Techdirt

This isn't the first time we've discussed this on the podcast, and it probably won't be the last — disinformation online is a big and complicated topic, and there are a whole lot of angles to approach it from. This week, we're joined by Renee DiResta, who has been researching disinformation ever since the anti-vaxxer movement caught her attention, to discuss what exactly it means to say social media platforms should be held accountable.

The apparent success of MoviePass raises a whole bunch of interesting business model questions — and privacy concerns about the data-harvesting portion of that business model add another layer of complexity. So this week, we're going back to a good old-fashioned formula for the podcast, and dedicating an episode to examining the company in detail and trying to figure out where it might be headed.

It wasn't very long ago that we last discussed SESTA on the podcast, but now that the House has voted to approve its version of the bill with SESTA tacked on, it's unfortunately time to dig into the issues again. So this week we're joined by returning guest Emma Llansó from the Center for Democracy and Technology and, for the first time, law professor Eric Goldman to talk about why the combination of SESTA and FOSTA has resulted in the worst of both worlds.

When a tech company is huge and dominant, it can feel like competing with them is impossible. Worse still, it can sometimes feel like innovating is impossible, since they might just step in and take over as soon as someone executes on a good idea. Once upon a time this was how startups felt about Microsoft, while today it's more likely to be Google or Facebook. But no company, no matter how mighty, is immune to being disrupted — and figuring out how is the subject of this week's episode.

In 2016, mostly out of frustration, I wrote a post about how traffic is fake, audience numbers are garbage, and nobody knows how many people see anything. My feelings haven't changed much, and neither has the digital advertising ecosystem. And since regular podcast co-host Dennis Yang runs a digital metrics company, it only made sense for us to hash it out on an episode all about audience measurement and how it shapes online advertising. 2016 Post: https://tdrt.io/fOt

A couple of weeks ago, Mike was in Washington, DC for the State Of The Net conference, where he participated in a panel called Internet Speech: Truth, Trust, Transparency & Tribalism. For this week's podcast, we've got the audio from that conversation with all sorts of interesting ideas about how people are dealing with fake news, trolls, propaganda and more.

When it comes to many of the legislative issues of interest to us here at Techdirt, we've always been able to count on at least one voice of reason amidst the congressional chaos: Representative Zoe Lofgren from California. In addition to playing a critical role in the fight against SOPA, she continues to be a voice of reason against bad copyright policy, expansive government surveillance, and the broken CFAA, among many other things. This week, she joins Mike on the podcast for a wide-ranging discussion about these topics and more.

Last week, Mike sparked lots of conversation with his post about rethinking the marketplace of ideas without losing sight of the importance of the fundamental principles of free speech. Naturally, there's plenty more to discuss on that topic, so this week we're joined by Buzzfeed general counsel Nabiha Syed — whose recent article in the Yale Law Journal, Real Talk About Fake News, offered a thorough and insightful look at free speech online — to try to cut through all the simplistic takes on free speech and talk about where things are going. Mike's post: https://tdrt.io/gCy Nabiha's article: https://www.yalelawjournal.org/forum/real-talk-about-fake-news

In the midst of the political chaos in America and the world at large, a whole lot of attention has been turned to Facebook and its role in modern democracy. The social network has responded by announcing another round of news feed changes, the true impact of which (if any) remains far from clear. This week, we're joined by Mathew Ingram from the Columbia Journalism Review to talk about Facebook's changes, and whether we can or should expect them to fix anything.

Mike was at CES 2018 last week, and now for the third year in a row we've got our special episode of the podcast dedicated to looking at the best (and worst) innovations on show. As usual, he's joined by long-time CES veteran Rob Pegoraro — so without any further preamble, here's the CES 2018 Post-Mortem.

If you've been reading Techdirt for more than five years, you probably remember the conclusion of Mattel v. MGA — and if you've been reading for more than thirteen years, you might even remember when it started. This epic legal battle over intellectual property went through nearly a decade of rulings and reversals, and the resulting story is a fascinating one that ties in a lot of the topics we discuss here at Techdirt. It's also the subject of the new book You Don't Own Me by law professor Orly Lobel, who joins us on this week's episode to revisit this particular law opera and what it says about the wider world of IP.

Even those of us who believe that the internet is overall a tremendous positive force when it comes to discourse and culture can admit that, in many parts of the online world, having constructive and substantive conversations is... difficult. And that issue has most certainly come to the fore in the last couple of years. So this week, we're joined by author Barry Eisler (one of our first and most frequent podcast guests) to tackle the challenge of framing important debates in productive ways, and actually getting somewhere with them.

