Surprisingly Free
By Jerry Brito
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Podcast Description
Surprisingly Free is a weekly podcast from the Technology Policy Program of the Mercatus Center at George Mason University. Hosted by Jerry Brito, the show features in-depth one-on-one discussions with an eclectic mix of authors, professors, entrepreneurs, and other thinkers and doers at the intersection of technology, policy, and economics.
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1 |
Michael Burstein on information exchange and IP law | Michael Burstein, assistant professor of law at the Benjamin N. Cardozo School of Law, discusses his paper entitled, Exchanging Information Without Intellectual Property. Burstein begins by discussing theories behind IP law and why it exists. According to Burstein, IP law incentivizes creation of intellectual works because it protects the creator's investment by preventing others from copying the work and obtaining a benefit without any effort. He then goes on to discuss the critiques of these theories, the costs that are involved in protecting intellectual works, and the effect IP law has on innovation. Burstein then discusses practical examples in the pharmaceutical and biotech industry where actors structure the flow of information in a way that is reciprocal but only requires a small role from IP law. According to Burstein, norms protect intellectual works. He believes these norms allow disclosure of intellectual works in stages and facilitate a trusting relationship between two firms. Burstein ends the discussion by addressing policy conclusions surrounding IP law and what role it should play in information exchange. | 5/22/12 | Free | View In iTunes |
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2 |
Jim Harper & Ryan Radia on cybersecurity legislation | Jim Harper, director of information policy studies at the Cato Institute, and Ryan Radia, associate director of technology studies at the Competitive Enterprise Institute, discuss Congress's recent interest in cybersecurity. Harper and Radia begin by discussing why Congress wants to legislate cybersecurity and the potential threats that have Congress frightened. Harper and Radia then discuss the types of bills before Congress, which include aspects of information sharing that would promote cybersecurity intelligence but may have privacy implications, and mandates for a security infrastructure. The discussion then turns to the role of government in cybersecurity and whether the protection of online information and assets should be left to markets. The discussion ends with Harper and Radia predicting the future of the proposed bills. | 5/8/12 | Free | View In iTunes |
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3 |
Jennifer Shkabatur on transparency reform | Jennifer Shkabatur, Fellow at the Berkman Center for Internet Society at Harvard University, discusses her new paper, "Transparency With(out) Accountability: The Effects of the Internet on the Administrative State. Shkabatur begins by discussing the focus of her paper, a critical look at open government initiatives. Shkabatur believes promises of transparency in government fall short and do not promote accountability. She then discusses innovations in accountability facilitated by the Internet, which she divides into three categories: mandatory transparency, discretionary transparency, and involuntary transparency. Shkabatur then sets forth types of reforms that she believes would improve government transparency. According to Shkabatur, context and details on agency processes are necessary along with details about how an agency performs various tasks. | 5/1/12 | Free | View In iTunes |
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4 |
Naomi Cahn on the digital afterlife | Naomi Cahn, John Theodore Fey Research Professor of Law at George Washington University, discusses her new paper entitled, "Postmortem Life Online." Cahn first discusses what could happen to online accounts like Facebook once a person dies. According to Cahn, technology is outpacing the law in this area and it isn't very clear what can happen to an online presence once the account holder passes away. She discusses the various problems family members face when trying to access a deceased loved one's account, and also the problems online companies face in trying to balance the deceased's privacy rights with the need to settle an estate. Cahn claims that terms of service often dictate what will happen to an online account after death, but these terms may not be in line with account holder wishes. She then suggests some steps to take in making sure online accounts are taken care of after death, including taking inventory of all online accounts and determining who should have access to those accounts after death. | 4/24/12 | Free | View In iTunes |
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5 |
Spencer Weber Waller on Facebook and antitrust | Spencer Weber Waller, Professor and Director at the Institute for Consumer Antitrust Studies at Loyola University Chicago School of Law, discusses his new paper entitled, Antitrust and Social Networking. The discussion centers on the likelihood of Facebook being charged by the government as having a monopoly over the social networking market. Waller first explains antitrust law, which, among other things, prohibits monopolization to protect competition. Waller then discusses the difficulty of defining the market for social networks. He claims that Facebook is dominant in the market, but he also says there are multiple markets for Facebook's participation, like consumer use and advertising. Waller goes on to explain how a court would analyze an antitrust violation. According to Waller, there is a two-step process involved where courts ask whether there is market power, and whether a company is doing anything with that power to interfere with competition. Waller ends the discussion by analyzing the likelihood of Facebook ever being charged with antitrust violations. Waller also briefly gives his thoughts on the recent antitrust suit filed by the DOJ against Apple. | 4/17/12 | Free | View In iTunes |
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6 |
