Emerging Technology

What Should the Next Administration Do About AI?

This virtual event explored the potential trajectories of AI policy under the upcoming shift in presidential administrations. Our expert panel, featuring…

Explainer Episode 73 – Changing Presidential Candidates

Kathryn Ciano Mauler and Eric Wang join the podcast to discuss the FEC rules behind campaign funds, particularly in the…

Courthouse Steps Decision: Murthy v. Missouri

On June 26, 2024, the Supreme Court issued their opinion in Murthy v. Missouri. Originally filed as Missouri v. Biden,…

Explainer Episode 63 – Super Elections Year

The 2024 super election year has captured the world’s attention, with the US elections playing a central role in shaping…

Tech Roundup Episode 22 – Training Artificial Intelligence & Copyright Law

Moderated by Brent Skorup, experts Timothy B. Lee, Professor Pamela Samuelson, and Kristian Stout discuss the emerging legal issues involving…

Minor Matters in Cyberspace: Examining Internet Age-Verification Regulations

As children’s lives become increasingly digital, how can we protect their safety online while weighing potential trade-offs like privacy interests and free speech?

Examining the SEC’s Approach Towards Crypto

Join us for an in-depth exploration into the SEC’s recent lawsuit against Coinbase – a case that will no doubt…

Tech Roundup Episode 21 – The CHIPS Act, Immigration, and the Innovation Economy

In this Tech Roundup episode, Adam Thierer and Caleb Watney discuss what it takes to attract the world’s most brilliant minds and how the United States could maintain its competitive edge in the global race for talent.

Tech Roundup Episode 20 – Drone Surveillance and the Fourth Amendment

In this Tech Roundup episode, we delve into the rapid adoption of drone technology by law enforcement entities and the legal and policy implications of this trend.

Tech Roundup Episode 19 – Should TikTok Be Banned? A Conversation on Free Speech, National Security, State Actors, and State Actions

Following concerns about the information collected by and influence of the immensely popular Chinese-owned social media app TikTok, debates have…

Tech Roundup Episode 18 – The Future of AI Regulation: Examining Risks and Rewards

In this Tech Roundup episode, we delve into the discussions raised by the U.S. Senate Judiciary Committee’s recent hearing on AI regulation.

Deep Dive Episode 265 – A Discussion on Central Bank Digital Currencies and the Future of Financial Privacy

Experts explore central bank digital currencies (CBDCs) and the ongoing debates over financial privacy, especially in relation to use of cryptocurrencies and other software privacy tools.

Deep Dive Episode 259 – AI & Antidiscrimination: AI Entering the Arena of Labor & Employment Law [Panel Discussion]

AI is increasingly used both in the public and private sectors for facial recognition, dataset analysis, risk and performance predictions, and much more, though how companies use it and the actual input it has can be unclear. At an in-person luncheon, an expert panel discussed the tensions surrounding the issues of AI and employment law.

Deep Dive Episode 258 – AI & Antidiscrimination: AI Entering the Arena of Labor & Employment Law [Keynote Address]

At an in-person luncheon, EEOC Commissioner Keith Sonderling delivered a keynote address on issues concerning AI’s entrance into the Labor and Employment space.

Deep Dive Episode 256 – Section 230 Goes to Court: Gonzalez v. Google and the Future of the Electronic Town Square

A panel of experts discusses what Section 230 permits and doesn’t permit—a question now before a number of courts, including the U.S. Supreme Court in Gonzalez v. Google.

Explainer Episode 44 – The Implications of AI Innovation and Regulation

Technology and data privacy experts discuss the evolving landscape of artificial intelligence, machine learning, and what these new technologies mean for existing and future policy and technology innovation.

Explainer Episode 36 – Restrictions on Direct Car Sales

Adam Thierer interviews Professor Daniel Crane regarding state restrictions on direct car sales and their implications for automobile markets.

Tech Roundup Episode 17 – Governor Doug Ducey on Tech Policy and Innovation

Governor Ducey joined Brent Skorup and Adam Thierer to discuss initiatives aimed at boosting innovation Arizona has launched during his time in office.

Tech Roundup Episode 16 – The Catawba Digital Economic Zone

Catawba Digital Economic Zone CEO Joseph McKinney joined tech policy expert Ryan Hagemann to discuss the Zone and its regulatory framework.

Tech Roundup Episode 15 – Rail Automation and Forced Access

Experts Ian Adams and Ike Brannon join the podcast to break down recent proposals regarding forced access to railroads.

Deep Dive Episode 211 – Section 230, Common Law, and Free Speech

Kristian Stout and Brent Skorup joined Adam Thierer to debate how lawmakers and courts should approach Section 230 issues, political speech, and free speech online.

