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The theme of this episode of the Cyberlaw Podcast is, “Be careful what you wish for.” Techlash regulation is burgeoning around the world. Mark MacCarthy takes us through a week’s worth of regulatory enthusiasm.  Canada is planning to force Google and Facebook to pay Canadian news media for links. It sounds simple, but arriving…

Our news roundup for this episode is heavy on China and tech policy. And most of the news is bad for tech companies. Jordan Schneider tells us that China is telling certain agencies, not to purchase Teslas or allow them on the premises, for fear that Elon Musk’s famously intrusive record-keeping systems will give…

This episode features an interview with Jason Fagone, journalist and author of The Woman Who Smashed Codes: A True Story of Love, Spies, and the Unlikely Heroine Who Outwitted America’s Enemies. I wax enthusiastic about Jason’s book, which features remarkable research, a plot like a historical novel, and deep insights into what…

This episode features a deep dive into the National Security Agency’s self-regulatory approach to overseas signals intelligence, or SIGINT. Frequent contributor David Kris takes us into the details of the SIGINT Annex that governs NSA’s collections outside the US. It turns out to be a surprising amount of fun as we stop to examine…

David Kris, Paul Rosenzweig, and I dive deep on the big tech issue of the COVID-19 contagion: Whether (but mostly how) to use mobile phone location services to fight the virus. We cover the Israeli approach, as well as a host of solutions adopted in Singapore, Taiwan, South Korea, and elsewhere. I’m a big fan of Singapore, which produced in a week an app that Nick Weaver thought would take a year.

In our interview, evelyn douek, currently at the Berkman Klein Center and an SJD candidate at Harvard, takes us deep into content moderation. Displaying a talent for complexifying an issue we all want to simplify, she explains why we can’t live with social platform censorship and why we can’t live without it. She walks us through the growth of content moderation, from spam, through child porn, and on to terrorism and “coordinated inauthentic behavior” – the identification of which, evelyn assures me, does not require an existentialist dance instructor. Instead, it’s the latest and least easily defined category of speech to be suppressed by Big Tech. It’s a mare’s nest, but I, for one, intend to aggravate our new Tech Overlords for as long as possible.…

Continue Reading Episode 308: Location, location, location. And the virus.

We kick off Episode 267 with Gus Hurwitz reading the runes to see whether a 50-year Chicago winter for antitrust plaintiffs is finally thawing in Silicon Valley. Gus thinks the predictions of global antitrust warming are overhyped. But he recognizes we’re seeing an awful lot of robins on the lawn: The rise of Margrethe Vestager in the EU, the enthusiasm of state AGs for suing Big Tech, and the piling on of Dem presidential candidates and the House of Representatives. Judge Koh’s Qualcomm decision is another straw in the wind, triggering criticism from Gus (“an undue extension of Aspen Skiing”) and me (“the FTC needs a national security minder in privacy and competition law”). Matthew Heiman tells me I’m on the wrong page in suggesting that Silicon Valley’s suppression of conservative speech is a detriment to consumer welfare that the antitrust laws should take into account, even in a Borkian world.…

Continue Reading Episode 267: “Call me a fascist again and I’ll get the government to shut you up. Worldwide.”