Adam Lashinsky on how Apple works | Adam Lashinsky, author and editor-at-large for Fortune, discusses his new book, Inside Apple: How America's Most Admired--and Secretive--Company Really Works. Lashinsky begins by discussing Apple's obsession with secrecy to the point that employees do not discuss what they are working on with other employees. According to Lashinsky, secrecy is tied to focus and achievement, so Apple employees obtain a depth and expertise on one area, rather than being exposed to different areas of the company. He then discusses how secrecy impacts employee morale and how employees view accomplishment and achievement as a tradeoff for happiness and morale. Lashinsky then explains how other corporations can emulate Apple's secretive style and reap the benefits. | 4/10/12 | Free | View In iTunes |
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7 |
Christina Mulligan on patent scalability | Christina Mulligan, Visiting Fellow at the Information Society Project at Yale Law School, discusses Her new paper, co-authored with Tim Lee, entitled, Scaling the Patent System. Mulligan begins by describing the policy behind patents: to give temporary exclusive rights to inventors so they can benefit monetarily for their inventions. She then explains the thesis of the paper, which argues that the patent system is failing because it is too large to scale. Mulligan claims that some industries are ignoring patents when they develop new products because it is nearly impossible to discover whether a new product will infringe on an existing patent. She then highlights industries where patents are effective, like the pharmaceutical and chemical industries. According to Mulligan, these industries rarely infringe on patents because existing patents are "indexable," meaning they are easy to look up. The discussion concludes with Mulligan offering solutions for the current problem, which includes restricting the subject matter of patents to indexable matters. | 4/3/12 | Free | View In iTunes |
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8 |
Bruce Schneier on the importance of trust in society | Bruce Schneier, internationally renowned security expert and author, discusses his new book entitled, "Liars & Outliers: Enabling the Trust That Society Needs To Thrive." Schneier starts the discussion by looking at society and trust, and explains why he thinks the two are necessary for civilization. According to Schneier, two concepts contribute to a trustful society: first, humans are mostly moral; second, informal reputation systems incentivize trustworthy behavior. The discussion turns to technology and trust, and Schneier talks about how the information society yields greater consequences when trust is breached. He then describes how society deals with technology and trust and why he thinks the system is not perfect but working well overall. | 3/27/12 | Free | View In iTunes |
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9 |
Jason Mazzone on copyright and the abuse of IP law | Jason Mazzone, professor of law at Brooklyn Law School, discusses his new book, Copyfraud and Other Abuses of Intellectual Property Law. Copyfruad, according to Mazzone, occurs when intellectual property law is used in an abusive or overreaching manner. Mazzone believes the problem arises when content owners make false or fraudulent claims of intellectual property rights that are not recognized by the law. The discussion turns to the scope of harm that results from Copyfraud, and Mazzone proposes that the solution lies in legislative measures as well as education on the scope of intellectual property law. | 3/20/12 | Free | View In iTunes |
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10 |
Gabriella Coleman on Anonymous and LulzSec | Gabriella Coleman, anthropologist and the Wolfe Chair in Scientific and Technological Literacy in the Department of Art History & Communication Studies at McGill University, discusses hacktivist group, Anonymous. Coleman begins with an overview of Anonymous starting with its beginnings as a group of pranksters to its evolved state of political activism. The group, according to Coleman, started out pulling pranks, or "lulz," on the message board 4chan. The pranks consisted of Internet memes and practical Internet jokes called trolling. She then discusses how the group moved into activism using denial of services attacks to shut down websites and issued a series of videos against the Church of Scientology. The discussion then turns to the recent arrest of several Lulzsec members, including Sabu, the hacker turned FBI informant. | 3/13/12 | Free | View In iTunes |
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Rebecca MacKinnon on Internet freedom | Rebecca MacKinnon, a former CNN correspondent and now Senior Fellow at the New America Foundation, discusses her new book entitled, "Consent of the Networked: The Worldwide Struggle for Internet Freedom." MacKinnon begins by discussing "Net Freedom," which she describes as a structure that respects rights, freedoms, and accountability. She discusses how some governments, like China, use coercion to make private companies act a as subcontractors for censorship and manipulation. She goes on to discuss a project she launched called Global Network Initiative, where she urges companies like Google and Facebook to be more socially responsible. MacKinnon believes technology needs to be compatible with political freedoms, and she issues a call to action for Internet users to demand policies that are compatible with Internet freedoms. | 3/6/12 | Free | View In iTunes |
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12 |
Clay Johnson on information consumption | Clay Johnson, co-founder of Blue State Digital and former director of Sunlight Labs at the Sunlight Foundation, discusses his new book, The Information Diet. According to Johnson, America's diet of mass-produced unhealthy food has resulted in an obesity epidemic and we may be seeing the same thing when it comes to our media diet. He believes the problem is not too much information, rather it is the quality of information that people choose to consume. Johnson encourages more responsibility in choosing information intake, similar to what is required to make healthy food choices. He ends by outlining a plan of action and offers tips on consuming "healthy" information. | 2/28/12 | Free | View In iTunes |
