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394 episodes - English - Latest episode: about 21 hours ago - ★★★★★ - 48 ratings

The Techdirt Podcast, hosted by Michael Masnick.

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Episodes

Section 230 & Trump's Executive Order

June 02, 2020 20:36 - 42 minutes - 38.9 MB

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.

The .ORG Deal Post-Mortem, With Mike Godwin

May 20, 2020 20:17 - 57 minutes - 52.7 MB

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.

Protocols Versus Platforms, Part 2

March 10, 2020 18:47 - 45 minutes - 42 MB

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.

Protocols Versus Platforms, Part One

March 03, 2020 20:30 - 35 minutes - 32.8 MB

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 Fate Of HQ Trivia

February 25, 2020 13:16 - 40 minutes - 36.7 MB

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. Eith...

Gaming Like It's 1924

February 18, 2020 21:01 - 43 minutes - 40.3 MB

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.

Larry Lessig Defends His 'Clickbait Defamation' Lawsuit

February 11, 2020 21:24 - 1 hour - 64.8 MB

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 po...

How Privacy Laws Harm Criminal Defendants

February 04, 2020 20:58 - 40 minutes - 37.5 MB

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 pri...

Talkin' Jomboy, New Media & Copyright

January 28, 2020 20:58 - 51 minutes - 46.8 MB

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.

The CES 2020 Post-Mortem

January 21, 2020 21:22 - 44 minutes - 40.5 MB

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.

Mike Godwin Defends Selling .ORG

January 15, 2020 19:44 - 58 minutes - 53.9 MB

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 c...

Your Secret Consumer Score

December 03, 2019 21:04 - 42 minutes - 39 MB

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.

Copying Is Not Theft

November 12, 2019 21:17 - 53 minutes - 48.6 MB

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.

Working Futures, Part Two

November 05, 2019 21:33 - 41 minutes - 37.5 MB

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 abou...

Backpage v. The Feds

October 22, 2019 20:07 - 42 minutes - 38.8 MB

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 docum...

Pirate Shaming Lists Don't Work

October 15, 2019 20:25 - 47 minutes - 43.9 MB

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.

Working Futures

October 08, 2019 18:32 - 40 minutes - 37.3 MB

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 ...

Rep. Mark Takano On Tech In Congress

October 01, 2019 19:42 - 26 minutes - 24.2 MB

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 d...

The "Facebook Supreme Court"

September 24, 2019 19:52 - 48 minutes - 44.3 MB

The latest big news in the ongoing discussion about social media moderation is the release of Facebook's official plans for its independent oversight board, which will review content moderation decisions in an attempt to bring some transparency and due process to the system. This week we're joined by returning guest Professor Kate Klonick, who was present as an observer at Facebook covering the entire planning process, to discuss the many interesting questions around what Facebook would proba...

Does Dynamic Pricing Deserve The Hate?

September 17, 2019 19:51 - 49 minutes - 45.8 MB

"Dynamic pricing" is an idea that sounds efficient and effective in economic theory, but often collapses under the weight of customer anger when put into practice. But while that is true of some of the most egregious approaches, other forms of dynamic pricing are ubiquitous and largely accepted — in part because of how the systems work, and in part because of how they present themselves to customers. This week, we're joined by Perfect Price CEO Alex Shartsis to discuss the many facets of dyna...

Trying To Be Optimistic About The Internet

September 10, 2019 20:44 - 57 minutes - 52.6 MB

The future of the internet is... uncertain. We've always been optimistic about what technology and innovation can achieve, and that hasn't changed, but right now it often feels like we're facing more new challenges and more reactions to them (including dangerous ones) than ever, and pessimism about the internet seems to be at an all-time high. This week we're joined by EFF Executive Director Cindy Cohn, who recently wrote an essay (pdf link) about internet pioneer John Perry Barlow and how hi...

Bedbugs & Beyond, With David Karpf

September 04, 2019 20:06 - 41 minutes - 37.9 MB

By now, you likely all know the story of David Karpf's mild "bedbugs" joke that drew the personal, professional and journalistic ire of the New York Times' Bret Stephens. As it turned out, Karpf — a professor with expertise in media and political communication — was more than capable of responding to Stephens and talking about what was happening in a variety of media outlets, with far more insight than the Pulitzer-winning columnist himself, turning what started as a very silly incident into ...

