Techdirt

Net neutrality is at risk. The FCC under Ajit Pai is clearly intent on destroying it, and this is quickly turning into a fight for the future of the internet. This week, we're joined by Gigi Sohn, one of former chairman Tom Wheeler top advisors at the FCC and now a fellow at the Open Society Foundation, to discuss what's happening at the FCC and what needs to be done in response.

The adoption of self-driving cars is rapidly changing from science fiction to present reality. We had a preliminary discussion on the subject here on the podcast a couple years ago, but today we're digging more deeply the impact this is having, especially on policy. R Street Institute senior fellow Ian Adams joins us as a special guest this week for a discussion about the many implications of this accelerating technological shift.

For obvious reasons, politics and government are on just about everyone's mind at the moment, prompting a vast range of reactions and opinions. A lot of people who share a desire for change are divided not only by what form they think that change should take, but by what methods they think should be employed to achieve it. Former Senate staffer and long-time Techdirt friend Jennifer Hoelzer recently wrote a column entitled Your Government Won't Change... Unless You Do and this week she joins us on the podcast to delve further into this idea and what it means for optimists, cynics, pragmatists and everyone else.

After years of working on the go, Mike has the mobile office down to a science — and wherever he sets it up, nearby gadget geeks have plenty of questions and comments. So this week we're joined by Espree Devora, host of the podcasts Women In Tech and We Are L.A. Tech, for a fun discussion about today's high-tech offices-in-bags.

Last year, we got a lot of positive feedback on our episode taking a look at the Consumer Electronics Show with the help of journalist Rob Pegoraro. So this year, we've brought Rob back for another look at the highs and lows of CES.

On the surface, the idea of "pro and con" debates seems like a good way to ensure an issue is fully explored. But is it truly a productive approach? This week, we debate the nature of debates and possible alternatives to the adversarial approach.

The internet of things has been taking plenty of flack ever since the first time someone floated the idea of a connected fridge or some-such in the 90s — but despite the knee-jerk instinct to scoff at some things, the truth is there are all sorts of interesting possibilities emerging from all these "pointless" connected devices. Of course, there are also some serious security concerns... This week, we discuss IoT and what the ever-increasing presence of such devices means for the future.

Elon Musk got plenty of attention recently for announcing his plans to colonize Mars. But that's not exactly a new idea — so we wondered if it was really a different, exciting and realistic plan, or just a reiteration of the standard far-flung dream. To answer that question, we brought in three experts: Amy Shira Teitel (a space and flight historian and creator of YouTube's Vintage Space videos), JPL's Fred Calef (a Mars geologist and "keeper of the maps" for Mars rovers), and the New Space Intiative's Tanya Harrison (who worked on Curiosity and several other Mars missions). The result was a fascinating discussion about Mars and whether or not we're actually headed there any time soon.

The news industry has been in an ongoing state of upheaval ever since the dawn of the internet. In addition to the many ways that technology changes reporting and publishing, there has also been a profound effect on how people find their news. This week, we step away from the big debate about echo chambers and filter bubbles, and talk about evolving news-finding habits and what they mean for the industry.

It's our 100th episode! And to celebrate, we're not only talking with Patreon founder Jack Conte, we're announcing that the Techdirt Podcast is now on Patreon too!

Though the notion of the Facebook "filter bubble" has been around for a while, it's picked up a huge amount of steam following the election of Donald Trump — perhaps just a little too much steam. While Techdirt has long been of the opinion that pointing fingers at Facebook is misguided, there are plenty of people who disagree. This week, we're joined by one such person — long-time media commentator and senior editor at Fortune Mathew Ingram — for a lively debate about just how much of a problem the filter bubble really is, and how you'd go about solving it.

Well, today's the day. By tomorrow there will be a new President of the United States, and a large segment of the population claiming that they were robbed by the system. But immediate anger aside, that system is hardly above criticism: the Electoral College has had all sorts of unanticipated and often undesirable effects on democracy, and a wide variety of alternatives have been proposed. This week we discuss the question: is there a better way to pick the president?

