Hearsay Culture now available on Stitcher!

If you’ve been paying attention to the links below recent show posts (and why wouldn’t you? Are you THAT busy?), you may have noticed a new link to Stitcher. For those who don’t know, Stitcher is a proprietary podcast listening app. Based upon listener requests, and my own interactions with some people who wanted to hear the show there, Hearsay Culture is now available at Stitcher. The show will remain available through the existing media, so you’re not required to migrate to Stitcher. So in a world of seemingly endless options, here’s another to consider. I hope that you find it useful!

Listen to Stitcher

Show # 238 — Prof. Arvind Narayanan on Bitcoin, cryptography, privacy and web transparency — posted

I am pleased to post Show # 238, May 27, my interview with Prof. Arvind Narayanan of Princeton University on Bitcoin, cryptography, privacy and web transparency. Arvind does a range of information policy-related research and writing as a professor affiliated with Princeton’s Center for Information Technology Policy (CITP). [Note: I am a Visiting Research Collaborator at CITP]. Through studying the operation of and security challenges surrounding the cryptocurrency Bitcoin, Arvind has been able to assess cryptography as a privacy-enhancing and dis-intermediating technology. To that end, we had a wide-ranging discussion, from the varied roles of cryptography to commercial surveillance and transparency. Because Arvind is such a dynamic and interdisciplanary scholar, we had a wonderful discussion that I hope you enjoy!


Welcome to HearsayCulture.com 2.0 (thanks to Brandon Frye and William Moner!)

In May 2006, I launched the Hearsay Culture radio show because I missed doing radio (after a 16 year hiatus) and wanted a way back in. I also sought a way to force myself to read the articles and books that I thought I should be reading as a new academic and putative scholar (and after eight years of practice as a commercial litigator, much of it in the intellectual property and entertainment space, I really needed to get up to policy and theory speed). Much to my delight, the show was successful, and by early 2007 I had launched Hearsay Culture’s website (with webhosting recommendations from early guest Colette Vogele).

Until today, I had used the exact same design and functionality as was available to my rookie brain in 2007. Given time constraints — teaching, writing, committee work, service, travel, family, biologic need for sleep and exercise, fantasy baseball, etc. — almost all of my Hearsay Culture time has been devoted to identifying, scheduling, preparing for interviews, recording and interviewing, and posting shows. Whatever extra time that I had was monopolized by a multi-year effort to fend off hackers (thanks to the wonderful Oliver Day of Securing Change for all of the expert help and ingenious patches).

Today, I’m thrilled beyond words to unveil the new hacker-free Hearsay Culture website. You should not only see a clean and exciting new design, but much more robust functionality, from expanded social network linking to an embedded audio player for each show post. The Listen link now corrects my early error by clearly identifying the year associated with an interview (who knew that the show would run for nine years and counting?) The site is now mobile-friendly. You’ll even see a new logo! Play around with site and let me know what you think at the new Contact link. What else would you like to see?

Just as the show is about the guests, the fact of a new site is also about others. I am proud to say that I can thank two Elon University colleagues, iMedia graduate student Brandon Frye and his professor William J. Moner, for the complete overhaul announced today. It would not have happened without them. Brandon and William have spent many volunteer hours on this project, including Brandon’s design of the website and logo under William’s guidance. I am extremely grateful for their creative, expert and professional work, and the results speak for themselves. Aside from being honored to call them Elon colleagues, you can now call me a reference and a client.

I hope that the new website augments and streamlines your listening experience. Look for tweaks in the coming weeks, including integration with popular podcast streaming applications, an updated Resources page and perhaps some additional blog content beyond the shows. Others may follow depending on your comments.

Thanks so much for listening — you’re the reason that I continue to record new shows. In fact, in tandem with this announcement, I’ve posted a new show with Stanford’s Jonathan Mayer on the Computer Fraud and Abuse Act and hacking. Two more new shows will follow over the coming two days.

Finally, check out the upcoming schedule for this quarter and the future. The first show of the new quarter, with Prof. Danielle Citron of the University of Maryland Carey School of Law on her book Hate Crimes in Cyberspace, airs tomorrow, April 22, at 4pm pacific on KZSU. Here’s to another 230 shows!


