Tech Policy Podcast

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

TechFreedom’s Corbin Barthold, Andy Jung, and Santana Boulton take you on a tour of the many, many things going on in AI innovation, competition, and regulation. 

Topics include:

• First signs of AI escape velocity?
• Automated luxury libertarianism
• The Trumpian vibe shift
• AI culture war
• The AI $$$$ bonfire
• The one-week DeepSeek freakout
• Is regulation futile?

Links:

Tyler Cowen on OpenAI’s Deep Research

Dwarkesh Patel on fully automated firms

Trump Signs AI and Tech Executive Orders

Some Simple Lessons From China’s Big AI Breakthrough

Tech Giants Double Down on Their Massive AI Spending

Maggie Miller (Politico) discusses the Chinese Communist Party’s sweeping cyberwar on the United States.

Topics include:

• What is Salt Typhoon?
• The CCP is on the phone
• Holiday break > national security
• Volt Typhoon (it gets worse!)
• Is the Trump team taking this seriously?
• Save CISA!
• The CCP ♥️ the Thucydides Trap

Links:

We Need to Talk About Salt Typhoon

How Chinese Hackers Graduated From Clumsy Corporate Thieves to Military Weapons

Orin Kerr (Stanford Law) discusses his new book “The Digital Fourth Amendment: Privacy and Policing in Our Online World.”

Topics include:

• The un-original Fourth Amendment
• Should crooks just not carry smartphones?
• Do originalists cheat on the 4A?
• SCOTUS 4A rulings as equilibrium adjustment
• Content vs. metadata
• The mosaic theory (is unworkable)
• Applying the 4A to tomorrow’s tech today

Links:

The Digital Fourth Amendment: Privacy and Policing in Our Online World

Tech Policy Podcast 368: How the Government Gets Your Data

Tech Policy Podcast 339: Will Tech Swallow the Fourth Amendment?

Tech Policy Podcast 294: Border Searches of Digital Devices

Ari Cohn (FIRE) and Corbin Barthold (TechFreedom) preview the biggest tech policy issues of the Trump II administration.

Topics include:

• TikTok ban: still unconstitutional
• Trump’s bonkers TikTok brief
• Was it worth it, Brendan Carr?
• Obsolete rules for obsolete TV networks
• Carr & Sec. 230: not how any of this works
• Andrew Ferguson plays MAGA Mad Libs
• Ferg & antitrust: not how any of this works
• KOSA rises from the crypt

Links:

Tech Policy Podcast 344: TikTok and the First Amendment

Tech Policy Podcast 371: So You Want to Ban TikTok

Christopher Terry’s Carr/Fox FOIA request

The Incoming FCC Chair Is Threatening to Censor Views He Doesn’t Like

Andrew Ferguson’s FTC enforcement priorities

The Trump II FCC and FTC Will Use Any Stick to Beat a Dog