Tech Roundup Episode 14 – Telematics in Cars and the Regulation of Auto Insurance

Ian Adams joined the podcast to break down the policy aspects of a recent Twitter spat between Elon Musk and California Insurance Commissioner Ricardo Lara.

Tech Roundup Episode 13 – Autonomous Vehicles: Where Are We Now?

Experts Marc Scribner and Adam Thierer join us to provide an update on autonomous vehicle policy.

Deep Dive Episode 198 – Eyes to The Sky: Privacy, Property, Innovation, and Commerce in The Age Of The Drone

The editor and two of the co-authors of a new book joined us for a panel discussion of key legal and policy issues in “The Age of the Drone.”

Deep Dive Episode 195 – President Biden’s Executive Order on Foreign-Controlled Apps

An expert panel breaks down Biden’s executive order on foreign-controlled apps and its implications for relations between the United States and its foreign adversaries.

Deep Dive Episode 174 – Legal Issues for Commercial Drones: Privacy, Property Rights, and Federalism

Experts debate the issues of privacy, property rights, and federalism that have been raised the proliferation of commercial drones.

Deep Dive Episode 168 – Deepfakes: What, If Anything, Should Policymakers Do?

Can lawmakers craft legislation that limits the worst uses of Deepfakes without hampering the creation of valuable and creative Deepfake media?

Deep Dive Episode 163 – Shapers of Cyber Speech: Silicon Valley and American Discourse

Experts debate the pros and cons of regulatory proposals aimed at curbing social media content moderation.

Deep Dive Episode 154 – Tech Policy Under the Biden Administration and 117th Congress

How might the approach to regulation of the new presidential administration and Congress impact innovation and the tech industry?

Deep Dive Episode 153 – Reboot Conversations: The Future of Drone Policy

An expert panel discusses the future of drone policy in a Lincoln Network Reboot Conversation co-sponsored by the Regulatory Transparency Project.

Explainer Episode 21 – How is Insurance Regulated?

Ian Adams discusses how insurance is regulated in the United States and explains how emerging technologies are poised to disrupt the industry.

Tech Roundup Episode 12 – Airspace and Drone Regulations

Brent Skorup discusses the current state of drone technology and the history of airspace and drone regulations in the United States.

Deep Dive Episode 149 – A Conversation with FCC Chairman Ajit Pai

On November 30, FCC Chairman Ajit Pai joined the Federalist Society’s Columbia Student Chapter for a wide-ranging discussion on net neutrality, Section 230, and more.

Explainer Episode 18 – Driverless Cars: Balancing Safety and Innovation

Ian Adams lays out the current state of driverless car technology and breaks down the decisions federal and state policymakers are facing when it comes to regulating it.

Explainer Episode 17 – A Big Week for Section 230

Jennifer Huddleston and Ashkhen Kazaryan break down the recent news related to Section 230 of the Communications Decency Act.

Explainer Episode 16 – An Update on Antitrust and Big Tech

Neil Chilson breaks down the recent developments with antitrust and big tech and discusses how they fit into the broader picture of antitrust law in the United States.

Tech Roundup Episode 11 – TikTok’s Running Clock

How might the standoff over TikTok’s U.S. operations play out? Does the app pose a significant enough national security threat to warrant the forced sale? And how does this situation fit into the broader picture of U.S.-China relations?

Deep Dive Episode 131 – Free Speech in the Digital Era: Section 230 and the FCC

In this live podcast, panelists discuss the background of Section 230 and reflect on whether it continues to encourage innovation and free speech online, or if changes are needed.

Tech Roundup Episode 10 – Trump’s Executive Order on Online Censorship

What is the legislative and legal background of the recent Executive Order on Preventing Online Censorship, how will it affect Section 230 of the Communications Decency Act, and what may be the unforeseen consequences of this move? These and other questions are addressed in this episode.

Tech Roundup Episode 9 – COVID-19 and the Internet: A Conversation with Ajit Pai

In this episode, Ajit Pai joins Adam Theirer and Brent Skorup to discuss the principles driving the Federal Communications Commission in recent years, the “Keep Americans Connected” pledge, and how things have changed for the FCC in the midst of the COVID-19 pandemic.

Tech Roundup Episode 8 – The Future of Facial Recognition

In this episode, Matthew Feeney hosts a discussion with Ashkhen Kazaryan and Caleb Watney on the approach regulators might take to the brave new world of facial recognition technology.

Tech Roundup Episode 7 – Driverless Cars and Artificial Intelligence

In this episode, Adam Thierer and Caleb Watney discuss the emerging questions surrounding the progress of driverless car technology and its regulation.