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13 |
David Weinberger on knowledge | David Weinberger, senior researcher at Harvard Law's Berkman Center for the Internet & Society and Co-Director of the Harvard Library Innovation Lab at Harvard Law School, discusses his new book entitled, "Too Big to Know: Rethinking Knowledge Now That the Facts Aren't the Facts, Experts Are Everywhere, and the Smartest Person in the Room Is the Room." According to Weinberger, knowledge in the Western world is taking on properties of its new medium, the Internet. He discusses how he believes the transformation from paper medium to Internet medium changes the shape of knowledge. Weinberger goes on to discuss how gathering knowledge is different and more effective, using hyper-links as an example of a speedy way to obtain more information on a topic. Weinberger then talks about how the web serves as the "room," where knowledge seekers are plugged into a network of experts who disagree and critique one another. He also addresses how he believes the web has a way of filtering itself, steering one toward information that is valuable. | 2/21/12 | Free | View In iTunes |
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14 |
Jonathan Coulton on music piracy | Jonathan Coulton, a musician, singer-songwriter, and geek icon, who releases his music under a Non-Commercial Creative Commons License, discusses his thoughts on piracy from an artist's point of view. Coulton talks about quitting his day job so he could focus on his music. He bypassed the traditional route of becoming a musician, which usually means signing to a record label, and began releasing one song per week on his website. This lead to moderate success, according to Coulton, who now makes his living as a full-time musician by touring and selling his music on his website. The discussion then turns to piracy. Coulton explains why he thinks piracy cannot be stopped and describes what he considers "victimless piracy." He goes on to discuss the difficulties of addressing piracy issues, especially when taking fairness and practicality into account. | 2/14/12 | Free | View In iTunes |
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15 |
Catherine Tucker on online advertising and antitrust | Catherine Tucker, Douglas Drane Career Development Professor in IT and Management, and Assistant Professor of Marketing at MIT's Sloan School of Management, discusses her paper with Avi Goldfarb in the Journal of Competition Law and Economics entitled, Substitution between Offline and Online Advertising Markets. According to Tucker, the FTC treats online advertising as a distinct market from offline advertising for antitrust purposes. She describes the study she and Goldfarb conducted, where they sought to determine whether online advertising could serve as a substitute for offline advertising. Tucker also discusses Google's role in online advertising, how its auction mechanism affects pricing, and the difference between search advertising and display advertising. The conversation ends with a discussion on policy implications on how dominate players in online advertising should be viewed. | 2/7/12 | Free | View In iTunes |
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16 |
Reuben Grinberg on the legality of Bitcoin | Reuben Grinberg, a recent Yale Law School graduate now in private practice in New York City, discusses his paper, published in the Hastings Science & Technology Law Journal entitled, Bitcoin: An Innovative Alternative Digital Currency. Grinberg first gives a brief overview of Bitcoin, the decentralized, digital currency. According to Grinberg, Bitcoin can maintain sustainability, even though it is not backed by an institution or commodity, but it must overcome several hurdles. Grinberg then discusses the potential security problems and legal issues Bitcoin faces. He also describes some of the unique qualities of Bitcoin, including the ability to conduct transactions anonymously. Grinberg ends the discussion with his thoughts on what Bitcoin could potentially become. | 1/31/12 | Free | View In iTunes |
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17 |
Michael Weinberg on 3D printing | Michael Weinberg, staff attorney with Public Knowledge, discusses his white paper entitled, It Will Be Awesome If They Don't Screw This Up: 3D Printing, Intellectual Property, and the Fight Over the Next Great Disruptive Technology. The discussion begins with Weinberg describing 3D printing: the process of printing three dimensional objects layer-by-layer from a digital file on a computer. According to Weinberg the design method used for printing includes programs like AutoCad and 3D scanners that can scan existing objects, making it possible to print a 3D replica. He goes on to explain why he thinks 3D printing, coupled with the Internet, is a disruptive technology. Finally, Weinberg discusses the thesis of his paper, where he anticipates industries affected by potential disruption will not compete with or adapt to this technology, but rather, will seek legal protection through IP law to preemptively regulate 3D printing. | 1/17/12 | Free | View In iTunes |
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18 |
Andrew McAfee on digital innovation, employment and productivity | Andrew McAfee, Principal Research Scientist at MIT's Center for Digital Business, discusses his new book, co-authored with Erik Brynjolfsson, entitled, "Race Against the Machine: How the Digital Revolution is Accelerating Innovation, Driving Productivity, and Irreversibly Transforming Employment and the Economy." The book looks at the interplay between unemployment and fast-paced technological innovation. In the book, McAfee and Brynjolfsson propose that technology is outpacing humans, and they discuss whether humans can keep up. According to McAfee, technology is encroaching on skills that once belonged exclusively to humans. He believes that entrepreneurial thinking, different institutions, and new organizational structures can prevent humans from being left behind by the machines. | 1/10/12 | Free | View In iTunes |
