Techdirt

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.

The digital world is increasingly giving rise to "winner take all" industries, where a market is all but dominated by one company and, sometimes, a single smaller competitor. Since innovation is so often driven by competition and hindered by monopolies, this is a worrying trend — but its true extent, and its implications, are hardly clear. This week, we discuss various winner take all situations and what they mean for the future of innovation.

There are lots of criticisms of free trade agreements, especially the fact that they go far beyond "free trade" — but the Trans-Pacific Partnership truly takes the cake. This week, we're joined by Maira Sutton, the EFF's Global Policy Analyst, to discuss the many problems with the TPP. Tellingly, this episode is nearly twice as long as usual.

Lately, there's been a lot of talk about cooperation between the government and the technology industry in the fight against terrorism, radicalization and, specifically, ISIS. A lot of this talk consists of the hugely problematic requests we discuss here regularly, like compromising encryption and cooperating with mass surveillance — but is that all there is to it? This week, we discuss what role Silicon Valley actually could play in combating ISIS.

After a few weeks off for the holidays, we're back! And as anyone on the internet can't ignore, CES 2016 has just wrapped up. Our own Mike Masnick was there, and today he's joined by journalist and long-time CES veteran Rob Pegoraro for a post-mortem of the event and this year's crop of new products.

Welcome to the last podcast episode of 2015! For the whole year (and since long before that) Techdirt has been speaking out against surveillance and government invasion of privacy, to the point where it might seem like we give no consideration to the legitimacy of any kind of surveillance. But that's not necessarily true, so this week we're approaching things from the other side and discussing the limits of reasonable and acceptable surveillance.

There's been a lot of back-and-forth recently over Mark Zuckerberg's announcement of the Chan-Zuckerberg Initiative, combining widespread praise with a lot of disappointment in the details and the fact that he isn't really "giving away" $45 billion. There's a lot to be said on both sides of this question, and this week we're discussing the new initiative and the wide variety of reactions to it.

Last week, we spoke with Daphne Keller of Stanford's Center For Internet And Society about the collision between privacy and free speech in the EU. Much of this discussion involves the question of "intermediary liability" — how and when service providers are held liable for the actions of their users. This week, Daphne is back for a broader look at intermediary liability, and why it's one of the most important questions for the future of the internet.

Privacy and free speech aren't fundamentally opposed, but they do have a tendency to come into conflict — and recent developments in Europe surrounding the right to be forgotten have brought this conflict into focus. This week, we're joined by Daphne Keller of Stanford's Center For Internet And Society to discuss the collision between these two important principles.

Ever since the bubble and bust of the 90s, Silicon Valley observers have been wondering if and when history will repeat. Lately, some have been pointing to the trend of "unicorn" companies as evidence that we might be heading down that road again, while others have made the case that the fear is overhyped. This week, we discuss the elusive unicorn and what it means for the future of the tech industry.

Fifty episodes! Having skipped just two weeks in the past, this marks one whole year of the Techdirt Podcast! In honor of that, we're taking on a very relevant topic that we haven't yet discussed: the medium of podcasting itself.

Today, we've got something a little different: a podcast crossover podcast with the folks from the a16z. Last week, Mike joined Julie Samuels from Engine on the a16z Podcast hosted by Sonal Chokshi to discuss a long list of important policy issues related to technology and innovation, and for those of you who aren't already following that podcast, we're cross-posting the episode here as part of the Techdirt Podcast as well. Enjoy!

If you're a Techdirt regular, you probably know that there are some serious problems with the Computer Fraud and Abuse Act. Drafted in 1986 with extremely broad language, the CFAA has grown into an easily abused law that lets prosecutors go after people for minor activities that don't meet any reasonable definition of hacking or computer fraud. This week, we discuss the utter mess that our hacking laws have become, and look into ways they might be fixed.

Trademark law often gets lumped in with patents and copyright under the "intellectual property" banner, but in fact it's a different kind of law with an entirely different heritage. That said, it's not without its dangers, so this week we're discussing the intent and extent of trademark law and its impacts both positive and negative.