Shows 193-194 — Profs. Anupam Chander, Ian Brown and Chris Marsden — posted

I am pleased to post two more shows for this quarter. The first, Show #193, October 2 is my interview with Prof. Anupam Chander of UC Davis Law, author of the just-released book The Electronic Silk Road. Anupam has written a wonderful study of the impact of the Internet and technology more broadly on trade and the transference of culture. From the role of the Internet in allowing complex transactions to occur to the impact of the shift from goods to services, we had a wide-ranging and fun discussion. Anupam raises and questions many challenging issues and assumptions involving trade and technology, and I learned much from the book and the discussion!

My second interview, Show #194, October 16, is my interview with Chris Marsden of the University of Sussex and Ian Brown of Oxford University, authors of Regulating Code: Good Governance and Better Regulation in the Information Age. Ian and Chris have written a terrific analysis of the impact of “code” (read: technology broadly) on regulations themselves. By examining several “hard cases,” Ian and Chris offer insights into how regulatory and legislative practice might react to and change as a result of technology. We discussed copyright, regulatory processes and other high-profile issues. I greatly enjoyed our discussion!

Look for more new shows throughout November! And stay tuned for show #200!


Shows #189-192 — Valentin Dander, Profs. Deven Desai and Michael Rich, and Tim Jordan — posted

New semester, and new projects, means that I’m only now posting the last four shows from the summer quarter. They are:

First, Show # 189, July 17, is my interview with Valentin Dander, PhD candidate at the University of Innsbruck, on open government data. I met Valentin at MIT8, a wonderful conference where this law professor got to meet with and learn from many fascinating communications scholars, some of whom will be future guests on Hearsay Culture. Having heard Valentin’s talk on open government data, I thought it would be a great topic for the show — and it was! We discussed the theory underlying and need for open data structures in government, and their ramifications. I greatly enjoyed the interview!

The second show, Show #190, July 24, is my interview with Prof. Deven Desai of Thomas Jefferson Law School, on 3D printing. Deven’s work focuses on the implications of 3D printing — the ability to “copy” physical objects — in the intellectual property sphere, particularly patents. The dramatic impact of 3D printing is only now beginning to be felt and weighed by scholars, policymakers and society, so I was very excited to have Deven on the show to discuss his early insights. I very much enjoyed the interview!

Additionally, I’m pleased to post the third show, Show #191, August 14, my interview with Prof. Michael Rich of Elon University School of Law, on technology and crime. Mike, who is not only a colleague but a friend, has been doing cutting-edge work on the question of how technology can be used to prevent crime, and the ramifications of using such technology. During our discussion, we focused on two of his articles examining the contours of this issue, from what we mean by “perfect prevention” of crime to the technological limitations of such efforts. As always, I greatly enjoyed by conversation with Mike and consider myself fortunate to work with him at Elon.

Lastly, I’m thrilled to post Show #192, August 23, my interview with Tim Jordan of King’s College London on hacking. Tim is (and has been) doing fascinating work on the question of how the Internet has changed communication practices. Drawing on the worlds of 19th century Australian pioneers and modern-day virtual world gamers, Internet, Society and Culture: Communicative Practices Before and After the Internet, published by Bloomsbury, was a terrific book from which to draw many enlightening and fun points of discussion. I learned much and loved the interview.

I am now in the process of setting the schedule for the Fall 2013 quarter, so please look for the schedule by the end of September (I am excited to note that the first guest will be Prof. Anupam Chander of UC Davis Law, author of the just-released book The Electronic Silk Road). In the interim, please email me at dave@hearsacyulture.com if you have any comments, questions or suggestions for future guests. Thanks for listening!


Shows #175-177 — Amardeep Singh, Stefan Larsson, Marcin de Kaminski and Prof. Tom Streeter — posted

A semester of much administrative and other work left little time for posting new shows, even though they were “in the can” and even aired on KZSU-FM, Hearsay Culture’s home station. So, as a holiday gift, I’m now posting the last three shows of the fall quarter.