Monopolies are one of the areas that even the most staunchly anti-regulation folks often agree there is a role for government intervention. In the world of tech, multiple big antitrust fights have broken out and continue to rage in both America and the EU — but how effective is this kind of regulation and how often should it really happen? This week, we discuss whether or not there is a role for antitrust in the world of technological innovation.

Software patents have been dubious since their inception — not just in principle, but legally too. Past rulings have called their validity into serious question, and now an opinion from a prominent pro-patent judge has called for people to admit that they simply shouldn't exist. This week, we discuss what this opinion means for the (hopefully short) future of software patents.

We wanted to do an episode all about examining the tech policy platforms of the 2016 presidential candidates, but that proved impossible since one candidate's is vague and noncommittal while the other's doesn't exist at all. Since a nuanced discussion about robust tech policy platforms was probably a bit much to hope for from this election anyway, for this week's episode we're discussing what a great presidential tech platform should look like under less absurd circumstances.

Yup, we're doing it — we're tackling the much-derided controversy over Apple's decision to remove the analog headphone jack from the iPhone! I join this week's episode myself as a guest host, and in truth none of us really think it's any kind of "apocalypse" — but none of us are huge fans of the move either. We discuss the questionable technical advantages, the looming spectre of DRM, and more.

Edward Snowden deserves a pardon. We all know it — even if you believe he deserves to stand trial, the only option right now is an unfair trial on Espionage Act charges in which he'd be blocked from presenting a meaningful defense. A pardon from those charges is the only just choice. This week, we're joined by Trevor Timm, co-founder of the Freedom Of The Press Foundation, and returning guest Parker Higgins to discuss why Edward Snowden deserves a pardon, and the campaign to get him one deserves your support.

Data breaches that expose passwords are pretty much a fact of life at this point — and the effects are multiplied by the fact that many, many people reuse passwords no matter how much they know they shouldn't. As such, there's a big push to move to password managers, two-factor authentication, and even biometrics — because the simple fact is the password sucks. This week, we're discussing what if anything will succeed in replacing it.

Facebook's efforts to moderate content that appears on the social network have run into numerous problems, most recently with a famous war photo and a bunch of blog posts. Some have made absurd demands in response, such as giving old-school media editors special posting privileges, while others have objected to the idea of Facebook censoring any content whatsoever. But is that objection realistic? This week, we discuss the complicated question of Facebook moderation, and what the company's role can and should be.

As technology ushers more and more things towards the realm of "post-scarcity", an inevitable conversation has arisen around the very roots of capitalism and what this rapid change means for our economic systems at the most fundamental levels. But the answer is far from simple — is capitalism dying? Can it evolve? Is the whole question being framed incorrectly? This week, we discuss the notion of a post-capitalist world, what it might look like, and how close it actually is.

Not all Kickstarter campaigns are created equal. Even the mostly-good ones that eventually satisfy their backers are often plagued with delays and poor communication. But once in a while, there's a campaign that runs smoothly, communicates openly, and delivers a great product on time as promised — and Minaal is one company that pulled off such a campaign to launch its line of travel bags. This week, we're joined by co-founder Jimmy Hayes to discuss how they pulled it off and what their experience can teach us about other campaigns and the broader crowdfunding ecosystem.

Gawker's gone, and that's that. And yet, whenever we've expressed concerns over the billionaire vendetta that brought it down, we've faced a huge amount of pushback from people who had problems with the site and its reporting practices. This week, we're joined by Parker Thompson aka Startup L. Jackson for a friendly debate about whether the Gawker shutdown really is a big deal.

Ira Rothken is on the front lines of many major legal battles relating to copyright and piracy, including defending Megaupload founder Kim Dotcom and, most recently, taking up the defense of Kickass Torrents operator Artem Vaulin. This week, Ira joins us on the podcast to discuss the ins and outs of these and other cases where the entertainment industry has come down hard on consumers and innovators.

The internet is built on a solid foundation of open protocols: TCP/IP, HTTP and SMTP especially, plus more modern entrants like RSS and BitTorrent. But even those aren't so new anymore, and it seems like the era of the open protocol might be coming to an end, supplanted by the drive to create proprietary closed platforms. This week, we discuss whether the open protocol is dead, and what that means for the future of the open internet.