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19 |
Michael Froomkin on the future of anonymity | Michael Froomkin, the Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law at the University of Miami, discusses his new paper prepared for the Oxford Internet Institute entitled, Lessons Learned Too Well. Froomkin begins by talking about anonymity, why it is important, and the different political and social components involved. The discussion then turns to Froomkin's categorization of Internet regulation, how it can be seen in three different waves, and how it relates to anonymity. He ends the discussion by talking about the third wave of Internet regulation, and he predicts that online anonymity will become practically impossible. Froomkin also discusses the constitutional implications of a complete ban on online anonymity, as well as what he would deem an ideal balance between the right to anonymous speech and protection from online crimes like fraud and security breeches. | 12/6/11 | Free | View In iTunes |
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20 |
danah boyd on how parents help kids lie to get on Facebook | danah boyd, Senior Researcher at Microsoft Research, and Assistant Professor in Media, Culture, and Communication at New York University, discusses her recent article in First Monday with Ester Hargitai, Jason Schultz, and John Palfrey. It's entitled, "Why parents help their children lie to Facebook about age: Unintended consequences of the Children's Online Privacy Protection Act." boyd discusses COPPA as it applies to Facebook, namely that children under 13 are not allowed to use the site. She then talks about her research, which looks at whether this restriction is helping parents protect their children's privacy, and whether it is meeting COPPA's ultimate goals. boyd discusses her findings, which indicate parents are allowing their children to lie about their age to obtain a Facebook account. According to boyd, parents want guidelines when it comes to data protection, but they do not necessarily want strict requirements. boyd feels that COPPA is not achieving its goal of privacy protection and should be evaluated with more transparency so parents and the public in general know how to protect their privacy. | 11/29/11 | Free | View In iTunes |
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21 |
Joseph Flatley on the new breed of survivalists | Joseph Flatley, Features Editor with The Verge, discusses his recent article entitled, "Condo at the End of the World." Flatley first gives an overview of The Verge, a new website dedicated to in-depth reporting usually seen in traditional media such as newspapers and magazines. He describes The Verge as a website dedicated not only to what technology means, but also to how it affects our lives. The discussion then turns to Flately's article on survival condos, which have attracted the attention of wealthy citizens concerned about end of the world calamity and economic collapse. According to Flatley, the interest in survival condos has increased after 9/11, and after the recent economic downturn. The "condos" are abandoned missile silos that date back to the cold war. Flatley describes his interviews with different people who are carving out a market for high-end survival real estate, turning these abandoned missile silos into luxury living. He describes how survivalists might live in an end of the world scenario, including what they will eat and how they will stay properly hydrated. | 11/22/11 | Free | View In iTunes |
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22 |
Laura Heymann on reputation | Laura Heymann, Professor of Law at William & Mary Law School, discusses her recent article in the Boston College Law Review entitled, The Law of Reputation and the Interest of the Audience. Heymann proposes viewing the concept of reputation as something formed by a community rather than something owned by an individual. Reputation, according to Heymann, is valuable because of the way a community uses it. She then discusses how thinking of reputation differently leads to thinking about different remedies for reputation-based harms. Heymann thinks current remedies for damage to one's reputation do not focus enough on the affect it has on the community and proposes remedies for emotional injuries be separate from remedies for damages to the reputation. She then discusses how the Internet affects reputation, including how it enlarges communities, and how it intersects with privacy. | 11/15/11 | Free | View In iTunes |
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Johnny Ryan on the history of the Internet and its future | Johnny Ryan, Senior Researcher at the Institute of International and European Affairs, discusses his recent book, "A History of the Internet and the Digital Future." The book is a comprehensive overview of the Internet and where it came from. Ryan discusses some of the core concepts, including what made the Internet revolutionary, and how many of these ideas came from RAND Corporation researcher Paul Baran. He explains that the initial concept for packet switching did come from the need to build a communications system to withstand nuclear attack. The discussion then turns to the advent of communication between computers, which sprang from a group of graduate students who used a collaborative process to create the network. Finally, Ryan discusses Web 2.0, and how technologies like cloud computing and 3-D printing will disrupt industries in the future. | 11/8/11 | Free | View In iTunes |
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Alisdair Gillespie on restricting access to the Internet | Alisdair Gillespie, Professor of Criminal Law and Justice at De Montfort University in Leicester UK, discusses his new paper in the International Journal of Law and Information Technology, Restricting Access to the Internet by Sex Offenders. Gillespie discusses whether access to the Internet is a human right, and if so, when that right can be curtailed. He establishes that access to the Internet could be a negative right, then turns to how Internet access can be restricted, particularly in the case of sex offenders. Gillespie talks about different ways to prevent these offenders from using the Internet for ill, including complete restriction as well as technological tools similar to parental control software, and the difficulties that arise when trying to implement any one of these schemes. | 11/1/11 | Free | View In iTunes |