The first show, Show #175, October 17, is my interview with Amardeep Singh, Director of National Programs at the Sikh Coalition. Amar is one of the co-founders of the main organizations representing the Sikh community in the United States. A classmate of mine from Case Western Reserve University School of Law (Amar was class of 1997; I was class of 1998), Amar has focused on increasing awareness and understanding of the Sikh community. In our discussion, we discussed hate speech on the Internet, cyberbullying and other challenges facing the Sikh community post 9/11.

Show #176, November 6, is my interview with Stefan Larsson and Marcin de Kaminski of Lund University. We discussed their work on copyright infringement/piracy and Pirate Bay in Sweden. Marcin and Stefan are two of Sweden’s highly-active scholars examining Sweden’s copyright and technology culture, and their work is unique in its empirical scope and depth. We had a wide ranging discussion and I look forward to more interaction with these dynamic thinkers.

Finally, Show #177, November 20, is my interview with Prof. Tom Streeter of the University of Vermont, author of the book The Net Effect: Romanticism, Capitalism and the Internet. Tom’s book is a phenomenal social history of the development of the Internet, from its well-known inception at DARPA to its lesser-known incarnations in World War II policymaking. Tom’s does a terrific job melding this social history into a highly-readable and thoroughly-researched assessment of what the Internet is, and what it isn’t. I highly enjoyed both Tom’s book and the interview, and I hope that you find Tom and our interview as illuminating as I have.

The schedule for the winter quarter 2013 will be posted soon; look for new shows beginning the week of January 14. Happy new year!


shows # 166-169 — Prof. Brett Frischmann, Prof. Francesca Coppa, Prof. Tisha Turk, Michael Masnick and Berin Szoka — posted

I am pleased to post the first four shows of the summer quarter.

The first, Show #166, July 10, is my interview with Prof. Brett Frischmann of Cardozo Law, author of Infrastructure: The Social Value of Shared Resources. Brett has written a thoroughly-researched and thought-provoking account of the benefits and challenges of viewing our infrastructure, from the energy grid to the Internet, as a commons/shared resource. Drawing on his (and others’) writing on the topic of the cultural commons going back over 10 years, Brett’s book was a great topic and I very much enjoyed the discussion.

The second show, Show #167, July 17, is my interview with Profs. Francesca Coppa of Muhlenberg College and Tisha Turk of the University of Minnesota at Morris on vidding. Vidding is a massively creative effort on the part of many artists who reinterpret video to reveal/highlight/interpret their political and social moorings. We had a wide-ranging discussion about the purpose, meaning and technology of vidding, and I learned much in a fun conversation!

The third show, Show #168, July 24 is my interview with Mike Masnick of Techdirt. Techdirt is one of my go-to news sites for all issues surrounding technology law policymaking and challenges, and Mike’s reporting is always well-cited, sharp and entertaining. Indeed, he regularly covers a number of technology issues that are simply ignored in almost all other technology news sites, like the Trans Pacific Partnership Agreement. I learned much from the interview!

The fourth interview is Show #169, July 31, my interview with Berin Szoka of TechFreedom, co-editor of The Next Digital Decade. Berin is a leading thinker on technology policy and writes from a libertarian perspective. He amassed a stellar group of commentators for his book, and we discussed several of the questions that he posed to his contributors. I’m a fan of Berin and his work and was excited to have him on the show!

Look for the last three shows of the summer within the next week or two, and please let me know if you have any comments or suggestions for future guests!


shows #163-165 — prof. lea shaver, chris soghoian, stephanie pell and marvin ammori — posted

I’m pleased to post the last three shows of the spring quarter.

The first, Show #163, May 22 is my interview with Prof. Lea Shaver of Hofstra Law regarding her article Illuminating Innovation. Lea focuses on the story of Edison’s invention of the lightbulb, but draws some surprising conclusions about its import to intellectual property law and, through discussion of less well-known aspects of the story, reaches some surprising results. Drawing on Lea’s deep knowledge of the issues surrounding one of the seminal inventions of the modern era, I very much enjoyed the discussion.

The second show, Show #164, May 29, is my interview with Christopher Soghoian and Stephanie K. Pell, co-authors of Can You See Me Now?: Toward Reasonable Standards for Law Enforcement Access to Location Data that Congress Could Enact. Chris and Stephanie discuss the largely unknown (and not understood) issues surrounding the use of technological location data (think, GPS on your cell phone) by law enforcement. Their combined knowledge, drawn from the worlds of technology/security and law enforcement, respectively, makes for an unusually thorough examination of this challenging issue. We discussed the technology, how its used, and what to do about it. I learned from and enjoyed the interview.

