WEBVTT - Will Elon Musk Step Away From Twitter?

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<v Speaker 1>This is Bloomberg Law with June Bresso from Bloomberg Radio.

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<v Speaker 1>In a few months that Elon Musk has been at

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<v Speaker 1>the helm of Twitter, there's been chaos at the social

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<v Speaker 1>media platform, his laying off more than half of Twitter's workforce,

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<v Speaker 1>quickly issuing rules and policies that have often led to

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<v Speaker 1>lightning fast reversals soon after being made public, suspending people

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<v Speaker 1>from the platform for questionable reasons, tweeting misinformation, posting tasteless jokes,

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<v Speaker 1>and scaring off advertisers with his antics. On Tuesday, Musk

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<v Speaker 1>announce plans to find someone else to run the company

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<v Speaker 1>after his own Twitter poll showed almost fifty eight percent

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<v Speaker 1>of voters wanted him to step down. My guest is

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<v Speaker 1>Eric Cally, professor at Columbia Law School. Musk plans to

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<v Speaker 1>resign as CEO as soon as I find someone foolish

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<v Speaker 1>enough to take the job. Who would be foolish enough

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<v Speaker 1>to take a job when they'll be CEO in name only.

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<v Speaker 1>It's an interesting job advertisement. To be sure, I'm not

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<v Speaker 1>really sure that I think we have the one person

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<v Speaker 1>who is foolish enough to take the job and as

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<v Speaker 1>Elon Busk, but it makes it even harder when he

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<v Speaker 1>has said, yes, I'm gonna find a CEO, but I'm

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<v Speaker 1>still gonna be in charge of a subsidiary part of Twitter.

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<v Speaker 1>So how does that CEO even operate when you're controlling

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<v Speaker 1>shareholder is also running one of your division. Can the

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<v Speaker 1>CEO discipline Mr Bosk for failure to perform? It's it's

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<v Speaker 1>a very very precarious situation. So, you know, managing Twitter

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<v Speaker 1>is already a pretty big ask. Managing it when you

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<v Speaker 1>know you are the boss to the person who is

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<v Speaker 1>your boss is gonna be an even bigger lift. So,

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<v Speaker 1>you know, I'm not really sure he's gonna find a

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<v Speaker 1>lot of takers, or to the extent that he does

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<v Speaker 1>find takers, they are largely going to be sort of

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<v Speaker 1>lieutenant to him in any respect. And that's white, frankly,

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<v Speaker 1>doesn't help with some of the other challenges that Mr

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<v Speaker 1>Busk is facing, particularly from his shareholders and investors at

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<v Speaker 1>other companies, and notably I'll the tesla here. You know,

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<v Speaker 1>they have become much more audibly uppity about you know,

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<v Speaker 1>his travails over at Twitter. Uh, and whether that that

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<v Speaker 1>entire enterprise is not only distracting him but may also

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<v Speaker 1>be you know, sort of contrary to the better interests

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<v Speaker 1>of Tesla in terms of developing its markets and make

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<v Speaker 1>sure it's products are reliable and coming off the production line.

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<v Speaker 1>You know, heading into a very very challenging period of

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<v Speaker 1>time for Tesla. Shareholders are agitated after a drop in

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<v Speaker 1>the company's value this year, and some have urged the

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<v Speaker 1>board to replace Musk. But is that board ever going

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<v Speaker 1>to do anything like that. Possibly it would be quite

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<v Speaker 1>a challenge to do so, give and what a central

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<v Speaker 1>role he has and continues to play at Tesla. It's

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<v Speaker 1>important to realize that that Mr Munk, compared to Twitter,

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<v Speaker 1>Mr Muski, is only about shareholder at Tesla, and that's declining,

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<v Speaker 1>you know, every time I pick up the newspaper. So

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<v Speaker 1>he's you know, selling off more and more shares of Tesla.

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<v Speaker 1>So it's not um completely out of the out of

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<v Speaker 1>the realm of possibility that he might end up being

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<v Speaker 1>moved out as the CEO of Tesla. But you know,

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<v Speaker 1>it's not really clear whose interest ultimately that serves as

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<v Speaker 1>the alternative is to really find someone to take over

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<v Speaker 1>Twitter and for him to sort of concentrate in you know,

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<v Speaker 1>a much more deliberative way on what's happening over at

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<v Speaker 1>at Tesla. That's sort of where he his bread and

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<v Speaker 1>butter and his power alley is anyway, and social media

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<v Speaker 1>has always, you know, seemed to be a bit of

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<v Speaker 1>a sideline for him. So, you know, in many respects,

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<v Speaker 1>if it's one we're sort of thinking, you know, Mr

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<v Speaker 1>Muski needs to be put to his highest and best use,

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<v Speaker 1>and he has to be thinking this as well. You've

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<v Speaker 1>got to figure it is over at Tesla and not

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<v Speaker 1>at Twitter, but it's not clear at least at this stage.

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<v Speaker 1>That's the way that things are going to evolve over time.

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<v Speaker 1>He's you know, put himself into kind of an an

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<v Speaker 1>odd situation where he's made a gigantic, undiversified bet in

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<v Speaker 1>Twitter's future success. It's gonna be you know, quite a

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<v Speaker 1>slog to see how that plays out. He may not

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<v Speaker 1>be able to help himself, but to you know, attend

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<v Speaker 1>to micromanaging things over at Twitter simply because of the

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<v Speaker 1>large stake that he has wrapped up in it. Uh.

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<v Speaker 1>Contrary when you think about Tesla, Yeah, Tesla's lost a

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<v Speaker 1>lot of market value. Uh, it's lost it in part

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<v Speaker 1>because of the crowded base that electric vehicles are increasingly

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<v Speaker 1>becoming Tesla is no longer the only player in this area.

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<v Speaker 1>Now some of the big traditional automakers are coming in

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<v Speaker 1>in both feet into the pool, and that's just going

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<v Speaker 1>to create a much more challenging environment, not to mentioned

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<v Speaker 1>the macro economic environment in which carmakers all find themselves.

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<v Speaker 1>And so this is gonna be a trajectory of of

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<v Speaker 1>Tesla and how to steward it through that coming trajectory

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<v Speaker 1>is going to be a big challenge to whoever is

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<v Speaker 1>at the helm of Tesla. And it sort of makes

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<v Speaker 1>sense from the Tesla shareholders perspectives that they don't want

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<v Speaker 1>someone that is, you know, kind of encumbered with various

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<v Speaker 1>types of of distractions that may be you know, independent

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<v Speaker 1>or possibly antagonistic to the best interests of Tesla. And

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<v Speaker 1>you know, that's another issue that I think is a

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<v Speaker 1>hard one to figure out here. You know, Mr Musk's

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<v Speaker 1>public presence over Twitter and his you know, continued inability

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<v Speaker 1>to to muzzle his own tweets have also you know,

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<v Speaker 1>taken a turn in a fairly political direction in the

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<v Speaker 1>last month and a half, you know, and he has

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<v Speaker 1>he sort of allied himself much more with sort of

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<v Speaker 1>conservative ends of the political spectrum that's not necessarily consistent

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<v Speaker 1>with how Tesla is going to be in a good

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<v Speaker 1>position to further it's market share. You know, generally the

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<v Speaker 1>folks that buy electric cars are not the cat diesel

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<v Speaker 1>power baseball hat wearing truck, right. They tend to be,

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<v Speaker 1>you know, the folks who were, you know, kind of

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<v Speaker 1>worried about carbon footprint and global warming and they want

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<v Speaker 1>to save the planet. And that crew tends to be

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<v Speaker 1>disproportionately drawn from the more sort of centrist to progressive

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<v Speaker 1>wings of the United States, at least as present. So

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<v Speaker 1>by taking what seems to be kind of an antagonistic

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<v Speaker 1>position over Twitter, there's like lots of reasons to believe

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<v Speaker 1>that Mr Musk has actually, you know, not only gotten distracted,

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<v Speaker 1>but he may even have cannibalized some of the best

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<v Speaker 1>sources of loyal customers over at Tesla. Speaking of the

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<v Speaker 1>latest controversy, because it seems like there's one controversy after another.