Algorithms have become a powerful force in the world, but for all the impressive good they do, they sometimes show some worrying tendencies. Algorithms that discriminate are a problem that nobody's found a solution for yet. This week, we discuss why some algorithms appear to be racist, and whether there's anything that can be done about it.

Pokémon Go is an undeniable phenomenon, and the first mass-appeal hit from the world of augmented reality — a technology people have been expecting would transform gaming for years. That leaves a big question, though: is its popularity a sign of the future for AR, or is the game an isolated phenomenon that owes more to the popularity of its brand? This week, we discuss what we can learn from Pokémon Go, and whether we can truly learn anything at all.

Silicon Valley has produced lots of disruptive technologies — ways to solve problems by upending entrenched industries and, often enough, routing around protectionist regulations. But not all regulations are meaningless, not all industries are easy to disrupt, and sometimes "fake it until you make it" becomes plain old lying. This week, we discuss what happens when "disruption" goes wrong.

Chatbots have been around for a very long time in some form or another, but now they appear to be making a comeback — or at least attempting one. This week, Mike and regular co-host Dennis (who is working on a chatbot startup) are joined by special guest Veronica Belmont to discuss the potential of chatbots and just how much skepticism is warranted.

It should surprise nobody that the FBI is seeking even broader digital surveillance powers by changing the warrant requirements and expanding the power of national security letters. If you're a regular Techdirt reader, it also won't surprise you to learn that Senator Ron Wyden is working hard to hold the line against this kind of expansion. This week, we're joined by Senator Wyden to discuss what the FBI is up to and what the public needs to know about it.

Technology has made "direct democracy" — letting citizens vote on specific, granular issues instead of just electing representatives — more viable than ever, but does that mean it's a good idea? This week, we discuss the ins and outs of direct democracy, including a special addendum on the surprising results of the Brexit referendum.

Net neutrality has a long and complicated history, and despite some recent victories, that story is far from over. This week, Mike is joined by resident broadband expert Karl Bode to discuss what's next for net neutrality, and what we need to do to fight for it.

Netflix, HBO Go, Amazon Prime, YouTube, Twitch — online video is still booming. But it also still struggles under the weight of exclusive deals and content silos, and it feels like there's still plenty of innovation to be done. But where will that innovation come from? This week, we discuss the future of online video.

Both surveillance and the digitization of money are heavily-discussed topics, but the intersection between the two often goes overlooked. Historically, credit agencies have been trailblazers in the world of surveillance, and today we face the fact that the government can use payment providers and other financial tools as a means of enforcing its wishes. On this week's episode, we're joined by lawyer and writer Sarah Jeong, who recently wrote a four-part series on the subject, to discuss the past and future of credit, money, surveillance and the way they work together.

The conversation around tech policy has traditionally happened at the federal level, but more recently we've seen a change in that trend, and some of the most interesting experiments — both good and bad — have started happening in state and municipal arenas. This week, we're joined by Tech:NYC Executive Director Julie Samuels to discuss why this is happening and what it means.

Over the past few weeks, a jury heard the second round of the copyright fight between Oracle and Google over whether Google's use of the Java APIs in Android constituted copyright infringement, or whether it was fair use. In the end, the jury went with fair use. Reporter Sarah Jeong watched the entire trial from the courtroom and joins us on the Techdirt podcast this week to discuss both the legal details and the various oddities of this particular trial.

Consumers looking for an electric car have several options to consider, but the buzz and excitement around Tesla continues to dwarf everything else. It's hardly unfounded, but the scale of the company's success is staggering, and there's no single reason for it. This week, we discuss that simple question: just why is Tesla so successful?

The "gig economy" of on-demand peer-to-peer services like Uber has been gaining traction, but not every company is faring so well. In some areas, the rush of entrants has outstripped demand and left on-demand providers struggling to stay afloat. This week we discuss what happens when there's not enough demand for an on-demand platform, and what it might mean for the sector as a whole.

Back in March, Mike moderated a panel at RightsCon on the subject of intermediary liability and the delicate balancing act that platform providers have to play on that front, with lawyers from Meetup, Change.org, and Medium. This week, in lieu of a regular podcast episode we've got a recording of that discussion, which delves deeply into some of the difficult choices companies like this have to make.

