Jacob Robinson

building @LawofCodeFM to help you understand the legal layer of tech

[Jacob Robinson @JacobRobinsonJD]

Should code ever lose First Amendment protections?

This podcast covers free speech and software, including cryptography, cryptocurrency and AI. It should be the internet's most comprehensive.

You'll hear from experts like @valkenburgh, @prestonjbyrne, @LazPieper, Sam Enzer, and Professors Eugene Volokh (@VolokhC) and @JaneYakowitz.

We trace the history of Cold War export controls through to the recent restrictions on Anthropic's AI models, and explain why the Supreme Court has never definitively answered the question above.

Timestamps:

0:00 Anthropic AI export controls
6:17 Intro
9:39 The First Amendment
10:38 @VolokhC on his free speech philosophy
13:42 Speech vs function
19:24 @valkenburgh interview
25:50 The Cold War, munitions list and Phil Zimmermann
29:57 The Bernstein case
34:53 Strict scrutiny
38:48 The Corley case
49:17 Sorrell, Stevens and where the Supreme Court is heading
53:25 @prestonjbyrne on the Supreme Court's AI case
57:23 Defense Distributed and 3D-printing
1:04:00 Where publication ends and conduct begins
1:15:20 Lowe v. SEC and the agency line
1:45:45 Compelled speech
2:04:17 @LazPieper on Sorrell and third-party liability
2:11:29 @prestonjbyrne on the GRANITE Act and foreign censorship

Thank you to the presenting sponsor of this episode, @altitude.

Nothing in this podcast is legal or investment advice.

[Adam Thierer @AdamThierer]

Interested in a deep dive into AI, free speech & the likely First Amendment cases and controversies of the future? This “Law of Code” podcast from @JacobRobinsonJD has it all. It's a free 2-hour course on all the key issues & cases. Incredibly wide-ranging discussion.

[Jacob Robinson @JacobRobinsonJD]

@AdamThierer Thanks for giving it a listen and sharing, Adam

[Jacob Robinson @JacobRobinsonJD]

@TaylorLorenz Wow I had no idea about this

[Jacob Robinson @JacobRobinsonJD]

@JohnEDeaton1 @patrickjwitt Second-best news:

[Eleanor Terrett @EleanorTerrett]

🚨NEWS: I’m hearing from multiple industry sources that the White House has agreed on an ethics package for the Clarity Act and sent the language to certain Senate Republicans this afternoon.

It’s still unclear what the details of the agreement are (I’ve reached out for comment), but industry participants are hopeful this could clear the way for updated bill text to be released soon.

[Jacob Robinson @JacobRobinsonJD]

@EleanorTerrett Huge!

For anyone wondering what “ethics” might include:

[Jacob Robinson @JacobRobinsonJD]

Must-read insight for the latest on the Clarity Act by @banamlas in the below thread.

For anyone wondering what might be included in these long-debated "ethics" provisions, @KyleBligen explains it in less than two minutes here.

[Jacob Robinson @JacobRobinsonJD]

@patrickjwitt @xethalis Great news

[Jacob Robinson @JacobRobinsonJD]

@AdamThierer Any feedback much appreciated!

[Jacob Robinson @JacobRobinsonJD]

@prestonjbyrne Was reportedly* https://t.co/5EoDJDfLhs

[Sophia Cai @SophiaCai99]

There was a brief discussion about this recently, but the Commerce Department is *NOT* moving forward on banning Chinese models at this time, per person familiar.

[Jacob Robinson @JacobRobinsonJD]

The Trump Administration is reportedly considering banning Chinese open-source AI models within the United States.

@prestonjbyrne explains why an open source model is likely to be the defining Supreme Court case on code as speech.

[Jacob Robinson @JacobRobinsonJD]

Should code ever lose First Amendment protections?

This podcast covers free speech and software, including cryptography, cryptocurrency and AI. It should be the internet's most comprehensive.

You'll hear from experts like @valkenburgh, @prestonjbyrne, @LazPieper, Sam Enzer, and Professors Eugene Volokh (@VolokhC) and @JaneYakowitz.

