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We're continually amazed that so many companies still think they can get away with abusing the law to take down parodies, satire, and criticism without invoking the Streisand Effect and making things worse on themselves. One person who has a lot of experience being on the receiving end of these foolish threats is artist and culture hacker Danielle Baskin, whose recent Brand-Aid project is just the latest in a series of works that drew the ire of Johnson & Johnson. This week, Baskin joins us on the podcast to discuss what it's like when your art is constantly hit with demands to cease and desist.

The pandemic has brought us face to face with important questions about (among many things) the roles of technology and government in our lives, and especially the intersection of the two. One interesting example that is worth exploration is California's new digital vaccine record system, and who better to discuss it with than the person who spearheaded the project: California's Chief Technology Innovation Officer Rick Klau, who joins us this week to discuss tech, government, and what happens when the two manage to work well together.

Most people are pretty clear on the fact that the First Amendment prevents the government from making rules about speech — but what about when government officials make informal demands or threaten retaliation related to speech? Such actions have been ruled to violate the First Amendment, but this practice — dubbed "jawboning" by this week's guest — raises messy legal edge-cases and grey areas. We're joined by University of Chicago Law Professor Genevieve Lakier, who recently authored an article for Lawfare on the subject, to discuss the legal history and status of jawboning and the problem of informal government coercion. Informal Government Coercion and The Problem of "Jawboning" by Genevieve Lakier: https://www.lawfareblog.com/informal-government-coercion-and-problem-jawboning

Freedom of speech sits at the intersection of so many of the topics we write about here on Techdirt, and some of our favorite podcast guests are true experts on the subject. One such guest is UCI Law Professor and former UN Special Rapporteur on freedom of expression David Kaye, who joins us again for this weeks episode and a wide-ranging discussion about some of the most pressing and current free speech issues.

Although it's taken a bit of a back seat lately, the topic of patents has long been important here at Techdirt. Now that we're in the first ever Patent Quality Week, it's time to dig back in and talk about changing the patent system and turning it into something that enables good patents without allowing so many bad ones. So for this week's episode, we're joined by Engine's IP Counsel Abby Rives to talk about the inception and goals of Patent Quality Week, and how to fix our broken approach to patents.

If you've been following our coverage of Florida's recent law about social media content moderation, you know it hasn't been going well — it was an insane bill that was quickly shut down by an injunction from a judge who could see how obviously unconstitutional it was. But the fight isn't over, so this week we're joined by Florida Representative Anna Eskamani, one of the most vocal critics of the bill in the state legislature, to discuss how this all happened and what's going to come next.

We've been talking a lot about the huge effort in Congress to pass new antitrust laws targeting big tech companies, and all the issues these proposals have. This week, we've got an insider perspective on just what's going on with antitrust in the House: Rep. Zoe Lofgren, who called out many of the deficiencies in the bills during last week's marathon markup session, joins us for a discussion all about the many, many problems in all five proposed antitrust bills.

Even among people who recognize the problems with holding platforms liable for user speech, there's an understandable temptation to treat the act of content amplification and recommendation differently, since that's something the platforms do themselves. While you can see the logic to this idea, the fact is it's just as difficult and fraught with problems as other intermediary liability proposals. This week, we're joined by frequent guest Daphne Keller, Director of the Program on Platform Regulation at Stanford's Cyber Policy Center, to discuss her recent paper on the subject and why regulating amplification isn't the simple solution it might sound like. "Amplification and Its Discontents" by Daphne Keller: https://knightcolumbia.org/content/amplification-and-its-discontents Separately, this is the first time we've had a sponsor for the podcast! The Pessimists Aloud podcast is sponsoring today's episode. It's a new offering from the Pessimists Archive Twitter feed, which finds old articles that are skeptica

It's no secret that the tech industry has lost much of the diversity that was present in its early days and grown into a male-dominated field rife with sexism and gender disparity. Today, many people are work to change this — and one such effort is the GirlCon, which is holding its fourth annual conference for women in tech from June 27th to 30th this year. On this week's episode, we're joined by GirlCon co-founder Kyla Guru and co-director Vidya Bharadwaj to discuss this year's event and the ongoing fight to empower the next generation of women in tech.