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<v Speaker 1>He claims that he's a free speech absolutist, and yet

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<v Speaker 1>there have been instances where he suspends the accounts of

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<v Speaker 1>journalists and others where it seems like the reason is

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<v Speaker 1>they said something critical about him. I mean, he can

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<v Speaker 1>do whatever he wants, right, but what's the effect? Well,

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<v Speaker 1>I guess, in fairness to Mr musk when he proclaimed

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<v Speaker 1>himself to be a free speech absolutist, he didn't put

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<v Speaker 1>an important modifier on that, which is who's free speech?

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<v Speaker 1>And evidently he's an absolutist about his own free speech,

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<v Speaker 1>but when it comes to other people's speech, maybe a

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<v Speaker 1>little bit less of an absolutist position. I think this

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<v Speaker 1>is an issue that has long worried people that you know,

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<v Speaker 1>on some level. Once you get deep into the weeds,

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<v Speaker 1>you know, part of a hard challenge that is in

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<v Speaker 1>front of anyone who's doing some type of content moderation

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<v Speaker 1>on platforms like this is how do you do it

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<v Speaker 1>in a completely viewpoint neutral way. It's a big challenge,

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<v Speaker 1>and it's something that probably needs to draw on a

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<v Speaker 1>lot of different inputs. Your Musk has, maybe, you know,

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<v Speaker 1>by necessity, decided that the inputs that he's been drawn

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<v Speaker 1>are his own intuitions, and therefore, you know, many things

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<v Speaker 1>that we never realized were dangerous forms of doxing turn

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<v Speaker 1>out to be doxing from his perspective. You know, reporting

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<v Speaker 1>news about Mr musk um criticizing Mr musk. You know

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<v Speaker 1>that those are the types of things, at least if

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<v Speaker 1>you've got a large following on Twitter or you know,

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<v Speaker 1>in the in the public press, that may be something

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<v Speaker 1>that that he either genuinely feels threatened by and feels

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<v Speaker 1>is dangerous or just sort of doesn't want to give

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<v Speaker 1>it a public airing on the platform that he owns,

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<v Speaker 1>and has decided in a somewhat impetuous and a little

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<v Speaker 1>bit vindictive way to pull the critics off of the platform.

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<v Speaker 1>It's hard to imagine how that then sort of computes

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<v Speaker 1>into a free speech absolutist position. I think he abandoned

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<v Speaker 1>that long ago, and Twitter still, you know, has a

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<v Speaker 1>chance to be what he or whoever is controlling it

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<v Speaker 1>and maybe even owning it makes of it. But he

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<v Speaker 1>is not um thus far in his track record stewarding Twitter,

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<v Speaker 1>he has on acted in a way that seems consistent

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<v Speaker 1>with some of his own proclamations earlier on about how

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<v Speaker 1>much he values the freedom of expression in the marketplace

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<v Speaker 1>of ideas. There's some backlash from lawmakers in the EU.

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<v Speaker 1>A vice president of the European Commission said the arbitrary

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<v Speaker 1>suspension of journalists violated the e use Digital Services Act

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<v Speaker 1>and it's Media Freedom Act. There's a backlash from lawmakers

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<v Speaker 1>in the EU. The Vice President of the European Commission

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<v Speaker 1>said his moves violated the e USE Digital Service Act

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<v Speaker 1>and it's Media Freedom Act. So where he might be

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<v Speaker 1>safe in the US, he might have problems in the EU.

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<v Speaker 1>It's a big issue for any global company because you

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<v Speaker 1>are not necessarily, you know, going to be fine simply

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<v Speaker 1>by you know, abiding by the jurisdictional rules and regulations

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<v Speaker 1>of even the largest jurisdiction that you're operating in. Once

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<v Speaker 1>you're operating across jurisdiction, you have a senti many masters

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<v Speaker 1>to figure out and attend to. And with the EU,

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<v Speaker 1>they've long had a much more aggressive position on the

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<v Speaker 1>social media content, the right to be forgotten and so forth,

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<v Speaker 1>and so it's just not surprising that the EU regulators

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<v Speaker 1>are going to be a tougher sell than US regulators,

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<v Speaker 1>you know, on that score as well. It's probably worth

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<v Speaker 1>noting that Senator Warren herself has come out of the

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<v Speaker 1>woodwork to tick the tires not on musk stewardship of Twitter,

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<v Speaker 1>but on whether he's breaching his duties to Tesla and

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<v Speaker 1>Testlas shareholders. Now that's kind of an interesting position for

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<v Speaker 1>Senator Warren, who's you know, much more of a kind

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<v Speaker 1>of a stakeholder identified commentator, to be sort of, you know,

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<v Speaker 1>worried about test La shareholders. But on some level it

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<v Speaker 1>speaks to the complexity of the situation that he's in.

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<v Speaker 1>You know, when you are so heavily connected to two

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<v Speaker 1>companies that are not in the same industry that maybe

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<v Speaker 1>in some cases working across purposes, it's going to be

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<v Speaker 1>hard to stay out of regulators sites. And so the

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<v Speaker 1>European regulators seemed to have a lot more to say

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<v Speaker 1>about decisions made and not made at Twitter. Maybe that

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<v Speaker 1>that US regulators, by the same token, are are going

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<v Speaker 1>to increasingly come down harder on how Mr Musk is

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<v Speaker 1>affecting that the running and the outcomes at Tesla. Well,

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<v Speaker 1>the FTC has apparently expanded its investigation into security concerns

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<v Speaker 1>at Twitter. This was an investigation and a consent decree

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<v Speaker 1>to pre existed his his purchase of the company, and

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<v Speaker 1>uh and Twitter, you know very much, you know, was

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<v Speaker 1>was under ongoing obligations and is under ongoing obligations to

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<v Speaker 1>comply with that consent decree. And and FTC has authority

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<v Speaker 1>and in many ways a duty to ensure that that

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<v Speaker 1>compliance is ongoing. One of the first moves that Mr

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<v Speaker 1>Musk made once he took control of Twitter in late

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<v Speaker 1>October was to lay off, you know, a substantial portion

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<v Speaker 1>of the staff, many of whom were responsible from ensuring

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<v Speaker 1>that compliance was unfolding in a reasonable way with this

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<v Speaker 1>FTC consent decree. So you know, there again, it's in

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<v Speaker 1>a it's another situation where it's proven quite difficult for

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<v Speaker 1>Mr Musk to make managerial moves which he you know,

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<v Speaker 1>seems to have a proclivity to make by shooting from

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<v Speaker 1>the hip and not to arouse lawmakers and regulators, uh

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<v Speaker 1>suspicions and criticism. And you know, I wouldn't expect this

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<v Speaker 1>to abate anytime soon. Uh. You know, the FTC has

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<v Speaker 1>is extremely active these days in a bunch of different realms,

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<v Speaker 1>and you know, in many respects Mr Musk has has

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<v Speaker 1>kind of made their job a little easier. Are in

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<v Speaker 1>some of his more controversial actions protected to a large

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<v Speaker 1>degree because Twitter is a private company. Now not necessarily

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<v Speaker 1>when a company the private company, that means that one

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<v Speaker 1>area of law securities law dealing with the rights of

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<v Speaker 1>public shareholders is at least in part not going to apply.