We trace the history of Cold War export controls through to the recent restrictions on Anthropic's AI models, and explain why the Supreme Court has never definitively answered the question above.

Timestamps:

0:00 Anthropic AI export controls
6:17 Intro
9:39 The First Amendment
10:38 @VolokhC on his free speech philosophy
13:42 Speech vs function
19:24 @valkenburgh interview
25:50 The Cold War, munitions list and Phil Zimmermann
29:57 The Bernstein case
34:53 Strict scrutiny
38:48 The Corley case
49:17 Sorrell, Stevens and where the Supreme Court is heading
53:25 @prestonjbyrne on the Supreme Court's AI case
57:23 Defense Distributed and 3D-printing
1:04:00 Where publication ends and conduct begins
1:15:20 Lowe v. SEC and the agency line
1:45:45 Compelled speech
2:04:17 @LazPieper on Sorrell and third-party liability
2:11:29 @prestonjbyrne on the GRANITE Act and foreign censorship

Thank you to the presenting sponsor of this episode, @altitude.

Nothing in this podcast is legal or investment advice.

[Jacob Robinson @JacobRobinsonJD]

@FreeSpeech_AI @prestonjbyrne Also here: https://t.co/FdEF7FJSVJ

[Jacob Robinson @JacobRobinsonJD]

The Trump Administration is reportedly considering banning Chinese open-source AI models within the United States.

@prestonjbyrne explains why an open source model is likely to be the defining Supreme Court case on code as speech.

[Jacob Robinson @JacobRobinsonJD]

@GivnerAriel Tale as old as time

[Jacob Robinson @JacobRobinsonJD]

@EconWithNick Wild that it came to this

[Jacob Robinson @JacobRobinsonJD]

" Putting third parties (who are unable to determine when those promises and representations end) in jeopardy, really is not the right policy result."

@NYcryptolawyer on one of the many benefits of the Clarity Act, which hopefully we see move forward soon.

[Jacob Robinson @JacobRobinsonJD]

What is the CLARITY Act?

How does it protect the 70 million Americans who hold crypto? What does it change about how projects operate?

This @LawofCodeFM podcast explains the history of U.S. digital asset regulation, why regulation-by-enforcement failed and what CLARITY solves, plus remaining steps for this to become law.

Featured: @NYcryptolawyer, @milesjennings, @SH_Brennan, @KyleBligen, @millercwl, Dugan Bliss and snippets from @BillHughesDC, @thatgerald.

By the end of this episode, I promise you'll be in the 99th percentile for understanding the CLARITY Act, regardless of whether you're a lawyer, builder or operator.

Timestamps:

0:00 Intro
4:46 Explaining market structure
6:05 @milesjennings on regulatory distortion
10:43 Predecessor bills (RFIA, FIT21)
13:35 Senate Banking markup takeaways @millercwl
15:46 SEC & CFTC
20:37 The Securities Act of 1933
23:07 The Howey Test
25:26 @NYcryptolawyer's Ineluctable Modality of Securities Law
28:51 SEC enforcement
32:32 Why SEC rulemaking isn't enough
37:36 Titles of CLARITY
40:00 Digital commodities
47:29 Howey principles @NYcryptolawyer
54:10 Promoters: originators
58:18 Promoters: related persons
1:04:13 Token taxonomy @milesjennings
1:11:02 Ancillary asset requirements
1:19:34 The certification process
1:28:32 Remaining hurdles for CLARITY
1:34:50 Stablecoin yield
1:38:45 Ethics @KyleBligen
1:45:50 Tax consequences @CryptoTaxGuyETH
1:48:54 Thanking people working on the bill, such as @SenLummis, @gillibrandny, @SenatorTimScott, @SenatorHagerty, @SenThomTillis, @MarkWarner, @SenRubenGallego, f , their staffs & many, many others.

Nothing in this podcast is legal or investment advice.

