Warrantless Wiretaps: The 2000s Look That Never Went Out of Style
Plus non-price competition effects, tastemaking algorithms, defamation, and more
Surveillance: On a new Tech Policy Podcast, Liza Goitein (Brennan Center for Justice) discussed the vast warrantless surveillance program blessed by Section 702 of the Foreign Intelligence Surveillance Act (FISA). Why is the program so contentious? Why and how should it be changed? And what does the Fourth Amendment have to say about it? Liza explains!
Antitrust: In the CPI Antitrust Chronicle, Bilal reviewed three decades of the FTC’s enforcement regarding non-price effects in mergers. “[T]he antitrust agencies too quickly find a reason to dismiss the dynamic, efficiency claims of merging parties,” he concluded.
Algorithms: Corbin reviewed Filterworld by Kyle Chayka in Reason, finding it a learned, elegant, and yet badly misplaced attack on the way we form our tastes in the age of algorithm-driven social media.
Online Speech: On WGN Radio, Ari talked about a baffling lawsuit over a Facebook group that asks: “Are We Dating the Same Guy?” He also discussed TikTok bans and the difference between government and private regulation of speech.
AI and Free Speech: WBUR replayed the conclusion of Ari’s Senate testimony (at 24:24) on a show concerning AI and elections. His testimony was used to highlight the First Amendment problems of regulating generative AI in political speech.
FTC: JD Supra and Compliance Week (paywall) quoted Berin’s testimony at the FTC’s hearing (remarks at 12:39) on the proposed amendments to the Negative Option Rule.

Some things never go out of style. But then, some things do.