Gaming is changing the nature of storytelling. Video games of course — but also the modern rise of board games, tabletop RPGs and other forms of analog gaming. A good game does more than just arbitrarily pair play with a veneer of narrative, it marries the mechanics and the ideas to enable interesting new ways of conveying and exploring complex ideas. This week, we're joined by game designer Randy Lubin to discuss how games can tell stories in a way nothing else can.

Normally, we wouldn't dedicate a whole episode of the podcast to talking about a single app — but every now and then something small comes along that contains innovations worth exploring. So this week, we're taking a look at the hit trivia app HQ, which is one of the first new things in recent memory to gain real momentum with "appointment viewing".

If you're a Techdirt reader or just a general regular on the ol' internet, our topic this week — the current situation with net neutrality and the FCC — needs little introduction. And we've got two very special guests joining us to discuss it: former FCC Chair Tom Wheeler (author of the rules that Ajit Pai is currently undoing) and his former advisor Gigi Sohn (who joined us on the podcast in February to predict pretty much exactly what is now happening). There are few people as qualified to talk about these issues, so enjoy this week's episode looking at Trump's FCC and the future of the internet as we know it.

We've been talking about internet platform regulation for a long time, but in the past year these issues have gotten a huge amount of increased focus — for a bunch of fairly obvious reasons. But a lot of people who are fairly new to the issue tend to make a lot of questionable assumptions and jump to some problematic conclusions, so this week we're joined by someone who has been studying these questions for many years — Annemarie Bridy, a law professor at the University of Idaho and Affiliate Scholar at the Stanford University Center for Internet and Society — to discuss the complicated consequences of various attempts to regulate online platforms.

I don't think I need to say much to introduce this week's topic — we're all well aware of the conversation about Facebook's role in the presidential election, including questions of filter bubbles, fake news, foreign influence, and so on and so on. As is always the case in situations like this, a lot of people seem to be looking for easy answers, and easy places to point fingers of blame, so in this week's episode we're discussing why it's just not that simple.

As smartphones and other mobile devices have gotten smarter and smarter, they've taken over more and more of most people's general computing needs, and the importance of the classic personal computer has waned. And so for some time the question has been: will the PC ever go away entirely? That's our topic this week as we try to figure out who really needs a PC these days, and when and if that will change.

This episode was supposed to come two weeks ago when the news was a little fresher, so by now you almost certainly know all about the copyright claims on Donald Trump's appearances on the Howard Stern show. Though delayed by an outage at our cloud recording provider, the episode is still an interesting listen, with frequent Techdirt contributor Cathy Gellis joining the podcast to discuss the deeper question of whether copyright truly even exists on the interviews in the first place. Sorry for the delay, and we hope you enjoy it!

The rapid forward march of technology has long bred two leading camps of onlookers: the techno-optimists and the techno-pessimists. Honest people on both sides, however, must admit that technological innovation has had both positive and negative effects. Internet legend Tim O'Reilly is one of the people who think a lot about these issues, and his new book WTF? What's the Future and Why It's Up to Us — which discusses in detail the world that we are building with technology — was released today, and we're pleased to have him join us on this week's episode to talk about the book and the future of innovation.

Facebook is under a lot of scrutiny these days over its advertising and content moderation systems, especially since the high-profile revelation of Russia-backed ads during the election. But are things being blown out of proportion? And what, exactly, is to be done? This week we dig in to Facebook's ongoing advertising scandals, and debate what they really mean.

Last Friday on Techdirt, we posted video from the World Hosting Days, in which Mike Masnick sat down for a talk with Mike Godwin — a.k.a. the originator of "the Streisand Effect" meeting the creator of "Godwin's Law". As promised, we've got the audio from the event for this week's podcast, so if you haven't watched the video (or you just want to revisit it) tune in for a fun discussion about the history and changing meaning of these now-famous terms. Watch the video: https://www.techdirt.com/articles/20170915/16541938217/when-godwins-law-met-streisand-effect.shtml

While the 20th century was defined by mass production, since the digital revolution there has been talk about what might be the main trend of the 21st century: mass customization. Today, we're starting to see customizable mass-produced offerings pop up in a number of spaces such as apparel, and this week we discuss whether mass customization is finally approaching critical mass.

Just over a year ago, when Pokémon Go was taking the world by storm, we dedicated an episode of the podcast to discussing what made it so successful, and ended up with some differing predictions about what its future would be. Now, with the hype long and truly over but the game still far from dead (though just how far is up for debate), it's time to revisit the subject and figure out who, if anyone, was right about the future of Pokémon Go. Hear the original episode: https://soundcloud.com/techdirt/is-it-the-pokemon-or-the-go-that-matters

Can you believe it? Tomorrow is our 20th anniversary! Techdirt has come a long way since Mike started it as a newsletter on August 23rd, 1997, and this week's episode of the podcast is a celebration and exploration of that history. Mike and Dennis are joined by Medium's Alex Feerst acting as moderator/interviewer to discuss the past 20 years of Techdirt.

