Techdirt

Last week, the attacks on Section 230 kicked into high gear with Senator Hawley's bill and the DOJ recommendations both coming out on the same day. As usual, the content of the bill and recommendations — and the discussion around them — is a huge mess, so this week we've got returning guests Emma Llansó and Cathy Gellis joining us to discuss just what's going on with Section 230 and what these proposals would do.

COVID-19 has thrust old questions about privacy into the spotlight, often with new and different framing, and raised the big question of whether our conception of privacy needs to change entirely in the midst of a pandemic. On this week's episode, we're joined by reporter, analyst and investor Esther Dyson to discuss the challenging ethical quandaries raised by the pandemic. Also, as a bonus, Dyson (who is a former founding chair of ICANN) takes a moment at the beginning to respond to our recent episode with Mike Godwin.

This week, we've got a special cross-post from 16 Minutes On The News — an excellent tech podcast by a16z that's well worth subscribing to. For the latest episode, host Sonal Chokshi interviewed Mike all about Section 230 and Trump's recent executive order about social media — and as you might imagine, it took a lot longer than 16 minutes! We've got the complete interview here on the Techdirt Podcast.

We're back! It's been a while since the last podcast, for obvious reasons, but today we've got a new episode following up on something we discussed with Mike Godwin in January: the Internet Society's proposed sale of the .org domain registry. That deal has since been cancelled, and some groups including the EFF assert that it showed ISOC can't be trusted to handle the registry, so this week Godwin joins us again to discuss what happened in more detail.

Last week, we featured the first half of a panel discussion organized by Lincoln Network, all about the concept of open internet protocols versus proprietary walled-garden platforms. The panel is moderated by Marshall Kosloff and features Mike Masnick, Cory Doctorow, Ashley Tyson and Mai Sutton, and this week we've got the second half of the discussion plus the audience Q&A.

Today on the podcast, we've got the first part of a panel discussion organized by Lincoln Network on a subject we've been talking more and more about around here: a return to an internet based on open protocols instead of closed platforms. The panel, which took place last week, is moderated by Marshall Kosloff and features Mike Masnick, Cory Doctorow, Ashley Tyson and Mai Sutton. In next week's episode we'll have the second half along with the Q&A at the end, but this week you can dive in to the first part of this wide-ranging discussion about protocols versus platforms.

Remember HQ Trivia? A couple years ago it was taking the world by storm and raising a lot of interest, and not without reason: it looked like it was resurrecting a shared live experience that seemed to be dead in the on-demand era. We featured a discussion about it on Episode 146. But the company has faced a rocky road since then, and recently announced that it would be shutting down — although, after this podcast was recorded, a subsequent announcement suggested it might get a lifeline. Either way, it's worth looking at what happened, so erstwhile podcast co-host Dennis Yang — who was both an early adopter and, to this day, one of the dwindling regular players of HQ — has returned for this episode to discuss the fate of HQ Trivia.

Last week, we announced the winners of our second annual public domain game jam, Gaming Like It's 1924. The entries were so great this year that they deserve a close look, so this week myself and Randy Lubin — who was instrumental in conceiving, launching, and judging these jams — join the podcast to discuss all six of the winners from the game jam, and what makes them special.

Last month I wrote a long post explaining why I could not support Larry Lessig's new lawsuit against journalists and the New York Times for what he referred to as "Clickbait Defamation." Lessig argued that a NY Times headline and lede was false, while I argued that it was a different interpretation, but not "false," and thus not defamatory. I also argued that his lawsuit was a SLAPP suit, potentially harming the individuals named. Larry wished to respond to my post and I invited him on the podcast to discuss. Larry is a Harvard Law professor. I am not. This immediately puts me at a disadvantage in arguing things in a live debate, and while I don't think either of us convinced each other of anything, l definitely understand his argument more clearly, though I still disagree with it. As I said in my intro to the podcast, I think it's worth reading all of the background information to understand what we're talking about, including: - Lessig's original Medium post: https://medium.com/@lessig/on-joi-and-mit-3cb4

Privacy laws are often well-intentioned, but rarely without terrible unintended consequences. And some of these fly right under the radar, like the fact that various privacy laws have made it harder for defense teams in criminal trials to access critical information, even as law enforcement and prosecutors don't seem to face the same problem. This week, we're joined by Berkeley Law's Rebecca Wexler, who has been tracking this issue and working on an upcoming paper about it, to discuss how privacy laws are harming criminal defendants.