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<v Speaker 1>But that doesn't mean that you get a hall path

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<v Speaker 1>on every other regulatory constraint that faces companies, and those

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<v Speaker 1>include content restrictions. Those also include employment restrictions. And so

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<v Speaker 1>when when you think about the various lenses that that

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<v Speaker 1>Mr must finds himself under from regulators, they tend, at

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<v Speaker 1>least with respect to what he's doing at Twitter, they

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<v Speaker 1>tend not to be securities regulators as much as former

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<v Speaker 1>employee or you know, FTC regulators that are really about

0:13:40.440 --> 0:13:45.040
<v Speaker 1>not protecting shareholders but protecting users and customers. Simply being

0:13:45.040 --> 0:13:48.480
<v Speaker 1>a privately held company does not get you out of

0:13:48.520 --> 0:13:53.119
<v Speaker 1>the jurisdictional scope of the FTC or any other regulator

0:13:53.400 --> 0:13:56.199
<v Speaker 1>whose purpose is not to regulate your relationship with your

0:13:56.200 --> 0:13:59.720
<v Speaker 1>public shareholds. So yes, the sec doesn't play as larger

0:13:59.840 --> 0:14:02.760
<v Speaker 1>or all here, but just about every other regulator in

0:14:02.760 --> 0:14:05.600
<v Speaker 1>the United States and Europe is going to continue to

0:14:05.640 --> 0:14:09.160
<v Speaker 1>play a role, just like they did before Twitter went private.

0:14:09.480 --> 0:14:11.520
<v Speaker 1>Instead of asking you what he did wrong, I want

0:14:11.559 --> 0:14:13.920
<v Speaker 1>to ask you what do you think he has done

0:14:14.080 --> 0:14:17.120
<v Speaker 1>right since he owned Twitter. Well, a couple of things

0:14:17.120 --> 0:14:19.520
<v Speaker 1>that I think are probably worth noting First of all,

0:14:19.840 --> 0:14:23.400
<v Speaker 1>it was clear that once he took hold of Twitter,

0:14:24.040 --> 0:14:27.280
<v Speaker 1>he was taking hold of a company whose historical revenue

0:14:27.320 --> 0:14:30.920
<v Speaker 1>patterns simply did not match up with what was going

0:14:31.000 --> 0:14:34.480
<v Speaker 1>to be required to service the debt. And so, you know,

0:14:34.560 --> 0:14:38.240
<v Speaker 1>some people criticize Mr Muskin. Look, I've been one of

0:14:38.280 --> 0:14:41.560
<v Speaker 1>them for, you know, in some respects taking you know,

0:14:41.600 --> 0:14:45.280
<v Speaker 1>fairly extreme and and you know, sort of bold and

0:14:45.400 --> 0:14:49.120
<v Speaker 1>quite risky tactics when he was making decisions, and then

0:14:49.200 --> 0:14:52.120
<v Speaker 1>you know, sometimes rolling them back on some level. I

0:14:52.120 --> 0:14:55.240
<v Speaker 1>don't think you can really avoid that simply because you know,

0:14:55.280 --> 0:14:58.680
<v Speaker 1>a company that really needs to pivot um may have

0:14:58.800 --> 0:15:02.240
<v Speaker 1>to pivot using you know, a relatively bold and not

0:15:02.360 --> 0:15:06.200
<v Speaker 1>fully tried out strategy. So I don't really fault Mr

0:15:06.280 --> 0:15:09.280
<v Speaker 1>Musk necessarily for the you know, idea that he's trying

0:15:09.320 --> 0:15:12.760
<v Speaker 1>on a whole bunch of new approaches and policies that

0:15:13.080 --> 0:15:15.720
<v Speaker 1>haven't been tried before. I do fault him a little

0:15:15.720 --> 0:15:17.920
<v Speaker 1>bit for not vetting that a little bit more. They

0:15:17.920 --> 0:15:21.680
<v Speaker 1>seem to be kind of almost management by fever dream

0:15:21.800 --> 0:15:25.080
<v Speaker 1>rather than even having a group of people to sort

0:15:25.120 --> 0:15:27.200
<v Speaker 1>of bounce these ideas off, even if it's in a

0:15:27.240 --> 0:15:31.840
<v Speaker 1>relatively short order. But It doesn't surprise me that anyone

0:15:31.880 --> 0:15:33.920
<v Speaker 1>who's you know, you know, basically trying to keep a

0:15:33.960 --> 0:15:38.040
<v Speaker 1>company afloat that's got a fairly significant debtload isn't going

0:15:38.080 --> 0:15:41.440
<v Speaker 1>to be you know, thinking about different, possibly quite major

0:15:41.920 --> 0:15:46.120
<v Speaker 1>strategy changes that they may undertake. You know, there's probably

0:15:46.160 --> 0:15:49.920
<v Speaker 1>some back room um jockeying right now going on that

0:15:50.000 --> 0:15:52.680
<v Speaker 1>we're not aware of, But I would not be surprised

0:15:52.720 --> 0:15:56.560
<v Speaker 1>at all if Mr Musk isn't negotiating with some of

0:15:56.560 --> 0:15:59.400
<v Speaker 1>the banks that holds at least certain parts of the

0:15:59.480 --> 0:16:02.000
<v Speaker 1>debt that is going to have to start paying off

0:16:02.080 --> 0:16:05.160
<v Speaker 1>interest in the coming months. That has been a particularly

0:16:05.160 --> 0:16:09.400
<v Speaker 1>difficult thing for the banks to sell on to outside investors.