Bringing Back The Internet's True Promise

August 27, 2019 20:13 - 37 minutes - 34 MB

We've talked a lot about how many of the controversial, challenging problems that exist online could be addressed by refocusing on making the internet what it was always supposed to be: a network of open protocols, not a cluster of walled gardens. Mike's recent paper on the subject lays out the reasons in detail, and on this week's episode of the podcast we're joined by one of the people working towards that goal: Anil Dash, whose Glitch community aims to bring development back to the masses....

What's Really In The FCC's Facebook Settlement, Part Two

August 20, 2019 19:36 - 49 minutes - 45.4 MB

Last week, we featured part one of our discussion with lawyer Joshua de Larios-Heiman, about the details of the FCC's Facebook settlement, beyond the headline-grabbing fine. It was a long conversation that we cut off right in the middle, so be sure to listen to part one first and then come back for part two, in which we finish picking apart the settlement item by item. PART ONE: https://soundcloud.com/techdirt/whats-really-in-the-ftcs-facebook-settlement-part-one

What's Really In The FTC's Facebook Settlement, Part One

August 13, 2019 19:50 - 45 minutes - 41.9 MB

Ever since the FCC announced its proposed settlement with Facebook, the headlines have focused on the largest-ever privacy fine that came with it — but few people paid attention to the many, many important details. This week, we've got the first half of a two-part podcast with lawyer Joshua de Larios-Heiman, who helps us go through the entire settlement from start to finish, and pick apart what it means.

A Policy Bootcamp For Technologists

August 06, 2019 20:21 - 43 minutes - 39.5 MB

There's a new but growing desire, both within the tech industry and among onlookers, for more technologists to get involved in public policy and doing work to serve the public interest. Various plans to help make this happen are starting to appear, and an especially interesting one is the Aspen Tech Policy Hub, which aims to help establish a new generation of tech policy entrepreneurs using an incubator model in the vein of Y Combinator. This week, Mike is joined by director Betsy Cooper to d...

Don't Panic

July 23, 2019 19:42 - 46 minutes - 43 MB

Moral panics are nothing new, but they've taken on many new forms in the internet era, and their patterns have rubbed off on other kinds of techno-panics. This week, I join Mike on the podcast to discuss the way we talk about the potentially scary aspects of tech, how to spot a tech panic, and how to start changing the conversation into something more constructive.

Public Interest Tech, With Bruce Schneier

July 09, 2019 19:59 - 39 minutes - 35.8 MB

Bruce Schneier is a name most Techdirt readers are very familiar with — he's a famous computer security expert who most recently has taken up the mantle of Public Interest Technologist, and been exploring exactly what that means. This week, Bruce joins us on the podcast to discuss how technologists can dedicate themselves to the common good.

Hawley's Bill Sucks: Let Us Count The Ways...

June 25, 2019 19:29 - 44 minutes - 41 MB

Josh Hawley's bill that aims to force "political neutrality" on social media platforms has caused a lot of stir for something so obviously unconstitutional and doomed to failure. There are so many problems with the bill that we've got three experts this week — Daphne Keller, Jeffrey Koseff, and Aaron Mackey — to help dig into all the ways this attack on Section 230 sucks.

Experimenting With Twitch

June 18, 2019 19:31 - 41 minutes - 38 MB

Live streaming is here to stay, and it seems to be getting more popular by the minute — but for many people, it still seems like a foreign land and evokes a cliched "I feel old" response. This week, Mike is joined by not-so-regular-anymore co-host Dennis Yang, who has been experimenting with Twitch, to get a beginner's perspective on the platform, the community, and the medium of streaming.

Blame Fox News Before Facebook

June 04, 2019 19:44 - 58 minutes - 53.3 MB

In all the attempts to understand just what happened with the 2016 election, a lot of blame has fallen on the internet and especially on Facebook. The attention, which often focuses on the Cambridge Analytica scandal and Russian interference, is not unwarranted — but it often seems to lose track of the fact that Facebook is just one part of a broader media ecosystem, and not necessarily the most important one. This week, we're joined by Yochai Benkler of the Berkman Klein Center to discuss wh...

What If Congress Actually Understood Technology?

May 28, 2019 20:02 - 45 minutes - 41.7 MB

Once upon a time, there was something called the Office of Technology Assessment, charged with the critical if unenviable task of educating members of congress about issues related to technology. Since that seems like a pretty good thing to have, recently some people have been pushing to re-establish the office. This week, we're joined by two of those people — Daniel Schuman from Demand Progress and returning guest Zach Graves from the Lincoln Network — for a discussion about bringing back th...