Tech Roundup Episode 6 – Constitutional Concerns about State Privacy Regulation

Do recent state privacy rules, like California’s CCPA, impinge on free speech, violate the dormant commerce clause, or are they preempted by other federal laws? Ian Adams and Jennifer Huddleston Discuss.

Tech Roundup Episode 5 – Section 230

In this episode, experts discuss Section 230 of the Communications Decency Act, which protects platforms from liability for the content produced by users. Some legislators have recently floated the idea of enforcing ‘platform neutrality’ in a way that, according to critics, threatens the sort of free speech Section 230 is meant to protect.

Deep Dive Episode 81 – Vertical Integration in Broadcasting: A Cause for Concern?

What can the United States learn from Canada, a broadcasting market with higher levels of vertical integration and cross-media ownership? Brad Danks and William Rinehart discuss in a conversation moderated by Paul Beaudry.

Tech Roundup Episode 4 – The Future of Drone Policy: A Discussion with Sen. Mike Lee

In this episode, Adam Thierer and Brent Skorup speak with Senator Mike Lee on the current state of drone regulation. The senator speaks to his proposal for a cooperative, federal solution to regulatory holdup in drone technology innovation.

Tech Roundup Episode 3 – The Download on California’s New Privacy Proposal

This podcast features a fascinating back-and-forth on the implications of new amendments to California’s privacy law, CCPA (California Consumer Privacy Act).

Tech Roundup Episode 2 – The Techlash: Big Tech and Antitrust

50 attorneys general have launched an investigation into Google for violations of antitrust law. Are they addressing real consumer harms? Is antitrust law the proper tool to address them? Adam Thierer, Geoffrey Manne, and Hal Singer debate.

Tech Roundup Episode 1 – The Brave New World of Deep Fakes

What are deep fakes, and what are the societal and political implications of their emergence? What challenges do they present to regulators? These and other questions are explored in this episode.

Deep Dive Episode 51 – Emerging Tech and Regulation

In this episode, leading thinkers from across the emerging tech space discuss the regulatory environment for everything from drones to autonomous vehicles.

Deep Dive Episode 39 – Pepperdine Law Review’s 2019 Symposium Opening Address: Qualcomm’s Donald J. Rosenberg

In this episode, Donald J. Rosenberg of Qualcomm speaks on patent law and the dangers of regulatory capture in the emerging tech sector.

Deep Dive Episode 27 – Self-Driving Vehicles: Addressing the Challenges of Groundbreaking Innovation

Ryan Hagemann (Niskanen Center) and Jamie Boone (Consumer Technology Association) examine the regulatory barriers to the introduction of self-driving vehicles and propose a potential path forward.

Deep Dive Episode 12 – Can Government Regulation Keep Pace with Emerging Technology?

Greg McNeal (Pepperdine University) and Adam Thierer (Mercatus Center) discuss the law and policy frameworks impacting emerging technologies.

Deep Dive Episode 4 – “Uber of the Sky”: The Story of Flytenow

Alan Guichard (Flytenow) and Jonathan Riches (Goldwater Institute) discuss how Alan’s innovative ridesharing platform for small planes was outlawed by the FAA.

A Sensible Approach to State AI Policy

Neil Chilson and Adam Thierer

States have passed 80 AI-related measures and 762 AI measures are pending in 45 states, according to one legislative tracking system.

New Legal Analysis: Regulatory Implications of Turning Internet Platforms Into Common Carriers

Neil Chilson

The content moderation policies of major internet platforms like Facebook and X (formerly Twitter) have faced escalating criticism in recent years. Many conservatives now argue that because these platforms exhibit political bias and routinely censor right-leaning political views and news stories, some sort of government regulation is required. Standing in the way, however, is the First Amendment.

The Problem with AI Licensing & an “FDA for Algorithms”

Neil Chilson and Adam Thierer

Last year, we released a study for the Federalist Society predicting “The Coming Onslaught of ‘Algorithmic Fairness’ Regulations.” That onslaught has now arrived. Interest in artificial intelligence (AI) and its regulation has exploded at all levels of government, and now some policymakers are floating the idea of licensing powerful AI systems and perhaps creating a new “FDA for algorithms,” complete with a pre-market approval regime for new AI applications. Other proposals are on the table, including transparency mandates requiring government-approved AI impact statements or audits, “nutrition labels” for algorithmic applications, expanded liability for AI developers, and perhaps even a new global regulatory body to oversee AI development.

Developments on Drones, Air Rights, and Takings

Brent Skorup

With the rapid progress of drone technology, legal claims to low-altitude airspace raise novel questions about the application of property law and constitutional protections.