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Adam Thierer on Internet sales tax | Adam Thierer, a Senior Research Fellow with the Technology Policy Program at the Mercatus Center, discusses his new paper, co-authored with Veronique de Rugy, The Internet, Sales Tax, and Tax Competition. With several states in the midst of budget crunches, states and localities struggle to find a way to generate revenue, which, according to Thierer, leads to an aggressive attempt to collect online sales tax. He discusses some of these attempts, like the multi-state compact, that seeks taxation of remote online vendors. Thierer believes this creates incentives for large online companies like Amazon to cut deals with certain states, where jobs will be created in exchange for tax relief. This, according to Thierer, creates unfairness for smaller online companies as well as for brick and mortar shops who have to pay taxes to the state where they have a physical presence. He proposes an origin-based tax, which imposes the tax where the purchase is made instead of tracing the transaction to its consumption destination. This proposal, he submits, will level the playing field between brick and mortar companies and online companies, and promote tax competition. | 10/25/11 | Free | View In iTunes |
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Simon Chesterman on electronic intelligence surveillance | Simon Chesterman, Vice Dean and Professor of Law at the National University of Singapore, and Global Professor and Director of the NYU School of Law Singapore Programme, discusses his new book, One Nation Under Surveillance: A New Social Contract to Defend Freedom Without Sacrificing Liberty. The discussion begins with a brief overview of the NSA and how it garnered the attention of Americans after 9/11. Chesterman discusses the agency's powers and the problems the NSA encounters, including how to sort through large amounts of data. The discussion then turns to how these powers can become exceptions to constitutional protections, and how such exceptional circumstances can be accommodated. Finally, Chesterman suggests that there has been a cultural shift in western society, where expectations of privacy have dimished with technological and cultural trends, so that information collection by the government is generally accepted. However, he says, society is concerned with how that information is used. According to Chesterman, there should be limits and accountability mechanisms in place for government agencies like the NSA. | 10/18/11 | Free | View In iTunes |
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27 |
David Robinson on rogue websites and domain seizures | David Robinson, a fellow at the Information and Society Project at Yale Law School, discusses his new paper, Following the Money: A Better Way Forward on the PROTECT IP Act. The bill, now being considered by Congress, targets "rouge" websites. Robinson discusses the different ways these websites host infringing content and sell counterfeit goods, as well as the remedies proposed in the bill. The measures involve two main consequences: cutting off information through the seizure of domain names by law enforcement, and cutting off financial gain by prohibiting payment processors like Visa and Mastercard from delivering profits to infringing website owners. Robinson discusses why he thinks the Act will better serve IP law if the flow of money is restricted, and not the flow of information. He goes on to discuss what he considers to be troubling about information control, including several constitutional implications. | 10/11/11 | Free | View In iTunes |
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Derek Bambauer on censorship | Derek Bambauer, associate professor of law at Brooklyn Law School, discusses his forthcoming University of Chicago Law Review article entitled Orwell's Armchair. In the paper, Bambuer writes that America has begun to censor the Internet, and he distinguishes two forms of censorship: hard and soft. He defines hard censorship as open and transparent, and where the government directly controls what information can and cannot be transmitted. Soft censorship, says Bambauer, is indirect, where government tells third parties to prevent users from accessing information, and it's not clear what is being censored. He submits that if America is going to censor the Internet, it should do so through hard censorship. Indirect censorship strategies, he writes, are less legitimate than direct regulation. | 10/4/11 | Free | View In iTunes |
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29 |
Sonia Arrison on technology and longevity | Sonia Arrison, writer, futurist, and senior fellow at the Pacific Research Institute, discusses her new book entitled 100+, How the Coming of Age of Longevity Will Change Everything from Careers and Relationships to Family and Faith. The process of aging, according to Arrison, is not set in stone, and the way humans experience age can be changed as technology evolves. She discusses the different types of technology including tissue engineering and gene therapy, which are poised to change numerous aspects of human life by improving health and increasing lifespan to 150 years and beyond. She also talks about how increased lifespans will affect institutions in society and addresses concerns, such as overpopulation and depletion of resources, raised by critics of this technology. | 9/27/11 | Free | View In iTunes |