Earlier today, we announced the release of an open source playkit for Money City, our new game about the future of money that was designed and run for MozFest 2021. For this week's episode of the podcast, Mike is joined by two of the people who commissioned the game — Erika Drushka and Chris Lawrence from Grant For The Web — as well as our game design partner, Randy Lubin of Leveraged Play, to talk more about Money City and using games to explore serious topics and generate useful ideas. Money City Playkit: https://copia.is/projects/money-city/ Copia Gaming: https://copia.is/gaming/

The recent ransomware attack on the Colonial Pipeline has brought renewed public attention to cybersecurity issues. The field is always evolving, and the attack serves as a great starting point for understanding the current state of cybersecurity, so this week we're joined by three experts — Ross Nordurft and Alex Botting from Venable LLP, and Amy Mahn from the National Institute of Standards and Technology — to discuss the lessons from the pipeline attack, and how to take a risk management approach to cybersecurity.

It's no secret that we were not at all impressed with WIRED's recent cover story about Section 230. The resulting conversation sparked a Twitter debate with the story's author, Gilad Edelman, and we thought... why not bring it to the podcast? So on this week's episode, Gilad joins Mike to discuss and debate the story, our response, and Section 230.

Last week, the Oversight Board made its highest-profile decision yet: upholding Facebook's suspension of Donald Trump, though with the caveat that it needs clearer policy reasons to make the suspension indefinite. Unsurprisingly, a whole lot of people have a whole lot of opinions on this, and we wanted to learn more about the decision from the source. Julie Owono is an Oversight Board member and the Executive Director of Internet Sans Frontières, and she joins us on this week's episode to discuss how this decision was reached and what it means for Facebook.

The past several years have done a lot to expose the failings of the "marketplace of ideas", as disinformation and harassment campaigns have shown an ability to spread and flourish despite ample amounts of counterspeech. This triumph of mob behavior, especially on Twitter, has challenged a lot of people's preconceptions about how free speech functions, and one person who has been exploring these issues is FIRE's Sarah McLaughlin, especially in two topical articles on her Substack. She joins us on this week's episode to discuss Twitter, free speech, and the challenge mob behavior presents to online discourse.

The way a lot of people talk about content moderation is disappointingly uncreative — most of all in the way they boil every decision down to the binary decision of "leave it up or take it down". But this framework is extremely limiting and doesn't reflect the way content moderation professionals work, and one person working to paint a better picture is Santa Clara Law Professor Eric Goldman. He joins us on this week episode to discuss the many different ways to approach difficult content moderation questions.

After a few cross-post episodes, we're back with a brand new conversation, and it's all about a big subject that intersects with the majority of what we cover here at Techdirt: rights. In his book How Rights Went Wrong, Columbia Law professor and Constitutional scholar Jamal Greene proposes a new way of thinking about rights and how they interact, and he joins this week's episode to discuss this paradigm-shifting idea that challenges many preconceptions about the subject.

It's one more podcast cross-post this week! A recent episode of the Institute for Justice's Short Circuit podcast dug into two very interesting legal cases: one that explores one of the more rarely-invoked pieces of Section 230, and another that tests the limits of the Fourth Amendment. Mike joined IJ attorney Josh Windham and host Anthony Sanders to discuss the cases themselves and what they mean for the law, and you can listen to the whole conversation here on this week's episode.

We've got another podcast cross-post for you this week! Mike recently joined the Cato Institute Daily Podcast to discuss the PACT Act — the more "serious" proposal for Section 230 reform that is still riddled with problems that will do damage to the entire internet. Listen to the full conversation withn Mike and Cato's Will Duffield on this week's episode.

Despite all the nonsense that dominates so much of the public discussion on the subject, free speech in the age of big social media platforms is a vital topic with a lot of nuances, and there are many people with important perspectives on it. One such person is EFF Director of International Freedom of Expression Jillian York, whose new book Silicon Values: The Future of Free Speech Under Surveillance Capitalism offers an exploration of the topic rooted in personal experience and years of activism — and she joins us on this week's episode to discuss the challenges and pitfalls of internet content moderation and its impact on free expression around the world.

For some reason, a lot of people who get involved in the debate about content moderation still insist that online platforms are "doing nothing" to address problems — but that's simply not true. Platforms are constantly working on trust and safety issues, and at this point many people have developed considerable expertise regarding these unique challenges. One such person is Alex Feerst, former head of Trust & Safety at Medium, who joins us on this weeks episode to clear up some misconceptions and talk about the current state of the trust and safety field.