Finally, the last show of the spring quarter, Show #165, June 5, is my interview with Marvin Ammori, author of First Amendment Architecture. Marvin has written an exhaustive analysis of how architecture, be it technological or physical, or as Marvin calls them, “spaces,” play into the law surrounding the First Amendment. This important but under-theorized issue is critical to the ability to maintain and protect the ability to speak in a technologically unstable time. The issue of spaces is thoroughly analyzed in Marvin’s article, and we discussed his theories and their ramifications going forward in this fun and enlightening discussion.

I am in the process of finalizing the schedule for the summer quarter, so look for that on Monday!


shows 147 and 148 — profs. marcus boon and ann bartow — posted

I am pleased to post two more shows for the fall quarter. The first, Show 147, August 17 is my interview with Prof. Marcus Boon of York University, discussing In Praise of Copying. Marcus has written a unique contribution to our notions of what it means to copy and imitate by examining copyright law through the lens of Buddhism. A new focus on Hearsay Culture, our discussion examined what Buddhist teachings might tell us about copying as a human behavior and, more broadly, whether western conceptions of intellectual property mesh with Buddhist beliefs. I learned a lot both from the book and our discussion. [Apologies for some audio issues in this recording].

The second show, Show 148, August 24, is my interview with Prof. Ann Bartow of Pace University School of Law, author of the forthcoming article Copyright Law and the Commoditization of Sex. Ann examines how copyright law potentially incentivizes the creation of pornography that is illegal and/or harmful to the performers. It may be a surprise to many that copyright law does not carve an exception for such works; Ann proposes that such exceptions should be considered and outlines a system for such considerations. Ann is a prolific scholar and exciting thinker and I greatly enjoyed the discussion.


shows 138-141 — profs. pamela long, mario biagioli, kevin werbach, andy haile and scott gaylord — posted

I am pleased to post the last four shows of the spring quarter.

The first, Show # 138, May 10, is my interview with Pamela Long, co-author of Obelisk: A History. Obelisks are not a common topic on Hearsay Culture — in fact, they had never been mentioned before. But Pam’s book is right up Hearsay Culture’s alley, as we discussed the engineering and technology surrounding these ancient Egyptian monuments. From a technological standpoint, these objects are a fascinating symbol of human ingenuity, and the discussion allowed for an insightful analysis of their import and meaning, technologically, politically and spritually.

The second show, Show #139, May 17, is my interview with Prof. Mario Biagioli of UC-Davis School of Law, Director of the Center for Innovation Studies. Mario is a historian who has spent much time studying the role of secrecy in innovation, along with other varying topics, in a long and distinguished career. In this discussion, we focused on his work examining the role of the patent specification (descriptions of the proposed patentable invention in a patent application) in the political and social history of the United States. Mario’s work is critical in the burgeoning field of secrecy studies and I very much enjoyed our discussion.

Third is Show #140, May 24, my interview with Prof. Kevin Werbach of The Wharton School, University of Pennsylvania. In this interview, we focused on Kevin’s article The Network Utility. This article, drawing on Kevin’s background with and knowledge of the Federal Communications Commission (FCC), examines some forgotten early technology caselaw that treated computers and computer communications as utilities. We discussed this caselaw, as well as the role of the FCC in regulating the Internet and the “cloud.” I greatly enjoyed our chat.

Finally, Show #141, May 31, is my interview with Profs. Andy Haile and Scott Gaylord, my colleagues at Elon University School of Law. Andy and Scott have written a comprehensive analysis of the problems facing state taxation authorities in collecting owed revenue from e-commerce entities like Amazon. In their article, they examine this issue and propose solutions. In the course of our discussion, which was the first in-studio recording that I’ve done since I left Stanford (physically) in 2007, we discussed the speech and privacy concerns attendant with this issue, as well as their proposed solutions. I enjoyed the talk!

The next quarter on KZSU will begin at the end of June. I’m looking forward to an exciting schedule of guests! Thanks, as always, for listening, and enjoy the month!