incentives might be getting in the way of better overall innovation strategies — and lots of possibilities for how we might rethink companies to change this. This week, the regular crew of Mike, Hersh and Dennis discuss how this problem could be addressed, and whether there's truly a problem at all.

Have you ever thought about the legal issues surrounding emoji? Don't worry, most people haven't. But they are myriad and interesting, with roots nearly two decades ago following the emergence of emoticons — and two people who definitely have thought a lot about it are Eric Goldman and Gabriella Ziccarelli, who join us on this week's episode to talk about the various intersections of emoji and the law.

There has long been anxiety around the "permanent record" of the internet, and recent public shamings based on old tweets have brought that fear to the forefront for many people. But the mass deletion of old tweets also means throwing out huge amounts of potentially valuable information. Is there a technological solution? A cultural one? This week, we're joined by returning guests Cathy Gellis and Parker Higgins to discuss a proposal for fixing the problem without sacrificing the permanent record.

The tides of public opinion on economics seem to be shifting, and criticism of the very idea of free markets is on the ride. The conversation is messy, confusing, and transcends many traditional political boundaries — so we've got an expert source to help us dig in. EconTalk host Russ Roberts joins us to look at why so many people don't trust capitalism anymore.

We've got a crossover episode this week, all about the EU's disastrous moves on the copyright front. Mike recently joined the Building Tomorrow podcast to discuss the subject with Paul Matzko and Will Duffield, and now you can listen to it here on this week's episode of the Techdirt Podcast.

One thing we've talked about for a long time at Techdirt is the importance communities for media outlets, including our own. These days, it feels like a lot of media companies are giving up on this work altogether and outsourcing it to social media platforms — but that means foregoing some of the most powerful aspects of the internet. This week, we're joined by Josh Millard, who recently took over MetaFilter, to talk about building online communities and not relying on Facebook.

One of the most dangerous aspects of SOPA and other copyright proposals is the idea of moving enforcement and liability further down the stack of technology that powers the internet, even all the way to the DNS system. Although SOPA's DNS-blocking proposals were heavily criticized and the bill ultimately defeated, the idea of deep-level copyright enforcement has lived on and been implemented without changes to the law. This week our returning guest, law professor Annemarie Bridy, discusses how private agreements have quietly recreated some of the worst aspects of SOPA.

Eliot Peper is a novelist who uses thorough research and creative thinking to produce science fiction that can feel more like eerily-accurate prognostication. Exploring possible futures with real insight has always been one of sci-fi's greatest strengths, and this week Peper joins Mike on the podcast to discuss his work, methods, and ideas about tomorrow. Eliot Peper - http://www.eliotpeper.com/

Between Elon Musk's proposal for a website ranking the credibility of journalists and Tim Draper blaming the collapse of Theranos on the press (not to mention Peter Thiel's attack on Gawker), it feels like there's a war brewing between Silicon Valley and journalism. Though the press has some major problems, it really seems like tech entrepreneurs are misunderstanding how it works and proposing some dangerous ideas. This week, we discuss the tensions between tech and journalism, and what will come from the proposals to address it.

Recently, Valve sent waves through the PC gaming world by announcing an upcoming policy change for its Steam platform: it will no longer enforce specific content rules and will allow all games as long as they aren't illegal or "straight-up trolling". Though it's not exactly clear what this means, the reaction from the gaming press has been largely negative, and it's hard to say how the new policy will be implemented — so this week myself, Tim Geigner and Cathy Gellis join the podcast to discuss just what's going to happen on the biggest platform for PC games.

The latest entrant on the decentralized transportation scene is the suddenly-ubiquitous electric scooters that are taking over San Francisco and other cities. Their appearance has triggered the inevitable controversy, with some saying they are ruining cities while others laud their convenience for urbanites. And, of course, a regulatory battle wasn't far behind. On this week's episode, we discuss the e-scooter trend and its many pros and cons.

As we've noted recently, the current copyright reform proposal being considered by the EU is full of extremely dangerous ideas, from mandated filters to a "link tax". This week, we're joined by European Parliament member Julia Reda to talk about the details of the regulatory process and the problems with the current proposal.

We've talked about author Rob Reid many times on Techdirt, and had him on the podcast once before. Now, in what started as a project to promote his latest novel, Reid is hosting a podcast called After On, which tackles some pretty crazy real-world topics — from alien life to mind-reading technology — befitting a science fiction writer. This week, he returns to our podcast to discuss what it's like interviewing big thinkers about mind-bending ideas.

We're nearing the end of the Kickstarter campaign for CIA: Collect It All, our polished and fully-playable version of a formerly top secret card game used by the CIA to train new recruits. In this special Saturday edition of the podcast, the three of us working on the project — myself, Mike, and Randy Lubin of Diegetic Games — sit down to talk all about what players can expect from CIA: Collect It All. Our Kickstarter: https://www.kickstarter.com/projects/mmasnick/cia-collect-it-all?ref=2ivphk

The US has been something of a surveillance state since long before the Snowden revelations that showed the full extent of some of the NSA's activities. A lot of this is made possible — often unintentionally — by decades-old court decisions regarding technology. It's a problem. This week, reporter Cyrus Farivar — whose new book Habeas Data digs into this judicial history — joins us to discuss how courts created the surveillance state. Habeas Data - https://www.mhpbooks.com/books/habeas-data/

In the last few years, a lot of the conversation around technology in general has shifted its focus from excitement about the obvious benefits to concern about its downfalls and side effects. It even feels like there's a general sense that "technology is bad for society" in a lot of places. This comes with a lot of associated myths, including the prominent idea that "if you're not paying for something, you're the product being sold" — an idea that is, at best a massive oversimplification. So on this week's podcast we're discussing the changing cultural attitudes towards technology, especially free online services and the many myths and misunderstandings about how they operate.

Social media can be an extremely powerful tool for gathering, finding and sharing the news. It can also be... a bit of a disaster. It would be nice if such an important question had a simple answer, but they never do, do they? So this week, we're discussing and dissecting whether or not social media is "good" for the way we consume the news.

Law isn't simple, and truly learning about it takes more than a few short primers or even an in-depth guide or two — which makes it the perfect topic to explore via the medium of podcasts. This week, we've got a pair of guests who are doing exactly that: Ken White of Popehat fame, who recently launched the Make No Law podcast about First Amendment issues, and Elizabeth Joh, co-host of the What Trump Can Teach Us About Constitutional Law podcast. Instead of picking their brains about the law itself, we've got an episode all about their experience using podcasts to teach people about legal issues.

After the recent launch of po.et, which aims to use the blockchain to create a new business model for digital media companies, Mike was... unconvinced. This led to a Twitter discussion with CEO Jarrod Dicker, which in turn led to a longer in-person conversation about the ideas behind the service and where it might go — and you can listen to the whole thing on this week's podcast episode.

We've already written about the insanity of the appeals court overturning Google's fair use victory against Oracle — but there's plenty to dig into regarding just how bad the ruling is. This week, we're joined by Pamela Samuelson, a law professor and co-director of the Center for Law & Technology at Berkeley, to discuss what the court just did to the world of software development.

Facebook. Cambridge Analytica. Need I say more? There's plenty to discuss. Among them is the question of similarities between what happened and the Obama campaign — which is why we're lucky to be joined this week by Catherine Bracy, who led the Obama campaign's San Francisco tech office, and worked on its Facebook app, for a discussion about what really went down with Cambridge Analytica, and all the misinformation that's out there.