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Annemarie Bridy on scaling copyright enforcement | Annemarie Bridy, professor of law at the University of Idaho, and visiting associate professor of law at the University of Pittsburgh, discusses her new paper, "Is Online Copyright Enforcement Scalable?" In it she looks at the advent of peer-to-peer (P2P) file sharing and the copyright enforcement problem it has created through the lens of scalability. In solving difficult problems of scale in their effort to revolutionize the distribution of information goods, the designers of P2P networks created a problem of scale in the form of "massive infringement." Bridy discusses how to to approach solving that new problem of scale--massive infringement. Bridy argues that the DMCA has proven to be remarkably scalable for enforcing copyrights in hosted content but has altogether failed to scale in the context of P2P file sharing, leading to the dysfunctional workaround of mass John Doe litigation. She discusses alternatives to mass litigation, including dispute resolution systems and "three strikes" proposals. | 9/20/11 | Free | View In iTunes |
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31 |
Tim Lee on patent reform | Timothy B. Lee, adjunct scholar with the Cato Institute, a contributor to Ars Technica, and blogger at Forbes.com, discusses the recent patent wars and the prospects for reform. Over the last two decades, large software companies like Microsoft and Apple began acquiring a significant number of patents, gaining the power to shut down or demand payment from any software company that might inadvertently infringe those patents. Lee talks about Google's entry into the patent game, particularly with the acquisition of Motorola. He also discusses the theory behind these patent wars and how the use of patents have been altered from incentives for innovation to a litigation shield. Finally, Lee talks about different proposals for patent reform, including a first to file scheme that is part of the America Invents Act. | 9/13/11 | Free | View In iTunes |
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Michael Nelson on digital preservation | Michael Nelson, Associate Professor at Old Dominion University, developed, along with colleagues at the Los Alamos National Laboratory, "Memento," a technical framework aimed at better integrating the current and the past web. In the past, archiving history involved collecting tangible things such as letters and newspapers. Now, Nelson points out, the web has become a primary medium with no serious preservation system in place. He discusses how the web is stuck in the perpetual now, making it difficult to view past information. The goal behind Memento, according to Nelson, is to create an all-inclusive Internet archive system, which will allow users to engage in a form of Internet time travel, surpassing the current archive systems such as the Wayback Machine. | 9/6/11 | Free | View In iTunes |
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Gerald Faulhaber on the economics of net neutrality | Gerald Faulhaber, Professor Emeritus at the Wharton School at the University of Pennsylvania and Penn Law School, discusses his new paper in Communications & Convergence Review entitled Economics of Net Neutrality: A Review. Faulhaber delves into the network neutrality debate noting that consumers do not want complete neutrality since they approve of blocking content such as child pornography or malware. He explains that there is little evidence that violations of net neutrality have actually occurred, so that consumers today are getting as much neutrality as they want. Faulhaber submits that implementing prophylactic regulations will only stifle innovation and encourage rent seeking. | 8/30/11 | Free | View In iTunes |
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Adam Thierer on children’s privacy online | Adam Thierer, Senior Research Fellow at the Mercatus Center at George Mason University in the Technology Policy Program, discusses his new paper, Kids, Privacy, Free Speech & the Internet: Finding the Right Balance. For kids, using the Internet has become second nature, but sites that track a child's online activity can raise privacy concerns. A number of well-intentioned lawmakers are introducing regulatory measures that aim to expand the Children's Online Privacy Protection Act (COPPA). Thierer discusses the unintended consequences that could result from regulations, like mandatory age verification and an Internet "eraser button." He proposes an alternative to regulation, which includes education and empowerment, placing importance on personal and parental responsibility. | 8/23/11 | Free | View In iTunes |
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Ryan Calo on personal robots | Ryan Calo, a scholar at Stanford's Center for Internet and Society, discusses his new article in the Maryland Law Review entitled "Open Robotics." Robots are frequently used in war, manufacturing, warehouse management, and even in surgery. Now, personal robots are poised to be the new explosive technology, and Calo anticipates their social effect to be on par with that of the personal computer. He discusses why he believes personal robots are more likely to thrive if they are built on an open model--rather than closed or proprietary system--even though robots open to third-party tinkering may be subject to greater legal liability than closed, discrete-function robots. To protect open-model innovation, Calo recommends immunity for manufacturers of open robotic platforms for what end users do with these platforms, akin to the immunity enjoyed under federal law by firearms manufacturers and websites. | 8/16/11 | Free | View In iTunes |
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David Brin on transparency and accountability | David Brin, a physicist and Hugo and Nebula award-winning science fiction writer, wrote his prescient 1997 nonfiction book, The Transparent Society, which won the Freedom of Speech Award of the American Library Association. He's written a new essay revisiting the themes of that book and discusses how the ideas presented in The Transparent Society relate to his new essay and to the world today. The government continues to increase its ability to look in on its citizens, creating an Orwellian-like society that people may find alarming. According to Brin, reciprocal accountability, which is the ability for people to look back at the government and hold it accountable, is key to minimizing undesirable effects and behaviors. Brin goes on to discuss the benefits of a more pragmatic approach to transparency as opposed to immediate and radical transparency like WikiLeaks. | 8/9/11 | Free | View In iTunes |