0:16:09.400 --> 0:16:11.080
<v Speaker 1>So a lot of those banks have just kept that

0:16:11.200 --> 0:16:13.520
<v Speaker 1>debt on their own books. And usually the way this

0:16:13.560 --> 0:16:15.920
<v Speaker 1>works is they try to find a syndicate of investors

0:16:15.960 --> 0:16:18.280
<v Speaker 1>who are willing to buy the debt from them, and

0:16:18.320 --> 0:16:20.680
<v Speaker 1>there don't seem to be too many takers at least

0:16:21.080 --> 0:16:23.880
<v Speaker 1>anywhere close to you know, hundred cents on the dollar

0:16:24.000 --> 0:16:27.520
<v Speaker 1>in terms of those obligations. That actually, in some ways

0:16:27.600 --> 0:16:30.880
<v Speaker 1>may create an opportunity for Mr Musk to approach the

0:16:30.880 --> 0:16:33.320
<v Speaker 1>banks and say, well, why don't you let me personally

0:16:33.400 --> 0:16:35.240
<v Speaker 1>buy back this debt. But I'm not going to buy

0:16:35.240 --> 0:16:37.040
<v Speaker 1>it back at a hundred cents on the dollar either,

0:16:37.360 --> 0:16:39.680
<v Speaker 1>But I'll give you, you know, a price thats competitive

0:16:40.040 --> 0:16:42.840
<v Speaker 1>relative to what you can get from someone else. And

0:16:43.040 --> 0:16:46.480
<v Speaker 1>there's almost a sense in which, if that is what's happening,

0:16:46.880 --> 0:16:50.080
<v Speaker 1>then some of the behavior that Mr Musk is engaged

0:16:50.120 --> 0:16:53.480
<v Speaker 1>in right now that I think if I were a

0:16:53.520 --> 0:16:56.080
<v Speaker 1>bank that had lent money to to Twitter, it may

0:16:56.160 --> 0:16:59.080
<v Speaker 1>be very very nervous. Well, that also might make my

0:16:59.160 --> 0:17:01.880
<v Speaker 1>price come down when I when I am bargaining with

0:17:01.960 --> 0:17:04.439
<v Speaker 1>him to try to figure out how much I'm willing

0:17:04.520 --> 0:17:07.840
<v Speaker 1>to basically sell back that debt to him, you know,

0:17:07.840 --> 0:17:10.440
<v Speaker 1>would it be sixty cents on the dollar fifty eight

0:17:10.440 --> 0:17:12.879
<v Speaker 1>cents on the dollars? So there may well be a

0:17:12.920 --> 0:17:16.400
<v Speaker 1>few chapters yet that we have to have to see.

0:17:16.680 --> 0:17:19.320
<v Speaker 1>The other thing that I think is probably worth noting

0:17:19.440 --> 0:17:23.760
<v Speaker 1>is that, notwithstanding the fact that Twitter has, you know,

0:17:23.840 --> 0:17:27.360
<v Speaker 1>it's it's clearly still the most dominant platform out there.

0:17:27.680 --> 0:17:30.080
<v Speaker 1>And you know, even as as Mr Musk has kind

0:17:30.080 --> 0:17:32.520
<v Speaker 1>of engaged in, you know, what seems to be pretty

0:17:32.640 --> 0:17:36.280
<v Speaker 1>erratic behavior, a lot of people have claimed quite publicly

0:17:36.280 --> 0:17:39.040
<v Speaker 1>they're leaving Twitter, and and you know, you sort of

0:17:39.080 --> 0:17:41.399
<v Speaker 1>see him wander back a little bit later on because

0:17:41.400 --> 0:17:44.560
<v Speaker 1>it's still one of the more lively platforms out there.

0:17:44.560 --> 0:17:46.159
<v Speaker 1>And I think, you know, one of the things that

0:17:46.200 --> 0:17:48.280
<v Speaker 1>he is trying to do is some of these other

0:17:48.320 --> 0:17:51.040
<v Speaker 1>competitors that have emerged in the last few years for

0:17:51.600 --> 0:17:56.520
<v Speaker 1>more conservative posters are also you know, not necessarily having

0:17:56.520 --> 0:18:00.160
<v Speaker 1>a feeding frenzy of success, the parlors and the truth socials.

0:18:00.200 --> 0:18:02.679
<v Speaker 1>I think he, you know, is trying to move those

0:18:02.840 --> 0:18:05.440
<v Speaker 1>users back onto Twitter, and I think there's some evidence

0:18:05.480 --> 0:18:08.399
<v Speaker 1>that he's been successful in doing that. So there is

0:18:08.440 --> 0:18:11.280
<v Speaker 1>a sense in which the size of the network on

0:18:11.320 --> 0:18:14.800
<v Speaker 1>Twitter has actually grown a little bit. Their advertising revenues

0:18:14.840 --> 0:18:17.600
<v Speaker 1>haven't haven't reflected that they haven't been very successful at

0:18:17.720 --> 0:18:21.359
<v Speaker 1>monetizing that growth, but at least they have sort of maintained,

0:18:21.400 --> 0:18:25.399
<v Speaker 1>if not slightly shored up their position as a you know,

0:18:25.640 --> 0:18:29.720
<v Speaker 1>kind of a central hub of social networking. It remains

0:18:29.760 --> 0:18:33.320
<v Speaker 1>to be seen whether that can be monetized in any

0:18:33.400 --> 0:18:37.639
<v Speaker 1>successful way. A lot of advertisers have gotten nervous about that,

0:18:37.800 --> 0:18:40.879
<v Speaker 1>simply because they're now quite worried that their own advertisements

0:18:40.920 --> 0:18:43.320
<v Speaker 1>are going to be put up next to you know,

0:18:43.520 --> 0:18:47.479
<v Speaker 1>content that would have been acted with the prior content

0:18:47.560 --> 0:18:50.560
<v Speaker 1>moderation policies, but now it's sort of left out there

0:18:50.680 --> 0:18:53.760
<v Speaker 1>and can be fairly volatile content. So there may still

0:18:53.800 --> 0:18:56.720
<v Speaker 1>be a lot more squeamishness by advertisers, but at the

0:18:56.800 --> 0:18:59.159
<v Speaker 1>very least I think they know that they are, you know,

0:18:59.280 --> 0:19:02.800
<v Speaker 1>seeing a user base that that appears to remain robot.

0:19:03.359 --> 0:19:06.760
<v Speaker 1>Mr Musk's own notoriety might well have played partly a

0:19:06.880 --> 0:19:10.000
<v Speaker 1>role in that as well. Uh, you know, notwithstanding the

0:19:10.040 --> 0:19:12.800
<v Speaker 1>fact that um, you know, he used to be behaving

0:19:12.840 --> 0:19:15.639
<v Speaker 1>in a really erratic way. There are a lot of

0:19:15.640 --> 0:19:18.679
<v Speaker 1>people that still like to tweet about one main topic,

0:19:18.800 --> 0:19:22.960
<v Speaker 1>which is Mr Musk, and to that point, about content

0:19:23.080 --> 0:19:28.040
<v Speaker 1>that advertisers may not want their advertisements next to. The

0:19:28.119 --> 0:19:31.840
<v Speaker 1>New York Times analyze tweets from more than a thousand

0:19:32.000 --> 0:19:37.159
<v Speaker 1>users whose accounts were recently reinstated, and many of the

0:19:37.240 --> 0:19:39.840
<v Speaker 1>users are posting about topics that got them barred in

0:19:39.880 --> 0:19:45.080
<v Speaker 1>the first place, COVID skepticism, election denialism, and Q and on.