Recently, some Facebook staffers raised an interesting question: should the social media giant employ its significant power to stem the rise of Donald Trump? This week, we discuss that notion and the broader question: should the internet companies that influence so many aspects of our communication and information gathering pursue political goals?

In a world defined by borders for thousands of years, the global nature of the internet has caused all sorts of confusion and absurdity. Geographically restricted content, fuzzily defined jurisdictions, libel tourism — these are all symptoms of a border-filled world coming to terms with a borderless network. Since attempts to carve up the internet along geographical lines aren't likely to stop anytime soon, this week we ask the question: are such attempts futile, and could online borders really serve any purpose to begin with?

Last week we were joined by Justin Peters, author of the new book The Idealist all about Aaron Swartz, free culture and digital activism. The first half of the discussion focused on that broader context, and this week we continue with a closer look at Aaron himself.

Anyone even remotely interested in free culture, the internet and copyright surely knows the name Aaron Swartz — but only some truly understand what made him tick, and why he was considered so special and important in that world. This week and next, we're joined by Justin Peters, author of The Idealist, a new book that takes a close look at Aaron himself as well as the internet culture that gave rise to his attitudes and activism, which is the focus of this first half of the discussion.

Anyone who reads Techdirt knows our opinion on encryption: stronger is better, and giving the government (or anyone else) a back door is a dangerous idea. We've decried a lot of the stupid arguments that we've heard in favor of back doors — usually coming from technologically clueless politicians and law enforcement officers — but that doesn't mean we aren't open to considering some smart ones. This week, we've invited Albert Wenger (who you may recall from a discussion about basic income way back in Episode 16) to share his pro-backdoor position and engage in some friendly debate.

If you want to send someone a message online today, you've got a hell of a lot of options. Far from the erstwhile IM dominance of ICQ, today there are messaging platforms of every shape and size, a blurring of the lines between messaging and social media, and messaging components incorporated into almost everything. This week, we ask a simple question: why so many, and what are they all for?

The battle for net neutrality seemed like it was over — but the regulations left a loophole open. Unsurprisingly, ISPs quickly started exploiting it, offering "zero rating" services to do an end-run around true net neutrality. Last week's guest Marvin Ammori joins us again this week, to discuss the true and imperfect state of net neutrality, and the many games internet providers play.

I don't think I need to reiterate how important the battle over the future of encryption is. It's not new, but rather the latest clash in a fight that has been raging for years, and the high-profile example of the San Bernardino attacker's iPhone has cast a spotlight on it. This week, we're joined by longtime Techdirt friend Marvin Ammori to dig into the details of this issue, its potential consequences, and its context in the history of encryption.

We all know the patent system is riddled with problems, and badly in need of reform. But reform comes slow — really, really slow. So some tech companies have been doing what they do best: innovate. They are finding ways to get around the biggest problems of the patent system without waiting on go-nowhere legislative reform efforts. This week we're joined by Julie Samuels, President of the Board at Engine, to discuss the innovation-based approach to navigating the patent system and changing patent culture.

There's something notable and odd about the conversation around content creation in the digital age: a stark divide between the camp that believes the sky is falling, and the camp that believes things are better than they've ever been. This week, we discuss the question of which narrative is correct... or is it neither? Or both?

Last week, we shared the first half of Mike's interview with Barry Eisler at the Commonwealth Club of California. This week, we've got the second half of that discussion, which pivots from national security and the surveillance state to Barry's novels, his experiences publishing them, and the time he met Keanu Reeves.

Those of you who've heard our previous episodes with Barry Eisler know that he has a unique insight into many of the topics we discuss here at Techdirt, stemming from the wide variety of perspectives he's had in his past: as an operative for the CIA, as a tech industry lawyer, and now as a bestselling author (his new book, The God's Eye View, explores a plausible future inspired by the Snowden revelations). Recently, Mike conducted an interview with Barry at the Commonwealth Club of California, and on this week's podcast we've got the first half of that interview, with a fascinating discussion about the truth (and fiction) of the modern surveillance state.