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Kembrew McLeod on copyright and hip-hop sampling | Kembrew McLeod, independent filmmaker and Associate Professor of Communication Studies at the University of Iowa, discusses his new documentary with Benjamin Franzen called Copyright Criminals. Digital music sampling is used throughout several genres of music but it is probably most prominent in hip-hop music. Hip-hop artists like Run-DMC began using snippets of other artists' songs to create sounds of their own. This process, according to McLeod, helped facilitate creativity, but it also brought a flurry of lawsuits within the music industry. Now, as McLeod demonstrates in his documentary, artists are hesitant to use samples of music in their songs because they fear potential legal consequences, and as a result, a lot of musical creations that use sampling may never reach our ears. | 8/2/11 | Free | View In iTunes |
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Woodrow Hartzog on clickwrap and browsewrap agreements | Woodrow Hartzog, Assistant Professor at Samford University's Cumberland School of Law, and a Scholar at the Stanford's Center for Internet and Society, discusses his new paper in Communications Law and Policy entitled, The New Price To Play: Are Passive Online Media Users Bound By Terms of Use? By simply browsing the internet, one can be obligated by a "terms of use" agreement displayed on a website. These agreements, according to Hartzog, aren't always displayed where a user can immediately read it, and they often contain complicated legalese. Web browsers can be affected unfavorably by these agreements, particularly when it comes to copyright and privacy issues. Hartzog evaluates what the courts are doing about this, and discusses the different factors that could determine the enforceability of these agreements, including the type of notice a web browser receives. | 7/26/11 | Free | View In iTunes |
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Hal Singer on wireless competition | Hal Singer, managing director at Navigant Economics and adjunct professor at Georgetown University's McDonough School of Business, discusses his new paper on wireless competition, co-written by Gerry Faulhaver of the University of Pennsylvania, and Bob Hahn of Oxford. The FCC produces a yearly report on the competitive landscape of the wireless market, which serves as an overview to policy makers and analysts. The report has found the wireless market competitive in years past; however, in the last two years, the FCC is less willing to interpret the market as competitive. According to Singer, the FCC is using indirect evidence, which looks at how concentrated the market is, rather than direct evidence, which looks at falling prices, to make its assessment. In failing to look at the direct evidence, Singer argues that the report comes to an erroneous conclusion about the real state of competition in wireless markets. | 7/19/11 | Free | View In iTunes |
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Tim Harford on adapting and prospering in a complex world | Tim Harford, economist and senior columnist for the Financial Times, discusses his new book, Adapt: Why Success Starts With Failure. He argues that people and organizations have a poor record of getting things right the first time; therefore, the evolutionary process of trial and error is a difficult yet necessary process needed to solve problems in our complex world. Harford emphasizes the importance of embracing failure in a society focused on perfection. According to Harford, one can implement this process by trying different things in small doses and developing the ability to distinguish success and failures while experimenting. A design with failure in mind, according to Harford, is a design capable of adaptation. | 7/12/11 | Free | View In iTunes |
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Daniel Solove on the tradeoff between privacy and security | Daniel Solove, professor at the George Washington University Law School, discusses his new book Nothing to Hide: The False Tradeoff Between Privacy and Security. He suggests that developments in technology do not create a mutually exclusive relationship between privacy and national security. Solove acknowledges the interest government has in maintaining security within our technological world; however, Solove also emphasizes the value of personal privacy rights and suggests that certain procedures, such as judicial oversight on governmental actions, can be implemented to preserve privacy. This oversight may make national security enforcement slightly less effective, but according to Solove, this is a worthwhile tradeoff to ensure privacy protections. | 7/5/11 | Free | View In iTunes |
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Pamela Samuelson on codifying the Google Books settlement | Pamela Samuelson, the Richard M. Sherman Distinguished Professor of Law at Berkeley Law School, discusses her new article in the Columbia Journal of Law & the Arts entitled, Legislative Alternatives to the Google Book Settlement. Samuelson discusses the settlement, which was ultimately rejected, and highlights what she deems to be positive aspects. One aspect includes making out-of-print works available to a broad audience while keeping transaction costs low. Samuelson suggests encompassing these aspects into legislative reform. The goal of such reform would strike a balance that benefits rights holders, as well as the general public, while generating competition through implementation of a licensing scheme. | 6/28/11 | Free | View In iTunes |
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Ronald Rychlak on online gambling laws | Ronald Rychlak, Mississippi Defense Lawyers Association Professor of Law and Associate Dean at the University of Mississippi School of Law, discusses his new article in the Mississipi Law Journal entitled, The Legal Answer to Cyber-Gambling. Rychlak briefly comments on the history of gambling in the United States and the reasons usually given to prohibit or regulate gambling activity. He then talks about why it’s so difficult to regulate internet gambling and gives examples of how regulators have tried to enforce online gambling laws, which often involves deputizing middlemen — financial institutions. Rychlak also discusses his legal proposal: create an official framework to endorse, regulate, and tax online gambling entities. | 6/21/11 | Free | View In iTunes |
