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Consumers looking for an electric car have several options to consider, but the buzz and excitement around Tesla continues to dwarf everything else. It's hardly unfounded, but the scale of the company's success is staggering, and there's no single reason for it. This week, we discuss that simple question: just why is Tesla so successful?

The "gig economy" of on-demand peer-to-peer services like Uber has been gaining traction, but not every company is faring so well. In some areas, the rush of entrants has outstripped demand and left on-demand providers struggling to stay afloat. This week we discuss what happens when there's not enough demand for an on-demand platform, and what it might mean for the sector as a whole.

Back in March, Mike moderated a panel at RightsCon on the subject of intermediary liability and the delicate balancing act that platform providers have to play on that front, with lawyers from Meetup, Change.org, and Medium. This week, in lieu of a regular podcast episode we've got a recording of that discussion, which delves deeply into some of the difficult choices companies like this have to make.

Recently, some Facebook staffers raised an interesting question: should the social media giant employ its significant power to stem the rise of Donald Trump? This week, we discuss that notion and the broader question: should the internet companies that influence so many aspects of our communication and information gathering pursue political goals?

In a world defined by borders for thousands of years, the global nature of the internet has caused all sorts of confusion and absurdity. Geographically restricted content, fuzzily defined jurisdictions, libel tourism — these are all symptoms of a border-filled world coming to terms with a borderless network. Since attempts to carve up the internet along geographical lines aren't likely to stop anytime soon, this week we ask the question: are such attempts futile, and could online borders really serve any purpose to begin with?

Last week we were joined by Justin Peters, author of the new book The Idealist all about Aaron Swartz, free culture and digital activism. The first half of the discussion focused on that broader context, and this week we continue with a closer look at Aaron himself.

Anyone even remotely interested in free culture, the internet and copyright surely knows the name Aaron Swartz — but only some truly understand what made him tick, and why he was considered so special and important in that world. This week and next, we're joined by Justin Peters, author of The Idealist, a new book that takes a close look at Aaron himself as well as the internet culture that gave rise to his attitudes and activism, which is the focus of this first half of the discussion.

Anyone who reads Techdirt knows our opinion on encryption: stronger is better, and giving the government (or anyone else) a back door is a dangerous idea. We've decried a lot of the stupid arguments that we've heard in favor of back doors — usually coming from technologically clueless politicians and law enforcement officers — but that doesn't mean we aren't open to considering some smart ones. This week, we've invited Albert Wenger (who you may recall from a discussion about basic income way back in Episode 16) to share his pro-backdoor position and engage in some friendly debate.

If you want to send someone a message online today, you've got a hell of a lot of options. Far from the erstwhile IM dominance of ICQ, today there are messaging platforms of every shape and size, a blurring of the lines between messaging and social media, and messaging components incorporated into almost everything. This week, we ask a simple question: why so many, and what are they all for?

The battle for net neutrality seemed like it was over — but the regulations left a loophole open. Unsurprisingly, ISPs quickly started exploiting it, offering "zero rating" services to do an end-run around true net neutrality. Last week's guest Marvin Ammori joins us again this week, to discuss the true and imperfect state of net neutrality, and the many games internet providers play.

I don't think I need to reiterate how important the battle over the future of encryption is. It's not new, but rather the latest clash in a fight that has been raging for years, and the high-profile example of the San Bernardino attacker's iPhone has cast a spotlight on it. This week, we're joined by longtime Techdirt friend Marvin Ammori to dig into the details of this issue, its potential consequences, and its context in the history of encryption.

We all know the patent system is riddled with problems, and badly in need of reform. But reform comes slow — really, really slow. So some tech companies have been doing what they do best: innovate. They are finding ways to get around the biggest problems of the patent system without waiting on go-nowhere legislative reform efforts. This week we're joined by Julie Samuels, President of the Board at Engine, to discuss the innovation-based approach to navigating the patent system and changing patent culture.

There's something notable and odd about the conversation around content creation in the digital age: a stark divide between the camp that believes the sky is falling, and the camp that believes things are better than they've ever been. This week, we discuss the question of which narrative is correct... or is it neither? Or both?

Last week, we shared the first half of Mike's interview with Barry Eisler at the Commonwealth Club of California. This week, we've got the second half of that discussion, which pivots from national security and the surveillance state to Barry's novels, his experiences publishing them, and the time he met Keanu Reeves.

Those of you who've heard our previous episodes with Barry Eisler know that he has a unique insight into many of the topics we discuss here at Techdirt, stemming from the wide variety of perspectives he's had in his past: as an operative for the CIA, as a tech industry lawyer, and now as a bestselling author (his new book, The God's Eye View, explores a plausible future inspired by the Snowden revelations). Recently, Mike conducted an interview with Barry at the Commonwealth Club of California, and on this week's podcast we've got the first half of that interview, with a fascinating discussion about the truth (and fiction) of the modern surveillance state.

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

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

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

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

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