0:19:46.080 --> 0:19:49.960
<v Speaker 1>So is that going to hurt the platform? It may

0:19:50.080 --> 0:19:53.720
<v Speaker 1>well hurt the platform if it's the key goal here

0:19:54.000 --> 0:19:59.240
<v Speaker 1>is to try to monetize the user base at Twitter. Uh,

0:19:59.440 --> 0:20:03.280
<v Speaker 1>you know, advertisers have long been the main source of

0:20:03.359 --> 0:20:05.639
<v Speaker 1>revenue there, and to the extent that they are going

0:20:05.680 --> 0:20:08.080
<v Speaker 1>to continue to be the main source of revenue there,

0:20:08.440 --> 0:20:10.320
<v Speaker 1>I think you have to, you know, put yourself in

0:20:10.359 --> 0:20:13.840
<v Speaker 1>the shoes of an advertiser who is who is you know,

0:20:13.960 --> 0:20:18.840
<v Speaker 1>understandably quite squeamish about whether somehow their product is being

0:20:18.960 --> 0:20:23.159
<v Speaker 1>linked to salacious content that they had no idea it

0:20:23.200 --> 0:20:25.240
<v Speaker 1>would be linked to. And the odds are you know,

0:20:25.480 --> 0:20:30.879
<v Speaker 1>somewhat greater once those posters are back on Twitter. Now

0:20:30.960 --> 0:20:34.720
<v Speaker 1>they have their own following, So possibly for some advertisers,

0:20:35.080 --> 0:20:38.040
<v Speaker 1>Uh that's a plot. But the numbers that I've seen

0:20:38.480 --> 0:20:40.760
<v Speaker 1>coming out of Twitter, the ones that have leaked out,

0:20:40.840 --> 0:20:45.600
<v Speaker 1>sort of suggests that advertisers are quite nervous about this move.

0:20:45.680 --> 0:20:49.359
<v Speaker 1>And so if advertisers are gonna sit on the sidelines

0:20:49.480 --> 0:20:52.959
<v Speaker 1>because of the relaxation of at least this type of

0:20:53.000 --> 0:20:56.879
<v Speaker 1>content moderation, how do they make up for this in

0:20:57.080 --> 0:20:59.640
<v Speaker 1>other ways? And you know that you know, Twitter itself

0:20:59.760 --> 0:21:02.399
<v Speaker 1>is you know, now trying to figure out, you know,

0:21:02.440 --> 0:21:05.560
<v Speaker 1>how to slice, dice and julian every version of a

0:21:05.680 --> 0:21:09.240
<v Speaker 1>verified user that you can pay for that um is

0:21:09.320 --> 0:21:12.320
<v Speaker 1>within the realm of imagination. You know. How much that

0:21:12.440 --> 0:21:15.919
<v Speaker 1>captures people's imaginations I think remains to be seen. I

0:21:15.920 --> 0:21:19.160
<v Speaker 1>think there are a lot of folks for whom the

0:21:19.160 --> 0:21:22.560
<v Speaker 1>the idea of you know, paying for a blue check

0:21:22.680 --> 0:21:25.000
<v Speaker 1>or a green check or a great check or whatever

0:21:25.040 --> 0:21:27.560
<v Speaker 1>color of the check is is it never was the

0:21:27.640 --> 0:21:30.280
<v Speaker 1>real reason to you know, you know, become a you know,

0:21:30.320 --> 0:21:34.280
<v Speaker 1>a verified user on Twitter and just not gonna send

0:21:34.320 --> 0:21:37.240
<v Speaker 1>the same message that it did before. So I have

0:21:37.440 --> 0:21:40.639
<v Speaker 1>some you know, I have some concerns that as Twitter

0:21:41.160 --> 0:21:44.479
<v Speaker 1>loses a lot of advertising revenue, it's gonna have a

0:21:44.520 --> 0:21:48.560
<v Speaker 1>hard time making it up with other services. Now it's

0:21:48.600 --> 0:21:50.760
<v Speaker 1>going to be throwing a few haymakers to try to

0:21:50.960 --> 0:21:53.960
<v Speaker 1>become kind of the central media hub of everything that

0:21:54.080 --> 0:21:58.399
<v Speaker 1>everyone does, making a marketplace, make it a chat tool,

0:21:58.560 --> 0:22:00.840
<v Speaker 1>and and so forth. And it's got some of that

0:22:00.880 --> 0:22:05.520
<v Speaker 1>functionality now, though it hasn't really sort of become dominant

0:22:05.560 --> 0:22:08.040
<v Speaker 1>in a lot of those other areas, and it still

0:22:08.080 --> 0:22:10.320
<v Speaker 1>remains to be seen whether that's going to happen. But

0:22:10.440 --> 0:22:14.040
<v Speaker 1>in the absence of being able to substantially amp up

0:22:14.080 --> 0:22:17.479
<v Speaker 1>advertising dollars, that money's got to come from somewhere, and

0:22:17.600 --> 0:22:19.760
<v Speaker 1>right now, I think you know what we're seeing, and

0:22:20.119 --> 0:22:22.720
<v Speaker 1>you know, kind of on a weekly basis is you know,

0:22:22.760 --> 0:22:26.600
<v Speaker 1>somewhat of a careening set of strategies attempting to figure

0:22:26.600 --> 0:22:30.400
<v Speaker 1>out where he can get some traction to actually increase

0:22:30.720 --> 0:22:33.640
<v Speaker 1>revenue streams to the company. Thanks so much for being

0:22:33.640 --> 0:22:36.920
<v Speaker 1>on the show. Eric. That's Professor Eric Talley of Columbia

0:22:37.000 --> 0:22:47.000
<v Speaker 1>Law School. One who makes you larger and one who

0:22:47.280 --> 0:22:58.919
<v Speaker 1>makes you small and mother, don't do anything. Many people

0:22:59.000 --> 0:23:04.000
<v Speaker 1>associating magic mushrooms with the psychedelic sixties, with hippies and

0:23:04.119 --> 0:23:08.040
<v Speaker 1>rock stars following mystics on the fringes and experimenting. But

0:23:08.200 --> 0:23:11.760
<v Speaker 1>it's a whole different story today as psychedelic drugs are

0:23:11.800 --> 0:23:16.159
<v Speaker 1>being accepted by many in the mainstream. How mainstream. The

0:23:16.240 --> 0:23:19.720
<v Speaker 1>powerhouse lawyer in the paramount series The Good Fight, played

0:23:19.720 --> 0:23:23.199
<v Speaker 1>by Christine Baranski, went through a course of treatment with

0:23:23.240 --> 0:23:26.919
<v Speaker 1>psilocybin in the last season. And what are your services?

0:23:27.200 --> 0:23:29.920
<v Speaker 1>Dr Bettencourt? Is this like ketamine pt one? To wait?

0:23:30.640 --> 0:23:33.080
<v Speaker 1>It's less powerful. You come in here twice a week.

0:23:33.160 --> 0:23:36.760
<v Speaker 1>We offer the option of an ivy, a capsule or spray.

0:23:37.160 --> 0:23:40.040
<v Speaker 1>You lie down in the other room. You were an imask,

0:23:40.560 --> 0:23:43.520
<v Speaker 1>you listen to music of your choosing to focus internally,

0:23:44.280 --> 0:23:46.719
<v Speaker 1>and you have a ninety minute experience. What does that

0:23:46.760 --> 0:23:50.080
<v Speaker 1>mean experience? Well, some people call it a trip, others

0:23:50.119 --> 0:23:54.960
<v Speaker 1>awaking dream. Oregon became the first state to legalize psilocybin,

0:23:55.119 --> 0:23:59.080
<v Speaker 1>the active ingredient in magic mushrooms, two years ago, and

0:23:59.160 --> 0:24:03.600
<v Speaker 1>in November, voters in Colorado passed a similar ballot initiative.