Recently, we've been writing about SESTA, Congress' latest attack on Section 230 of the CDA, and helping to organize a campaign against it. But there's still a lot of misunderstanding and misinformation out there regarding the bill, so this week we're joined by Daphne Keller from Stanford's Center For Internet And Society and Emma Llansó from the Center for Democracy and Technology to dig deeper into the problems with the bill and why protecting Section 230 is vital.

If you're a fan of the Reply All podcast, then you're probably still processing the story they told in a recent two-part episode about the insane lengths that host Alex Goldman went to track down a phone scammer. If you haven't heard the story, and you think you've seen all there is to see on the "messing with scammers" front... well, you're in for a surprise. We strongly suggest you listen to the Reply All story first — then listen to our conversation with Alex about the whole saga on this week's episode of the Techdirt Podcast. Reply All Episode 102, "Long Distance" - https://gimletmedia.com/episode/long-distance/

Smartphones have been one of the most world-changing innovations of our time — and for a long time, smartphone design was a hotbed of innovation. But more recently that innovation seems to have stagnated. So where does this technology go next? That's the subject of this weeks episode, in which we try to figure out whether smartphone innovation is still happening.

The economy is important — very important. But is that because it matters in and of itself, or because it's the engine for achieving the things we really do care about? Here at Techdirt we've always been strong advocates of the free market, but we've never been absolutists about things like regulation, and we believe it's very important to explore these issues in detail. This week on the podcast we're joined by James Allworth, co-host of the Exponent podcast and author of a recent post entitled Prioritizing Economics is Crippling the U.S. Economy, to discuss entrepreneurship, democracy, the economy and more. Read the article: https://medium.com/@jamesallworth/the-slow-decay-of-americas-entrepreneurial-society-f9aeb6145891

You may have heard the joke: the best way to do product design for Facebook is to get a job at Snapchat. We've all seen how, after failing to buy the company, Facebook has wasted little time in building its own versions of most of Snapchat's key features. So... is this a problem? That's the subject on this week's episode, were we discuss the ins and outs of this kind of copying and what it might mean for the future of social media.

If you read our post yesterday, you know that Techdirt friend Rob Reid is releasing his latest novel, After On by publishing the first near-half of the book for free on Medium ( https://medium.com/s/after-on/ ). As promised, today we're joined by Rob on the podcast for a discussion about the book, the launch, and what it's like to publish science fiction in 2017. And don't forget to get your copy of the book at http://amzn.to/2sWUBRE

As we reported last month, CDN provider Cloudflare has decided to hit back against patent troll Blackbird Technologies with an aggressive strategy. Leading this charge is Doug Kramer, Cloudflare's General Counsel, who joins us this week to discuss the current situation with Blackbird and the broader patent landscape.

This week's episode is all about copyright and culture, with a pair of the best guests you could ask for on the subject. Almost ten years ago, law professors Keith Aoki, James Boyle and Jennifer Jenkins released a comic book about copyright called Bound By Law, and now they are back with a sequel: Theft: A History of Music. This week, James and Jennifer join us to discuss the new comic and the history of copyright and music (with lots of fair use music snippets to demonstrate the legacy of 'theft')! You should also be sure to check out the comic itself! You can download a digital copy for free of course, but for those who want to get their hands on the beautiful paperback edition, we've got a limited time offer for Techdirt fans: you can get it for only $8.99 at Createspace (that's 40% off!) when you use the discount code 2FESBPRQ within the next two weeks. It's also available on Amazon with a free Kindle edition included when you buy.

We've made FOIA requests several times over the years, with varying results — but there are others out there who have dedicated their careers to understanding and using the FOIA process. One such person is Jason Leopold, a Buzzfeed reporter and FOIA litigator who was dubbed a "FOIA terrorist" by the government. He joins us this week on the podcast to discuss the ins and outs of Freedom Of Information.

One of the fundamental strengths of the internet has always been its decentralization, but over time we've seen a bunch of different forces start to distort this setup. This week, we're joined by Jamie King, director of Steal This Film and host of the Steal This Show podcast to discuss the ongoing efforts to restore the decentralization of the web.

This week we've got a special crossover episode with our friends at TechFreedom. Mike joined their Tech Policy Podcast recently to discuss notice and takedown systems and the future of internet copyright, and we're cross-posting the conversation as an episode of the Techdirt Podcast too.

When the "death of the MP3" started being reported, we were among the very few blogs that said umm, no — but the deluge of eulogies for the still-thriving format has been overwhelming and quite surprising. This week I join the podcast to discuss why the MP3 isn't dead, and how so much of the tech press got it so wrong.