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Steven Levy on how Google works | Steven Levy, a columnist for Wired and author of the tech classic Hackers, among many other books, discusses his latest book, In The Plex: How Google Thinks, Works, and Shapes Our Lives. Levy talks about Googliness, the attribute of silliness and dedication embodied by Google employees, and whether it’s diminishing. He discusses Google’s privacy council, which discusses and manages the company’s privacy issues, and the evolution of how the company has dealt with issues like scanning Gmail users’ emails, scanning books for the Google Books project, and deciding whether to incorporate facial recognition technology in Google Goggles. Levy also talks about prospects for a Google antitrust suit and the future of Google’s relationship with China. | 6/14/11 | Free | View In iTunes |
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Larry Downes on IP enforcement online | Larry Downes, who writes for CNet, blogs at Forbes.com and the Technology Liberation Front, and is the author of several books, including most recently, The Laws of Disruption, discusses enforcement of intellectual property rights online. Downes talks about the Protect IP Act, a bill recently introduced into Congress that aims to curtail infringement of intellectual property rights online by so-called rogue websites. Downes argues that forcing intermediaries to blacklist domain names has the potential to "break the internet." He discusses how the rogue website problem could better be addressed and how the proposed bill could be improved. | 6/7/11 | Free | View In iTunes |
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Konstantinos Stylianou on technological determinism and privacy | Konstantinos Stylianou, a former Fulbright Scholar now working on a PhD in law at Penn Law School, and author of the provocative new essay, “Hasta La Vista Privacy, or How Technology Terminated Privacy,” discusses technological determinism and privacy. Stylianou’s thesis is that the evolution of technology is eliminating privacy; therefore, lawmakers should switch emphasis from regulating the collection of information, which he claims is inevitable, to regulating the use of that information. Stylianou discusses why digital networks specifically make it difficult to keep information private, differences between hard and soft technological determinism, and when he thinks people will realize about their private information what the recording industry has finally realized about digital music. | 5/31/11 | Free | View In iTunes |
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Micah Sifry on government transparency and WikiLeaks | Micah Sifry, co-founder of the Personal Democracy Forum, editor of techPresident.com, and author of the new book, Wikileaks and the Age of Transparency, discusses government transparency. Sifry talks about the various purposes of government transparency, technology’s effect on it, and bi-partisan competition that can promote it. He also discusses Bradley Manning’s case, the evolution of WikiLeaks, and the transparency, or lack thereof, within the WikiLeaks organization. | 5/24/11 | Free | View In iTunes |
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Joseph Menn on the hunt for internet crime lords | Joseph Menn, a Financial Times technology reporter and the author of Fatal System Error: The Hunt for the New Crime Lords Who Are Bringing Down The Internet, discusses cyber crime. Menn says that one of the main challenges of cybersecurity is that the internet was never intended for many of the things it’s used for today, like e-commerce or critical infrastructure management. He talks about the implications of the internet still being in beta form and comments on the recent Sony data breach and other similar cyber attacks. Menn also discusses his book, telling a few anecdotes about the people who go beyond computer screens in pursuit of internet crime lords. | 5/17/11 | Free | View In iTunes |
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Julian Sanchez on electronic surveillance | Julian Sanchez, a research fellow at the Cato Institue who focuses on issues related to technology, privacy, and civil liberties, discusses electronic communications. Sanchez talks about changes in surveillance of electronic communications since 9/11, highlighting the large number of cases in which the FBI has gathered phone, internet, and banking information without judicial oversight. He then discusses the legal framework around electronic communications, which he says was built for a very different set of assumptions than we have today. Sanchez also gives a few recommendations for how to disentangle the convoluted legal standards related to electronic communications. | 5/10/11 | Free | View In iTunes |
| Total: 49 Episodes |
Customer Reviews
This is really great
Surprisingly Free is terrific. I catch every episode. The interviewer obviously knows his stuff and brings on a good variety of stuff.
Great Interviews, Great Conversations.
Surprisingly Free is one of the podcasts I most look forward to every week. The guests on the show are some of the greatest minds writing and thinking about technology today, and the interviewer couldn't be smarter or more capable. You can tell that he really has read the books each guest has written, and taken the time to understand the central points, and think about them critically. Smart, interesting, and free, I never miss an episode. I really can't say enough good things about the Surprisingly Free podcast.
Genuinely interesting and thoughtful
Jerry Brito brings on a wide variety of hosts who provide level headed insights into complicated issues, which are usually addressed in a reactionary and inflamitory way. Surprisingly Free helps you take a step back and take a broader and more rational view of imporatant, complex issues.
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- Language: English
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