0:24:04.000 --> 0:24:08.520
<v Speaker 1>Decriminalization bills have been introduced in several states for consideration,

0:24:08.800 --> 0:24:12.440
<v Speaker 1>while others are studying the drug for medical use. However,

0:24:12.560 --> 0:24:15.679
<v Speaker 1>the use, sail and possession of psilocymon in the United

0:24:15.760 --> 0:24:19.399
<v Speaker 1>States is still illegal under federal law. Joining me is

0:24:19.440 --> 0:24:23.560
<v Speaker 1>healthcare policy expert an attorney Harry Nelson of Nelson Hardeman.

0:24:24.080 --> 0:24:29.320
<v Speaker 1>What psychedelic drugs are being considered for legalization magic mushrooms

0:24:29.440 --> 0:24:33.280
<v Speaker 1>lsd M, d M A. Well, so there's like a

0:24:33.560 --> 0:24:37.280
<v Speaker 1>kind of a sequence that we're in. The only psychedelic

0:24:37.320 --> 0:24:43.440
<v Speaker 1>drugs that is currently a legally prescribable controlled substance is ketamine,

0:24:43.560 --> 0:24:46.560
<v Speaker 1>which is why there's been such an explosion of kenemine clinics,

0:24:46.600 --> 0:24:48.880
<v Speaker 1>and kenemine has been so popular. But then I would say,

0:24:48.880 --> 0:24:53.159
<v Speaker 1>after ketamine of the psychedelics true like plant based psychedelics,

0:24:53.520 --> 0:24:57.720
<v Speaker 1>because ketamine is synthetic um, you know, psilocybe and psilocybe

0:24:57.720 --> 0:25:01.159
<v Speaker 1>and is clearly out in front as the one that

0:25:01.320 --> 0:25:04.919
<v Speaker 1>has the most research being done, the most pressure for decriminalization.

0:25:05.480 --> 0:25:07.879
<v Speaker 1>And then behind it, I think, you know, you have

0:25:07.920 --> 0:25:12.720
<v Speaker 1>a whole series of things like um ayahuasca and I

0:25:12.840 --> 0:25:16.480
<v Speaker 1>be gain other plant based psychedelics, and I think it's

0:25:16.520 --> 0:25:18.879
<v Speaker 1>sort of picking up the rear and probably the last

0:25:19.080 --> 0:25:21.399
<v Speaker 1>to be to be criminalized are going to be the

0:25:21.760 --> 0:25:24.480
<v Speaker 1>synthetics like the b M T S and LSC. But

0:25:24.800 --> 0:25:28.000
<v Speaker 1>I think we're heading towards decriminalization for all of it

0:25:28.560 --> 0:25:32.520
<v Speaker 1>over the next ten plus years. I know that some

0:25:32.640 --> 0:25:39.280
<v Speaker 1>veterans organizations even finance trips overseas to treat PTSD with psilocybin.

0:25:39.720 --> 0:25:42.240
<v Speaker 1>How do these drugs work. I'm not a scientist, I'm

0:25:42.640 --> 0:25:44.439
<v Speaker 1>just a lawyer who worked closely with them. I mean

0:25:44.480 --> 0:25:48.080
<v Speaker 1>they all have like intense, uh you know, neurological experiences

0:25:48.119 --> 0:25:51.280
<v Speaker 1>that give people it's almost an out of body feeling

0:25:51.359 --> 0:25:54.560
<v Speaker 1>in different cases, and it's a whole series of physical

0:25:54.640 --> 0:25:58.960
<v Speaker 1>experiences people describe, you know, whole ranges of going from

0:25:59.200 --> 0:26:02.240
<v Speaker 1>complete surrendy of of an ability to you know, to

0:26:02.280 --> 0:26:05.800
<v Speaker 1>be outside their own bodies and be perceiving their surroundings

0:26:05.880 --> 0:26:08.879
<v Speaker 1>and beyond and in all kinds of intense ways, and

0:26:08.880 --> 0:26:12.320
<v Speaker 1>people have very very different reactions to them, right and

0:26:12.520 --> 0:26:16.760
<v Speaker 1>sometimes incredibly transcendent, sometimes scary, which is why there's so

0:26:16.840 --> 0:26:20.680
<v Speaker 1>much emphasis on these being a guided experience where people

0:26:20.720 --> 0:26:23.320
<v Speaker 1>are sort of being watched to make sure that that

0:26:23.400 --> 0:26:26.600
<v Speaker 1>they don't get into a place of dissociation or where

0:26:26.600 --> 0:26:30.520
<v Speaker 1>they could potentially hurt themselves. But there are still studies

0:26:30.520 --> 0:26:34.640
<v Speaker 1>being done to determine how effective and safe they are

0:26:34.720 --> 0:26:36.840
<v Speaker 1>and what they can be used to treat. I mean,

0:26:36.880 --> 0:26:41.800
<v Speaker 1>for for decades, the d e A basically blocked research

0:26:41.880 --> 0:26:44.520
<v Speaker 1>clinical research, and you had very very few studies going on.

0:26:44.560 --> 0:26:48.040
<v Speaker 1>There were a handful I had clients fifteen plus years

0:26:48.040 --> 0:26:50.879
<v Speaker 1>ago that we're doing studies on, you know, p PTSD

0:26:51.359 --> 0:26:55.080
<v Speaker 1>being treated with psilocybin, on using ecstasy, you know m

0:26:55.160 --> 0:26:58.440
<v Speaker 1>b m A. Also likewise, a lot of studies with veterans.

0:26:58.480 --> 0:27:01.159
<v Speaker 1>There was a small stream of studies that were getting

0:27:01.200 --> 0:27:03.560
<v Speaker 1>approval from td A. As you mentioned, there were a

0:27:03.560 --> 0:27:06.399
<v Speaker 1>lot of people, but there's an underground movement of people

0:27:06.880 --> 0:27:09.640
<v Speaker 1>taking these drugs in uh, you know, in ear in

0:27:09.800 --> 0:27:13.160
<v Speaker 1>setting secluded settings privately, or going out of the country

0:27:13.240 --> 0:27:17.240
<v Speaker 1>to do so in places where they are legal or decriminalized,

0:27:17.280 --> 0:27:20.199
<v Speaker 1>and so yeah, so the research is definitely accelerating, and

0:27:20.240 --> 0:27:24.959
<v Speaker 1>now we have mainstream, major research institutions across the country

0:27:25.000 --> 0:27:27.680
<v Speaker 1>who are which are engaging in studies and at least

0:27:27.720 --> 0:27:31.880
<v Speaker 1>anecdotally from the progress that I'm hearing from researchers who

0:27:31.920 --> 0:27:36.320
<v Speaker 1>we are working with, just really unbelievable results with things

0:27:36.320 --> 0:27:39.560
<v Speaker 1>like major depression where there was a resistance to treatment

0:27:39.760 --> 0:27:42.360
<v Speaker 1>through ordinary means, that and PTSD and a whole range

0:27:42.359 --> 0:27:45.399
<v Speaker 1>of conditions where these really do appear to be a

0:27:45.480 --> 0:27:50.080
<v Speaker 1>breakthrough for many people. In Oregon became the first state