Breaking Facebook, With Mike Godwin And David Kaye

May 21, 2019 18:40 - 48 minutes - 44.7 MB

The topic of what (if anything) to do with Facebook was hardly fading from public discourse anyway, but it received a bump when co-founder Chris Hughes called for the company to be broken up. This week, we've got two returning guests on the podcast with plenty to say on the subject — UN Special Rapporteur on freedom of expression David Kaye, and famed internet lawyer Mike Godwin — to discuss the many sides of the Facebook question.

Politicians (Usually) Don't Understand Technology

May 07, 2019 19:38 - 36 minutes - 33.7 MB

The regulation of technology is an extremely important issue that impacts all our lives, but it tends to take a back seat in the world of mainstream politics, and when it does come to the fore, the lack of knowledge on display among elected representatives can be... disheartening, to say the least. In some ways that's starting to change as a generation of people who grew up with modern technology gets more and more involved in politics, but we're still a long, long way away from having a majo...

Cory Doctorow On Anti-Circumvention (And More)

April 30, 2019 19:31 - 48 minutes - 44.7 MB

Whether it's from his novels, or his work for the EFF and others, most of you probably know all about Cory Doctorow. He last joined the podcast two years ago to discuss his book Walkaway, and this week he's back to talk about his latest book, Radicalized — a collection of four novellas, the first of which is directly based on the issues with the DMCA's anti-circumvention provisions. Check out the episode for a discussion about the book, anti-circumvention, tech companies, and more.

The Past & Future Of Section 230

April 23, 2019 15:51 - 59 minutes - 54.5 MB

Of all the laws we discuss here at Techdirt, probably none comes up as often or in relation to as many things as Section 230 of the Communications Decency Act. It's not an exaggeration to describe it the way Professor Jeff Kosseff does in the title of his new book, The Twenty-Six Words That Created The Internet, offering a detailed history of this vital piece of law. This week, Jeff joins us on the podcast for an in-depth discussion about where Section 230 came from, and where it's going.

A Free Speech Chat With FIRE

April 16, 2019 19:50 - 1 hour - 68.4 MB

It's time for another special cross-post from a different podcast. Mike was recently a guest on the Foundation for Individual Rights in Education's So To Speak podcast, for an interview about Techdirt, free speech, content moderation, and a range of other topics. If you didn't catch it there, you can listen to the whole interview here in this week's episode.

MEP Julia Reda Explains What's Next With The EU Copyright Directive

April 09, 2019 18:43 - 42 minutes - 39.2 MB

Unfortunately, as you know by now, the EU Parliament approved the current (disastrous) version of the EU Copyright Directive, which is now on track to become the law of the land. It's not good, but things aren't quite over yet. For this week's episode, we've got returning guest MEP Julia Reda — who has been a key force opposing the terrible articles in the Directive — to talk about what happens now.

Charter Cities & Innovative Governance

April 02, 2019 19:50 - 39 minutes - 36.1 MB

We're pretty optimistic about innovation here at Techdirt, but it isn't an automatic good thing all by itself: implementation and intention matters, and that means political entanglements and complicated questions about governance, and that calls for big, new ideas. This week, we're joined by Tamara Winter from the Center for Innovative Governance Research to discuss new experiments in government like charter cities and special autonomous zones. Also, learn more about: Shenzhen - https://op...

The Surveillance State, With Marcy Wheeler

March 26, 2019 18:56 - 54 minutes - 50.3 MB

We've been covering surveillance and the intelligence community for a long time here at Techdirt, but if you had to limit yourself to just one source on the subject, even we'd probably recommend you choose Marcy Wheeler. Following the recent news that the NSA has apparently shut down its bulk records collection program — the first exposed by Edward Snowden — Marcy joins us on this week's episode to discuss the surveillance state and why it might abandon Section 215.

The Failure Of High Tech Policing

March 19, 2019 20:23 - 54 minutes - 49.7 MB

Sometimes people ask us why we write so much about the police on Techdirt. Though our coverage has grown somewhat beyond the boundaries of incidents directly involving technology, the reality is that the problems with law enforcement persistently intersect with the same technological and legal issues we've always discussed here. But this week the focus is squarely on cops and technology: Mike is joined by Matt Stroud, author of the new book Thin Blue Lie, as well as our own Tim Cushing, to ta...