If you're a baseball fan, you've probably heard of Jomboy (aka Jim O'Brien) by now. And if you're not, you still might have — because he's been getting attention by building a successful new media network online with his baseball explainer videos. And of course, that includes facing some familiar copyright and ContentID obstacles along the way. This week, Jomboy himself joins us on the podcast to discuss the experience, the challenges, and yes, the baseball.

Once again, it's time for the CES post-mortem! Unlike past years, Mike didn't make it to the 2020 show, but our regular guest and unrivaled CES veteran Rob Pegoraro is back with all the important details from the ground. Listen in to find out what new consumer tech, both expected and unexpected, the industry is pushing this year.

We're back! It's been a lull over the holidays and we've gone a while without new podcast episodes, but now we've got several lined up for the coming weeks — and today we kick things off with a very interesting discussion. Many of you probably know about the controversy and concern over the Internet Society's sale of the .ORG domain registry to a private equity firm, but one prominent defender of the deal is ISOC trustee Mike Godwin, and today he joins us to explain his reasoning and try to convince Mike that the sale is a good idea.

When Kashmir Hill last joined us on the podcast, it was to discuss her experiment with cutting big tech companies out of her life. This week she's back to discuss something even harder to escape, and subject of her recent article in the New York Times: the low-profile companies that track consumers and assign them secret scores, and the disturbing amount of power they wield.

We've said it before (and even put it on a t-shirt) and we'll say it again: copying is not theft, and intellectual "property" is anything but. In September, the Niskanen Center published an excellent paper exploring this issue and explaining why IP is a misnomer — and this week we've got one of the authors of that paper, Daniel Takash, to discuss in more detail why property is simply the wrong lens for looking at copyrights and patents.

GET YOUR COPY OF THE ANTHOLOGY AT https://workingfutur.es/ A few weeks ago, we sat down with some of the authors from Working Futures, our new anthology of short stories about the future of work. Today we're back with three new guests whose stories are featured in the collection: Andrew Dana Hudson, N. R. M. Roshak, and Randy Lubin (who helped design the scenario-planning game we used to spawn ideas for many of the stories). We hope you enjoy this second instalment in our discussion all about Working Futures and the intriguing, challenging stories therein.

We've written a lot about Backpage ever since it replaced Craigslist as the favorite target of grandstanding prosecutors, and especially since it was used to help pass FOSTA. Now history's being rewritten to claim FOSTA took Backpage down, despite that not being the order in which things happened. The biggest issue, though, is that taking down these sites makes it harder to fight sex trafficking — and the feds know it. This week, we're joined by Reason's Elizabeth Nolan Brown to discuss documents she recently obtained in which federal investigators repeatedly acknowledge that Backpage helped them do their job, and wasn't run by a bunch of criminals.

A couple of months ago, we were surprised when a WIPO employee showed up in our comments to defend the organization's new database of supposedly infringing sites against our many criticisms. In that post, we highlighted a Twitter thread from lawyer Rick Shera — who represented Mega — and this week, Shera joins us on the podcast to further discuss the inefficacy and negative impact of these kinds of pirate shaming lists.

GET THE BOOK: http://workingfutur.es/ As we hope you know by now, last week we released Working Futures, an anthology of short stories about the future of work in our world of rapidly advancing technology, inspired by settings we developed with a specially-designed scenario planning exercise. For this week's special episode of the podcast, we've brought in three of the authors whose stories are featured in the book— Katharine Dow, Christopher Hooton, and James Yu — to talk about the process of developing future scenarios and, of course, about their stories.

With all the misconceptions, political projects, and flat-out panics about tech in Congress these days, it sometimes feels like any positive legislative progress regarding technology is impossible. But once in a while you find a lawmaker who is out there pushing smart bills about tech, such as one that aims to help solve this whole mess by restoring and redesigning the Office of Technology Assessment to help educate Congress in the digital age. This week, we're joined by Rep. Mark Takano to discuss his plans to bring tech literacy back to Congress.