0:27:50.200 --> 0:27:55.879
<v Speaker 1>to legalize philoslibin on a protracted timeline, but the regulations

0:27:55.880 --> 0:27:59.520
<v Speaker 1>for its distributions still haven't been worked out by state

0:27:59.560 --> 0:28:04.560
<v Speaker 1>of fish tolls, and unlike cannabis, psilocybin can't be used

0:28:04.560 --> 0:28:09.040
<v Speaker 1>at home, it has to be administered at licensed service

0:28:09.119 --> 0:28:13.679
<v Speaker 1>centers under the direction of trained facilitators. Is that the

0:28:13.800 --> 0:28:17.159
<v Speaker 1>model that other states are going to use, well, so right,

0:28:17.200 --> 0:28:19.320
<v Speaker 1>so Colorado looks like it's going to be the second

0:28:19.359 --> 0:28:22.400
<v Speaker 1>state and to follow kind of an Oregon model, right,

0:28:22.400 --> 0:28:24.840
<v Speaker 1>so at least and if they're very strange, come I

0:28:25.320 --> 0:28:28.080
<v Speaker 1>In my view, it's a very strange model that, um,

0:28:28.160 --> 0:28:30.919
<v Speaker 1>we're developing where you know, we're sort of as we

0:28:30.960 --> 0:28:34.960
<v Speaker 1>did with cannabis, we're having this experiment of state by

0:28:35.000 --> 0:28:39.160
<v Speaker 1>state different rules and at least not home used for philocybin,

0:28:39.640 --> 0:28:42.520
<v Speaker 1>at least in these early states. Personally, I think it's

0:28:42.720 --> 0:28:47.160
<v Speaker 1>a shame that we can't get our federal agencies to

0:28:47.280 --> 0:28:50.200
<v Speaker 1>move because I think that, you know, what we're doing

0:28:50.280 --> 0:28:53.160
<v Speaker 1>is we're really sort of carving out a whole new

0:28:53.520 --> 0:28:55.560
<v Speaker 1>pathway of how these drugs are going to be used

0:28:55.800 --> 0:28:58.479
<v Speaker 1>when we have a very established system, and all we

0:28:58.520 --> 0:29:00.720
<v Speaker 1>really need to do is be criminal as them, give

0:29:00.760 --> 0:29:05.040
<v Speaker 1>them a prescribable status, and allow you know, physicians to

0:29:05.040 --> 0:29:08.320
<v Speaker 1>prescribe them appropriately and manage them carefully as we do

0:29:08.560 --> 0:29:10.720
<v Speaker 1>all the other kinds of control substances where we think

0:29:10.720 --> 0:29:13.600
<v Speaker 1>there's a risk of danger or abuse. Seems to be crazy,

0:29:13.680 --> 0:29:16.600
<v Speaker 1>but at the moment, these drugs are not being addressed federally,

0:29:16.640 --> 0:29:19.760
<v Speaker 1>so therefore doctors can't write prescriptions, and you have states

0:29:19.760 --> 0:29:21.960
<v Speaker 1>coming up with their own schemes, and while I think

0:29:22.080 --> 0:29:25.280
<v Speaker 1>Oregon deserves credit at first seeing creative. I think we

0:29:25.320 --> 0:29:28.280
<v Speaker 1>have a tried in true way to let patients, you know,

0:29:28.480 --> 0:29:32.680
<v Speaker 1>use medications in appropriate safe settings, including at home with

0:29:32.760 --> 0:29:38.320
<v Speaker 1>physician supervision, is illegal at the federal level. Correct. Other

0:29:38.360 --> 0:29:41.760
<v Speaker 1>than ketamine, all of the psychedelics are currently Schedule one

0:29:42.120 --> 0:29:45.040
<v Speaker 1>under the Control Substances Act, which means that they are

0:29:45.240 --> 0:29:48.840
<v Speaker 1>deemed legally to have no medicinal use and therefore are

0:29:49.360 --> 0:29:52.560
<v Speaker 1>illegal UH and it is a crime to possess them,

0:29:52.600 --> 0:29:56.120
<v Speaker 1>distribute them, and doctors can't have anything to do with

0:29:56.160 --> 0:29:58.800
<v Speaker 1>them or they will lose the risks losing their d

0:29:58.920 --> 0:30:02.480
<v Speaker 1>e A UH licenses essentially a medical licenses and worse

0:30:02.760 --> 0:30:05.920
<v Speaker 1>r criminal risks. So then how does it work when

0:30:06.080 --> 0:30:09.440
<v Speaker 1>let's say you go to Oregon if it's illegal federally

0:30:09.640 --> 0:30:14.480
<v Speaker 1>but the state legalized it. I mean, how does that work? So? Right, So,

0:30:14.560 --> 0:30:16.720
<v Speaker 1>what we're doing, effectively, what we're going is doing, and

0:30:16.800 --> 0:30:18.520
<v Speaker 1>what it looks like the other states are going to

0:30:18.560 --> 0:30:21.640
<v Speaker 1>do because we're getting no federal movement here, is to

0:30:22.040 --> 0:30:24.760
<v Speaker 1>treat this again very much like they did cannabis and

0:30:24.800 --> 0:30:28.920
<v Speaker 1>create a sourcing supply because we had cannaba's dispensaries we're

0:30:28.920 --> 0:30:30.640
<v Speaker 1>going to have these clinics that are going to be

0:30:30.720 --> 0:30:34.720
<v Speaker 1>allowed to um receive you know, the plant based psychedelics

0:30:34.720 --> 0:30:37.680
<v Speaker 1>that starting the philocybin, you know, on a regulated basis.

0:30:37.800 --> 0:30:40.080
<v Speaker 1>And then there will be people who, again not not

0:30:40.160 --> 0:30:43.880
<v Speaker 1>positions or mental health professionals necessarily, but a whole new

0:30:43.920 --> 0:30:47.200
<v Speaker 1>class of essentially state licensed guide who will be trained

0:30:47.200 --> 0:30:51.360
<v Speaker 1>in how to administer and manage and monitor people we're

0:30:51.400 --> 0:30:54.320
<v Speaker 1>taking the philocybin. So it's like it's gonna be very

0:30:54.400 --> 0:30:57.640
<v Speaker 1>much a repeat of cannabis, except the idea of like

0:30:57.680 --> 0:31:00.600
<v Speaker 1>a lounge where people have to stay on site and

0:31:00.840 --> 0:31:03.160
<v Speaker 1>in jest is just kind of an additional wrinkle here.

0:31:03.680 --> 0:31:06.920
<v Speaker 1>So I mean, technically the d e A could arrest

0:31:07.000 --> 0:31:11.120
<v Speaker 1>someone who has this even in a state where it's legal.