Can Social Media Companies Censor Lawmakers’ Accounts?

Brent Skorup

“If courts progress down this path, social media companies may one day be severely limited in moderating lawmakers’ social media accounts.”

The Arrival of the Federal Computer Commission?

James Dunstan

“…two proposals, if adopted, would throw the door wide open to transforming the Federal Communications Commission into the Federal Computer Commission…”

Why Capitalists in Space Are Good for Americans’ Future

William Rinehart and Adam Thierer

“Discouraging private space exploration would be a step backwards and undo positive reforms that have made space more accessible and affordable.”

The Growing Legal Controversy About Drone Trespass

Brent Skorup

Can homeowners prevent drones from flying above their property? Is a drone that does so trespassing?

Justice Thomas on Controlling the Tech Giants

Peter Wallison

How to control the tech giants has continued to raise concerns about both media bias and free speech. In a new concurring opinion, Justice Clarence Thomas has provided some important thoughts and distinctions on the topic that will likely stir some new thinking in the legal world.

What the Biden Administration May Bring for Tech Policy

Jennifer Huddleston

“The Biden administration should carefully consider the significant tradeoffs regulation can have and embrace bipartisan opportunities to build on the United States’ innovation-friendly approach.”

New FAA Drone Rules: A Step in the Right Direction

Brent Skorup

The FAA’s new commercial drone regulations are cautious and incremental, but represent a major improvement by routinizing long-distance commercial drone operations.

Why the DOJ Has a Strong Case Against Google

Rachel Bovard

Governing the Internet: Rather than building a case which attempts to satisfy a broad variety of grievances, the DOJ has designed its complaint against Google with one goal in mind: to win.

The House Staff Antitrust Report Will Negatively Affect More Than the Tech Industry

Lawrence Spiwak

Governing the Internet: Every business—not just Big Tech—should be worried if Congress attempts to enact the report’s recommended legislative changes.

Section 230 Legal Issues: The FCC’s Authority and the First Amendment

Randolph May

Governing the Internet: The FCC has the rulemaking authority to clarify the meaning of Section 230, and that narrowing Section 230 is not necessarily a First Amendment violation.

The DOJ’s Weak Case Against Google

Neil Chilson

Governing the Internet: Antitrust enforcement can ensure competitive markets that benefit consumers. But politicized antitrust benefits a few companies and politicians at the expense of everyone else.

The FCC Should Address Distortions of Section 230

Rachel Bovard

Governing the Internet: The current application of Section 230 has reversed its intended effect, prioritizing the speech rights of platforms over and above those of their users—and at a scale that distorts the information access, free thought, and market access for billions.

Big Tech & The Whole First Amendment

Craig Parshall

Governing the Internet: Congress should create free-speech conditions for liability protections for market-dominant tech platforms whose trade is third-party content.

FCC’s O’Rielly on First Amendment & Fairness Doctrine Dangers

Neil Chilson and Adam Thierer

Governing the Internet: Plenty of people claim to favor freedom of expression, but increasingly the First Amendment has more fair-weather friends than die-hard defenders.

Welcome to the New “Tech Roundup Podcast”

Adam Thierer

Looking to stay on top of breaking policy developments surrounding the world of emerging technology? The new “Tech Roundup Podcast” has you covered.

Emerging Tech and Regulation: What Will the Future Hold?

In March, the Pepperdine Law Review cohosted a symposium with the Regulatory Transparency Project on “Regulating Tech: Present Challenges and Possible Solutions”. The last panel of a very busy day was focused on emerging tech and government regulation, with leading thinkers from across several industries discussing the current environment for everything from drones to ridesharing.

The Flaws in the Latest Proposal to Break Up Big Tech

William Rinehart

Sen. Warren essentially calls for a return to the regulatory structure of “the Gilded Age…” But the era’s efforts to pull apart companies hardly make an exemplary record.

Qualcomm’s Donald Rosenberg on Regulation and Innovation

Donald J. Rosenberg delivered an address last month at the Pepperdine Law Review‘s Symposium, speaking on patent law and the dangers of regulatory capture in the emerging tech sector.

The Modern World of Home-Sharing

Christina Sandefur

Since our country’s founding, Americans have allowed guests to stay in their homes for short periods of time, often in exchange for doing chores or paying for dinner. Today, technology allows people to do this in ever more efficient ways—to allow guests to rent a room or a house for a week or a night at time.

SEC Report: Cryptocurrencies as Securities?

Jerry Brito

The SEC recently issued an investigative report concluding that some crypto-tokens can be securities. What the SEC did not say is that all tokens are securities.