[Jacob Robinson @JacobRobinsonJD]

@kimmonismus If you're wondering how these type of bans would work legally, I spent over 100 hours and spoke to six First Amendment experts on free speech and code.

https://t.co/5vDeQ4Bjou

[Jacob Robinson @JacobRobinsonJD]

Should code ever lose First Amendment protections?

This podcast covers free speech and software, including cryptography, cryptocurrency and AI. It should be the internet's most comprehensive.

You'll hear from experts like @valkenburgh, @prestonjbyrne, @LazPieper, Sam Enzer, and Professors Eugene Volokh (@VolokhC) and @JaneYakowitz.

We trace the history of Cold War export controls through to the recent restrictions on Anthropic's AI models, and explain why the Supreme Court has never definitively answered the question above.

Timestamps:

0:00 Anthropic AI export controls
6:17 Intro
9:39 The First Amendment
10:38 @VolokhC on his free speech philosophy
13:42 Speech vs function
19:24 @valkenburgh interview
25:50 The Cold War, munitions list and Phil Zimmermann
29:57 The Bernstein case
34:53 Strict scrutiny
38:48 The Corley case
49:17 Sorrell, Stevens and where the Supreme Court is heading
53:25 @prestonjbyrne on the Supreme Court's AI case
57:23 Defense Distributed and 3D-printing
1:04:00 Where publication ends and conduct begins
1:15:20 Lowe v. SEC and the agency line
1:45:45 Compelled speech
2:04:17 @LazPieper on Sorrell and third-party liability
2:11:29 @prestonjbyrne on the GRANITE Act and foreign censorship

Thank you to the presenting sponsor of this episode, @altitude.

Nothing in this podcast is legal or investment advice.

[Jacob Robinson @JacobRobinsonJD]

@AlexanderGrieve can’t wait to see how he gets from Ogygia to MetLife

[Jacob Robinson @JacobRobinsonJD]

@AlexanderGrieve No spoilers, haven’t seen it yet

[Jacob Robinson @JacobRobinsonJD]

" This shouldn't be a partisan issue."

@valkenburgh on why both Republicans and Democrats should want Clarity to pass. (this got me fired up)

"This is a bill that will protect consumers from bad cryptocurrency companies, that will regulate good cryptocurrency companies, and that will also ensure that we're not unjustly prosecuting software developers for things like money transmission."

[Jacob Robinson @JacobRobinsonJD]

Should code ever lose First Amendment protections?

This podcast covers free speech and software, including cryptography, cryptocurrency and AI. It should be the internet's most comprehensive.

You'll hear from experts like @valkenburgh, @prestonjbyrne, @LazPieper, Sam Enzer, and Professors Eugene Volokh (@VolokhC) and @JaneYakowitz.

We trace the history of Cold War export controls through to the recent restrictions on Anthropic's AI models, and explain why the Supreme Court has never definitively answered the question above.

Timestamps:

0:00 Anthropic AI export controls
6:17 Intro
9:39 The First Amendment
10:38 @VolokhC on his free speech philosophy
13:42 Speech vs function
19:24 @valkenburgh interview
25:50 The Cold War, munitions list and Phil Zimmermann
29:57 The Bernstein case
34:53 Strict scrutiny
38:48 The Corley case
49:17 Sorrell, Stevens and where the Supreme Court is heading
53:25 @prestonjbyrne on the Supreme Court's AI case
57:23 Defense Distributed and 3D-printing
1:04:00 Where publication ends and conduct begins
1:15:20 Lowe v. SEC and the agency line
1:45:45 Compelled speech
2:04:17 @LazPieper on Sorrell and third-party liability
2:11:29 @prestonjbyrne on the GRANITE Act and foreign censorship

Thank you to the presenting sponsor of this episode, @altitude.

Nothing in this podcast is legal or investment advice.

[Jacob Robinson @JacobRobinsonJD]

@0xshawnpang Facts

[Jacob Robinson @JacobRobinsonJD]

@austincampbell @valkenburgh @davidzmorris @amandatums No notes 👏