Vidushi Dyall (Chamber of Progress) discusses the remedies phase of the Google search antitrust trial. Will Judge Mehta order Google to sell Chrome? To license its search data? To stop paying Apple for default status? And: With AI advancing rapidly, why are we talking about any of this?

Sorry about Corbin’s sound quality! He’ll be back in front of a proper microphone next episode.

Links:

Tech Policy Podcast 353: The Google Search Antitrust Trial

Tech Policy Podcast 393: Herbert Hovenkamp on the State of Antitrust Law

Jess Miers (Akron Law) discusses the problems with the Take It Down Act—the federal bill that (ostensibly) targets non-consensual intimate imagery.

Topics include:

• What does Take It Down (claim) to do?
• FFS, enforce the laws you have!
• “Sexually explicit content” (in a normal world)
• Brendan Carr is a preview of things to come
• Amy Klobuchar is asleep
• Is the “it” in Take It Down “all adult content”?
• The censorship administration

Links:

Jess’s Bluesky thread on Take It Down

The Take It Down Act Isn’t a law, It’s a Weapon

Tech Policy Podcast 403: The Constitutional Crisis

Tech Policy Podcast 404: The Worst Possible Moment to Break Encryption

Eric Goldman (Santa Clara Law) discusses his new paper, “The ‘Segregate-and-Suppress’ Approach to Regulating Child Safety Online.”

Topics include:

• The many kinds of online age-verification law
• Age verification as an information problem
• Fancy tech as deus ex machina
• Data collection today; state surveillance tomorrow
• What about devices and app stores?
• The internet and Maslow’s hierarchy of needs
• Child safety: it takes a village
• The parental consent nightmare

Links:

The “Segregate-and-Suppress” Approach to Regulating Child Safety Online

Age-Verification Laws Are a Verified Mistake

Tech Policy Podcast 354: Online Age Verification (Sucks)

Corbin Barthold (TechFreedom) discusses the recent spate of attacks on end-to-end encryption—and free speech more broadly—in the United Kingdom and United States.

Links:

U.K. Orders Apple to Let It Spy on Users’ Encrypted Accounts

Tech Policy Podcast 356: The UK Targets End-to-End Encryption

The UK’s state-funded anti-encryption propaganda

The UK Has A Voyeuristic New Propaganda Campaign Against Encryption

Liz Dye and Andrew Torrez (Law & Chaos) discuss the Trump administration’s renditions to El Salvador, its purges of Justice Department lawyers, and other heinous things you should worry about.

Links:

Law & Chaos

Trump v. J.G.G. (SCOTUS)

Noem v. Abrego Garcia (4th Cir.)

Trump docket w/ CourtListener links

The Constitutional Crisis Is Here

In a crossover episode with the Rethinking Antitrust podcast, Bilal Sayyed (TechFreedom) questions our host, Corbin Barthold, about the presidential removal power, Humphrey’s Executor, the FTC, the Trump administration, and the Roberts Court.

Note: This episode was recorded just before the D.C. Circuit issued an interlocutory order addressing the president’s removal power as to the NLRB and the MSPB. That order is in the links.

Links:

Rethinking Antitrust

The Executive Power of Removal

Will the Supreme Court Face Down Trump or Flinch?

The D.C. Circuit’s post-recording order

Chris Marchese, NetChoice’s director of litigation, discusses the many, many lawsuits NetChoice has brought to defend free speech on the Internet.

Topics include:

• Texas’s HB 20: time to create a 100,000 page record
• NetChoice speaks for you!
• California’s building code for the Internet
• “Addictive”: you keep using that word . . .
• Targeting social media = targeting the little guy
• Age-gating the Web: bad idea then; bad idea now

Links:

Second preliminary-injunction order in NetChoice v. Bonta (N.D. Cal.)

Tech Policy Podcast 383: SCOTUS Internet Non-Law

Anupam Chander (Georgetown Law) discusses the many bad precedents—legal, geopolitical, and otherwise—that we’ll be living with in the wake of the Supreme Court’s decision to uphold the TikTok ban.

Links:

TikTok v. Garland Opens the Door to Global Censorship

Harvard Law School Rappaport Forum: TikTok and Free Speech

The National Security Internet

Tech Policy Podcast 399: What the TikTok Ruling Should Have Said

Jeffrey Fisher (Stanford Law) argued the TikTok case before the Supreme Court, on behalf of a group of U.S. TikTok users. He and host Corbin Barthold (TechFreedom) discuss the SCOTUS TikTok ruling that should have been.

Links:

U.S. TikTok Petitioners’ Opening Supreme Court Brief

Tech Policy Podcast 394: Tech and Trump 2.0

Tech Policy Podcast 371: So You Want to Ban TikTok

Tech Policy Podcast 344: TikTok and the First Amendment

TechFreedom’s Corbin Barthold, Andy Jung, and Santana Boulton continue their discussion of the many, many things going on in AI innovation, competition, and regulation. 

Topics include:

• The Lina Khan AI crackdown (that we averted)
• What’s next for the FTC and AI?
• (More) AI culture war
• 600 state AI bills (might be 600 too many)
• Blackpilled about Europe
• Micromanaged deregulation (is not a thing)
• Will the EU become unaligned?

Links:

Don’t California My Texas: Stargate Edition

The European Commission’s (Anti)Competitiveness Compass

How Liberal Democracy Might Lose the 21st Century

Tech Policy Podcast 394: Tech and Trump 2.0