The Slow Hunch

Policy.

Regulation 2.0, trust & safety, net neutrality, the law catching up90 posts

  • Feb 15, 2020
    Data Portability and Privacy

    Earlier this week, I spoke at a Justice Department / Stanford conference about antitrust issues in the tech sector. Our panel included Patricia Nakache from Trinity Ventures, Ben Thompson from Stratechery and Mark Lemley from Stanford. If you are interested you can watch the whole thing here: The ma...

  • Jan 27, 2020
    Regulation and the Tech Industry

    Azeem Azhar has a great post up about the brewing conversation about regulation and the tech industry. There are two main points that stand out to me: 1) In digital systems, ML/AI and data network effects create feedback loops that enable the biggest companies to keep getting better, faster: and, 2)...

  • Dec 30, 2019
    Adversarial Interoperability

    As I make my way through the various predictions & reflections that accompany the new year, one stands out: the EFF’s 2019 Year In Review, entitled “Dodging Bullets on the Path to a Decentralized Future“. I have long been disappointed that there have seemed to be two separate and parallel conversati...

  • Dec 2, 2019
    Slides: Crypto @ Harvard Kennedy School

    Last week, as I have done for the last several years, I gave a guest lecture at the Harvard Kennedy School of Government.  The class is DPI-662: Digital Government: Technology, Policy, and Public Service Innovation taught by my old friend David Eaves and the topic in recent years has been on Crypton...

  • Nov 28, 2018
    A Visual Guide to the Howey Test

    Disclaimer: I am  not a lawyer, and I am not your lawyer.  I have been in an uncountable number of conversations over the past few years discussing the question of what defines a “security” in the context of cryptocurrencies, cryptonetworks, and token offerings.  Here is my current understanding, in...

  • Jul 2, 2018
    The path to decentralization: self-destructing companies

    In June, the SEC gave some of its most concrete guidance to date that cryptoassets can start out as centralized projects, possibly initially sold under securities laws, and eventually become “decentralized” and thus no longer sponsor-controlled, and no longer sold or transferred under securities law...

  • Mar 13, 2018
    Cryptonetworks and why tokens are fundamental

    “Cryptonetworks” can help us build a more competitive, innovative, secure and decentralized Internet.  “Tokens” (also known as cryptocurrencies or cryptoassets) are integral to the operation of cryptonetworks.  As we design new laws and regulations in this emerging space, we should keep these concep...

  • Aug 17, 2017
    Who should police content on the Internet?

    The beauty, and the danger, of the internet is that it’s open to everyone.  Anyone can put up a website, about pretty much anything.  This “open platform” is an amazing thing, and means that innovation can come from all corners, without barriers or gatekeepers.  It also introduces new challenges for...

  • May 29, 2017
    Regulating source code

    As more areas of our economy become computerized and move online, more and more of what regulators need to understand will be in the source code. For example, take the VW emissions scandal: These days, cars are an order of magnitude more complex, making it easier for manufacturers to hide cheats amo...

  • May 26, 2017
    Aligning purpose and strategy: Cloudflare goes nuclear on patent troll

    Last week, I was in Amsterdam at the Next Web conference, giving a talk about “Purpose, Mission and Strategy” — how companies can strengthen the connection between these to align efforts and make tough calls more easily (will post video when it comes online).  From that talk: The idea here being tha...

  • Mar 6, 2017
    Flexing the platform for good

    Over the past few weeks, I’ve been touching base with many companies and individuals in the tech sector to understand how they are reacting to the current political environment. Every company and community (of users, customers) is different, with its own sensitivities, priorities, and goals.  So it’...

  • Mar 2, 2017
    Cycles

    It’s clear that right now we are in a moment of upheaval and turbulence, that seems to have come upon us very quickly.  Pretty much everyone I know has been wrestling to unpack this for the past several months. I’ve been trying my best to understand the worldview of Steve Bannon, who is clearly an… ...

  • Jan 26, 2017
    The Public Data Layer

    I have been thinking a lot lately about the increasing importance of the “public data layer” — meaning, data that we will need (“we” applied broadly, meaning the general public, NGOs, government, scientists, journalists) to make sense of what’s going on in and increasingly busy, but increasingly qua...

  • Jan 11, 2017
    Experience ↔ Design ↔ Policy

    People often ask me how I ended up working in venture capital, and more specifically in a role that deals with policy issues (“policy” broadly speaking, including public policy, legal, “trust & safety”, content & community policy, etc.).  Coming from a background as a hacker / entrepreneur with an u...

  • Jan 5, 2017
    Unintended Consequences

    I’ve been struck recently by the power and surprise of unintended consequences. For example, a recent Slate article digs into flip side of the life-saving potential of automated vehicles: our reliance on car crash deaths for organ donors: “An estimated 94 percent of motor-vehicle accidents involve s...

  • Aug 4, 2016
    Alternative Compliance

    Summary To better support small businesses operating in regulated sectors, we should develop “alternative compliance” mechanisms — parallel regulatory regimes that achieve the goals of existing regulations but take an alternative, data-oriented approach to achieving them.  Such an approach would be ...

  • Jun 21, 2016
    Personal Democracy Forum NYC: Regulating with Data

    At this year’s Personal Democracy Forum, the theme was “the tech we need“. One of the areas I’ve been focused on here is the need for “regulatory tech”.  In other words, tools & services to help broker the individual / government & corporation / regulator relationship. In a nutshell: we are entering...

  • Apr 12, 2016
    Cable boxes, ridesharing and the right to be represented by a bot

    Here are two tech policy issues that don’t seem related but are: the FCC’s current push to open up the set-top-box, and the lawsuits challenging Uber’s and Lyft’s classification of drivers as independent contractors rather than employees. The way to see the connection is through the lens of control ...

  • Mar 31, 2016
    Crypto debate: separating Security from Control

    For the past few weeks, I’ve been following the FBI / Apple phone unlocking case, and digging deep into the debate around encryption, security and privacy. This debate is as old as the sun, and the exact same arguments we’re going through now were fought through 20 years ago during the first crypto ...

  • Mar 18, 2016
    The Freedom to Innovate and the Freedom to Investigate

    Earlier this week, I was at SXSW for CTA‘s annual Innovation Policy Day. My session, on Labor and the Gig/Sharing Economy, was a lively discussion including Sarah Leberstein from the National Employment Law Project, Michael Hayes from CTA’s policy group (which reps companies from their membership in...