Most Techdirt readers are already familiar with Cory Doctorow, whether via his EFF work, the BoingBoing blog, his novels, or all of the above. This week, he joins us on the podcast to discuss his new book Walkaway and much, much more.

The current instalment of the crypto wars hit full stride with the clash between Apple and the FBI, but in truth the tension over encryption has been around for a long time — and it doesn't look like it's going away anytime soon. As our readers know, Tim Cushing has been following these developments closely, and this week he joins the podcast for a discussion about encryption, law enforcement and "going dark".

In the post-Snowden era, we don't have to tell you how important it is to stay engaged with (and vigilant about) the surveillance state in America. Jennifer Granick is the Director of Civil Liberties at the Stanford Center for Internet and Society, and author of the new book American Spies — and this week she joins us for an in-depth discussion about the surveillance state today. Of course, shortly after we recorded this podcast, the NSA made major changes to one of its surveillance programs, so Jennifer returned to record an addendum examining this latest news, so make sure you listen to the end!

It doesn't take many stories of people suffering due to unaffordable medicine to make you question the state of pharmaceutical patents, but the arguments in their defense are loud and frequent. Most are variations on the same theme: without the promise of a monopoly, important drugs would never be researched and developed. But does this argument truly hold up? It's come up as a tangent in previous episodes of the podcast, but this week we're dedicating a full episode to questioning the popular defenses of pharma patents and looking for a better way forward.

We've talked before about how the very nature of work is changing thanks to technology, with telecommuting being an obvious trend — but despite some early predictions about the death of the physical office, the reality is offices have been evolving and changing thanks to technology and innovation too. This week, we discuss co-working spaces and other trends in the evolution of offices.

Since Congress threw out new privacy rules for ISPs that were supposed to come into effect soon, there's been a renewed uproar on all sides of the debate about internet regulation. While the big ISPs generally want to be able to do as they please, there are smaller service providers out there that fully understand and embrace the need for privacy, net neutrality and more. One such ISP is Sonic, and this week we're joined by CEO Dane Jasper to discuss why these rules are a good thing.

For a long time now, "use a VPN" has been the default online privacy advice — but is it really so effective? Following the recent VPN boom that came on the tails of Congress scrapping new ISP privacy rules, a few security experts have stepped forward to explain how VPNs aren't all they're cracked up to be, and choosing and using one isn't as easy as many articles and social media posts suggest. Among them are this week's guests, Kevin Riggle (who provided a quick and dirty primer with the key suggestion that most people are safer not using a VPN) and Kenn White (who assembled a list of VPNs he deems "terrible" and not without good reason, recommending a roll-your-own solution instead). They join us to dig deeper into the reality of VPNs and hopefully help some people make better choices.

The basic impetus behind DRM is obvious: a frantic, misguided desire to make digital products behave like physical ones. But the truth is DRM goes far, far beyond that, restricting all sorts of activities that are intrinsic to the idea of "owning" something. Two people who have thought a lot about this are law professors Aaron Perzanowski and Jason Schultz, authors of the new book The End Of Ownership. This week, Aaron and Jason join the podcast to discuss the book and the worrying status of DRM today.

Always-on, voice-operated assistants are on the rise, and most of the industry seems to have agreed that Amazon's Alexa is at the top of the pack. Podcast host Dennis Yang was and is an early adopter of these devices, so this week he's brought along Alexa, Google Now and Siri as guests for a discussion about the future of this technology.

The rise of drones in both the personal and commercial spheres has happened with stunning speed, and its created a whole bunch of hard-to-answer regulatory questions. This week we're joined by Notifleet's Siggi Hindrichs to discuss the current state and future of drone regulation by the FAA.

From its humble origins as an online bookseller that many people worried might not survive, Amazon has grown into a critical piece of the web's backbone via its Amazon Web Services platform. Last week's S3 outage made this painfully clear, and understandably raised lots of concerns — especially after it was revealed that the whole thing was caused by a typo. So this week we're discussing whether something needs to be done, and what that might be.

The finding and booking of flights is a massive and elaborate global mechanism that contains both fascinating technology and useful secrets. This week, we're joined by Adam Fletcher, co-founder of Gyroscope Software and an architect of Google's airline reservation system, to talk about all the technology behind commercial air travel today.

Innovation isn't easy, but success in Silicon Valley involves a bigger dose of luck than a lot of entrepreneurs seem prepared to admit. Chance gets left out of the economic equation all too often, and this week we're joined by Mike's own Econ 101 professor from Cornell, Robert Frank, to discuss the role of luck in the world of entrepreneurs and innovation.