Episode 78: Privacy’s Defender Cindy Cohn on Encryption, Surveillance, Privacy Rights, and the Future of Digital Freedom

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 Learn more about your ad choices. Visit megaphone.fm/adchoices