Alan Chapell sits down with Cindy Cohn, former Executive Director of the Electronic Frontier Foundation (EFF) and author of Privacy’s Defender. They discuss the landmark Bernstein encryption case, the Snowden revelations, surveillance, behavioral advertising, privacy regulation, competition law, some lessons for companies in the ads space, and the future of digital rights in an increasingly monitored world.
Privacy’s Defender is available at: https://mitpress.mit.edu/9780262051248/privacys-defender/
Can Privacy Technologies Replace Cookies? Ad Revenue in a Field Experiment is available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5284526
The Chapell Regulatory Insider is available at: https://chapellreport.substack.com/
Takeaways
Cindy Cohn reflects on her role in the landmark Bernstein case that helped establish encryption as protected speech.
The conversation explores how the Snowden disclosures exposed mass government surveillance and reshaped privacy debates.
Privacy, competition, copyright, and technology policy are deeply interconnected and require a multi-pronged approach.
Both guests agree that many privacy regulations unintentionally burden smaller companies while reinforcing Big Tech dominance.
Behavioral advertising, surveillance pricing, and data-driven discrimination pose growing risks to consumers.
Cohn argues that privacy rights must be continuously defended and that the next generation has a critical role to play.
Chapters
00:00 Introduction to Cindy Cohn and Privacy’s Defender
03:57 The Bernstein Case and the Fight for Encryption Rights
06:10 Human Rights Law as a Foundation for Privacy Advocacy
08:23 How an Early Court Victory Shaped a Career
13:22 The NSA, AT&T, and the Snowden Revelations
20:46 Centralized Power, Internet Architecture, and Digital Freedom
25:07 Privacy Regulation, the FCC, and the FTC Debate
29:19 Private Rights of Action and Privacy Enforcement
31:54 Behavioral Advertising vs. Contextual Advertising
35:20 Surveillance Pricing and Consumer Fairness
39:33 Competition Law, Big Tech, and Regulatory Capture
41:10 Why Privacy Is a Team Sport
45:02 Music, Community, and Avoiding Burnout
48:26 Key Lessons from the Conversation
53:08 Surveillance Pricing, AI, and Future Risks
54:06 The Growing Number of Privacy Choke Points
55:11 Final Thoughts and Book Recommendation
Guests: Alan Chapell
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