#248: Everything You Wanted to Know about Information Fiduciaries but Were Afraid to Ask

Tech Policy Podcast

TechFreedom

Technology

4.8 • 45 Ratings

🗓️ 28 May 2019

⏱️ 57 minutes

🔗️ Recording | iTunes | RSS

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Summary

The reaction against the ever-growing amount of information collected by tech giants has led to proposals ranging from self-regulation to strict GDPR-style privacy, and even the potential break-up of larger companies. But could treating tech companies as information fiduciaries — creating a legal obligation to be trustworthy in their use of our data — help solve this privacy problem? Ash is joined by Jack Balkin, Knight professor of constitutional law and the First Amendment at Yale Law School and founder Yale’s Information Society Project, and Mike Godwin, senior fellow of technology and innovation at the R Street Institute. For more, see Balkin’s work on the subject (law review article, website, Balkinization blog), and Godwin’s book, The Splinters of our Discontent.

Transcript

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0:00.0	Welcome, welcome, welcome. This is a new episode of a tech policy podcast, and I have a very special episode for our listeners. We're going to talk about the It Girl of Tech Policy, a popular concept of information fiduciaries. And joining us is the person who's coined the term, Professor Jack Balkin.
0:23.8	Professor Balkin needs no introduction, but let me name a few of his titles.
0:27.8	He's Knight Professor of Constitutional Law and the First Amendment at Yale Law School.
0:32.1	He's the founder and director of a Yale Information Society project.
0:35.6	And also he directs the Knight Law and Media Program
0:38.3	and the Abrams Institute for Free Expression at Yale Law School.
0:42.4	Professor Bakken is one of the leading constitutional scholars in the country.
0:45.8	And on a personal note, he's the reason I ended up in tech policy,
0:49.1	although he's not responsible for anything I do in this space.
0:53.0	Today's the tables have turned, and I'm
0:55.5	asking Professor Balkan questions for once. Thank you for coming to D.C. and joining us.
0:59.7	That's great to be here. And that's not it. I have not one, but two all-star experts joining us
1:04.8	today. We also have Mike Godwin, the first staff council of the Electronic Frontier Foundation,
1:10.7	the creator of a world-famous Godwin's law, also a general counsel of an Electronic Frontier Foundation, the creator of a world famous Godwin's Law,
1:13.3	also a general counsel of Vicki Media Foundation, and currently General Counsel and Director of Innovation and Policy at the R Street Institute.
1:20.5	Last month, Mike was elected to the Internet Society Board. My congratulations.
1:24.7	Thank you. And let me just clarify, I'm actually a senior fellow at R Street now.
1:28.9	I've graduated to senior fellow.
1:30.7	No, I'm glad to be here.
1:31.7	Thank you for having me.
1:32.7	It's fun to be here.
1:34.0	All right.
	...

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