Crying Wolf Over Conservative Censorship

March 12, 2019 20:16 - 44 minutes - 41.1 MB

You've heard the uproar — conservatives are being censored on social media! But... are they? The short answer is no. The long answer is this week's podcast, with Lincoln Network policy head Zach Graves joining us for a discussion about the misinformation, hyperbole and general ridiculousness surrounding supposed social media bias.

Delivery-Driven Government

March 06, 2019 20:47 - 50 minutes - 46.6 MB

Lots of people have tried to sum up the differences between Silicon Valley and Washington, D.C. — but it isn't so easy to hone in on. Nevertheless, it's clear that at least some aspects of the west-coast tech approach could benefit a government that all-too-often appears incapable of accomplishing anything much. This week, we're joined by former US Deputy Chief Technology Officer and Code For America founder Jennifer Pahlka to discuss what the Hill can learn from the Valley.

Can Journalism Survive A Free Market?

February 26, 2019 20:56 - 47 minutes - 43.4 MB

It's no secret that journalism outfits are struggling, and have been for some time. There are lots of competing ideas about why this is the case, and who to blame, but the ultimate question is the same: how do we fund good journalism going forward? This week, Mike is joined on the podcast by someone whose opinions on this question differ significantly from his own — Columbia Journalism professor and former online editor-in-chief of the Guardian Emily Bell — to talk about whether journalism ca...

The (Big?) Business Of Podcasting

February 19, 2019 20:58 - 53 minutes - 49.1 MB

We can hardly believe it, but as of this moment we've released 200 episodes of the Techdirt podcast! For this milestone, we've brought the increasingly-rare original team of co-hosts back together for a bit of a meta-episode all about podcasts — specifically, the recent news that Spotify has acquired Gimlet Media for the impressive and, to many, surprising sum of $230-million. Mike joined by Dennis Yang and Hersh Reddy to discuss what Spotify might be up to, and just how big the podcasting bu...

From Apple To The ACLU, With Jon Callas

February 12, 2019 20:36 - 1 hour - 57.1 MB

Jon Callas has been at the forefront of computer security issues for a long time, most recently as the head of Apple's team of internal hackers that try to break into the company's own products. But just a couple of months ago, he made a change, and left Apple to work on tech policy at the ACLU. This week, he joins us on the podcast to discuss the new job, computer security policy, and the latest phase of the crypto-wars.

Life Without The Tech Giants

February 05, 2019 21:13 - 53 minutes - 49 MB

One of the most common responses to various complaints about giant tech companies is that you can just not use their products and services. Many people have pointed out just how difficult that would really be, but Gizmodo's Kashmir Hill decided to try it for real: she cut Amazon, Facebook, Google, Microsoft, and Apple out of her life for a week each, followed by a week without any of them. Her report on that final, empty week is coming out soon, but in the mean time she joins us on the podcas...

The Grand Re-Opening Of The Public Domain

January 29, 2019 20:45 - 47 minutes - 43.4 MB

As our readers surely know by now, 2019 is the first time in a long time that new works have actually entered the public domain in the US! The Internet Archive and Creative Commons hosted a celebration of this fact, and this week we're joined by IA's Lila Bailey and CC's Timothy Vollmer to talk about that event and the exciting possibilities of a re-opened public domain.

The CES 2019 Post-Mortem

January 22, 2019 21:10 - 1 hour - 55.4 MB

It's that time again! Mike spent the week before last at this year's Consumer Electronics Show, checking out all the latest technology that companies are most eager to show off, and now once again he's joined on the podcast by CES veteran Rob Pegoraro for the CES 2019 Post-Mortem.

The EU Endangers Free Speech Online... Again

January 15, 2019 20:46 - 1 hour - 55.7 MB

The latest in the EU's string of internet regulatory efforts has a new target: terrorist propaganda. Just as with past regulations, the proposed rules seem onerous and insane, creating huge liability for internet platforms that fail to do the impossible. This week, we're joined by returning guests Daphne Keller from Stanford's Center For Internet And Society and Emma Llansó from the Center for Democracy and Technology to discuss this most recent danger to online free speech in the EU.

Guests

Cory Doctorow
2 Episodes
Amanda Palmer
1 Episode
Bruce Schneier
1 Episode
Jack Conte
1 Episode