0:31:11.480 --> 0:31:14.400
<v Speaker 1>It's true that in theory the d A could. We

0:31:14.440 --> 0:31:16.400
<v Speaker 1>saw by the way, you know, California was the first

0:31:16.400 --> 0:31:19.560
<v Speaker 1>state to be criminalized cannabis in the nineties, and we

0:31:19.600 --> 0:31:22.200
<v Speaker 1>saw that it took several years before the d e

0:31:22.280 --> 0:31:26.280
<v Speaker 1>A stopped rating Canada's censories and club but two thousand

0:31:26.280 --> 0:31:29.760
<v Speaker 1>and twelves Department of Justice issued a memo called the

0:31:29.840 --> 0:31:32.800
<v Speaker 1>Cole Memorandum. And again this is only cannabis right now,

0:31:32.800 --> 0:31:35.040
<v Speaker 1>but I'm predicting that it will be the identical stories

0:31:35.040 --> 0:31:37.240
<v Speaker 1>for psychedelics because that government has taken the position that

0:31:37.280 --> 0:31:39.360
<v Speaker 1>it has better things to do with three sources, and

0:31:39.440 --> 0:31:43.280
<v Speaker 1>as long as people are operating carefully within state legal framework,

0:31:43.720 --> 0:31:46.920
<v Speaker 1>it will not interfere. And I think that rule has

0:31:47.000 --> 0:31:49.520
<v Speaker 1>been successful. There was a question at the beginning of

0:31:49.520 --> 0:31:52.840
<v Speaker 1>Trump administration whether Attorney General Sessions at the time would

0:31:53.040 --> 0:31:55.200
<v Speaker 1>disrupt it, and we saw very quickly that there was,

0:31:55.480 --> 0:31:57.640
<v Speaker 1>you know, no support on either side of the political

0:31:57.720 --> 0:32:00.280
<v Speaker 1>aisle to go back to the old days. The d

0:32:00.320 --> 0:32:02.960
<v Speaker 1>E a interfering with state law, and so I think

0:32:03.240 --> 0:32:05.640
<v Speaker 1>it's pretty safe to say that as long as people

0:32:05.640 --> 0:32:09.280
<v Speaker 1>are operating in states that decriminalize this will be safe.

0:32:09.400 --> 0:32:11.760
<v Speaker 1>You know, within the parameters that are set in that state,

0:32:11.840 --> 0:32:14.480
<v Speaker 1>there's going to be a ban on interstate traffic. I

0:32:14.520 --> 0:32:17.120
<v Speaker 1>think very parallel to cannabis on a bunch of safety

0:32:17.120 --> 0:32:19.600
<v Speaker 1>issues and trying to keep organized crime out of it.

0:32:19.720 --> 0:32:23.000
<v Speaker 1>You know, it'll be safe for people to follow state

0:32:23.040 --> 0:32:27.120
<v Speaker 1>laws as these states secriminalized. So California had an earlier bill.

0:32:27.760 --> 0:32:32.800
<v Speaker 1>It was opposed by law enforcement, including the California DA's Association,

0:32:33.360 --> 0:32:37.800
<v Speaker 1>that said, hallucinations can be dangerous to users and bystanders alike,

0:32:38.120 --> 0:32:40.880
<v Speaker 1>and it's not clear that the benefit of legalizing these

0:32:40.960 --> 0:32:45.040
<v Speaker 1>drugs outweighs the cost to the common welfare. Well, look,

0:32:45.040 --> 0:32:49.240
<v Speaker 1>it's it's no surprise, um that law enforcement is concerned

0:32:49.240 --> 0:32:51.360
<v Speaker 1>about this. Candidly, I think when we look at the

0:32:51.440 --> 0:32:54.920
<v Speaker 1>Cannaba's example that's played out over the last fifteen years,

0:32:54.920 --> 0:32:57.480
<v Speaker 1>we we have to do there's good reasons to say

0:32:57.520 --> 0:33:01.360
<v Speaker 1>that there are a lot of dangerous and their effects right,

0:33:01.400 --> 0:33:04.280
<v Speaker 1>including what it means for motorists and like for people

0:33:04.280 --> 0:33:06.520
<v Speaker 1>on the road, and the extent to which there's a

0:33:06.600 --> 0:33:09.400
<v Speaker 1>risk that crime organizations can be part of this. And

0:33:09.480 --> 0:33:12.400
<v Speaker 1>so I I think it was it's understandable. Personally, I'm

0:33:12.440 --> 0:33:16.560
<v Speaker 1>I'm an advocate for opening up more therapeutics that will

0:33:17.360 --> 0:33:19.680
<v Speaker 1>help more people. Right that we have serious mental health

0:33:19.680 --> 0:33:23.080
<v Speaker 1>issues in the country and this is an incredibly promising therapy.

0:33:23.080 --> 0:33:25.600
<v Speaker 1>But at the same time, I think law enforcement is

0:33:25.720 --> 0:33:28.560
<v Speaker 1>rightly worried that it be done in the right way

0:33:28.600 --> 0:33:30.480
<v Speaker 1>and in the safe way. I don't think that we

0:33:30.520 --> 0:33:33.560
<v Speaker 1>should let those concerned stifle access, but we should be

0:33:33.680 --> 0:33:35.760
<v Speaker 1>careful to like look for the lessons that we can

0:33:35.840 --> 0:33:39.400
<v Speaker 1>learn from where things went awry, you know, And there's this,

0:33:39.520 --> 0:33:43.720
<v Speaker 1>there's this, there's this underlying tension between a movement of

0:33:43.840 --> 0:33:48.000
<v Speaker 1>people who are just trying to get recreational use, which

0:33:48.040 --> 0:33:50.200
<v Speaker 1>has one set of arguments to make about it, and

0:33:50.320 --> 0:33:53.480
<v Speaker 1>medical use. And I think that if we aren't careful,

0:33:53.920 --> 0:33:58.320
<v Speaker 1>we can almost um make the medical uses more challenging

0:33:58.400 --> 0:34:01.560
<v Speaker 1>because of problems that are so stated with recreational youth.

0:34:01.680 --> 0:34:04.080
<v Speaker 1>I think it's totally understandable that law enforcement and other

0:34:04.120 --> 0:34:07.040
<v Speaker 1>groups are going to be, you know, throwing up concerns

0:34:07.560 --> 0:34:11.520
<v Speaker 1>and urging a ghost low approach, and frankly, I think

0:34:11.520 --> 0:34:13.520
<v Speaker 1>they've been a little bit more organized in the early

0:34:13.520 --> 0:34:18.040
<v Speaker 1>political discussions and then the advocacy community for decriminalization and

0:34:18.200 --> 0:34:21.759
<v Speaker 1>UH again, a lot of different stakeholders in this conversation,

0:34:21.920 --> 0:34:24.640
<v Speaker 1>and it's complicated. So I think we've had a few

0:34:24.680 --> 0:34:27.960
<v Speaker 1>California efforts sales, although it looks like the current one

0:34:28.120 --> 0:34:32.120
<v Speaker 1>has promising level attraction and does seem to be, at

0:34:32.160 --> 0:34:34.560
<v Speaker 1>least for now, on a good footing to UH to enactment.

0:34:35.239 --> 0:34:39.560
<v Speaker 1>Do you think the problem is the stigma associated with hallucinogenics,

0:34:39.600 --> 0:34:44.720
<v Speaker 1>you know, Timothy Leary, the bad trips and and all that. Certainly,

0:34:45.000 --> 0:34:46.960
<v Speaker 1>I think there's some of that, although I do think,

0:34:47.040 --> 0:34:50.000
<v Speaker 1>you know, my my senses that public attitudes and some

0:34:50.120 --> 0:34:53.920
<v Speaker 1>in stigma really shifted dramatically with regard to cannabis, and

0:34:54.040 --> 0:34:56.480
<v Speaker 1>I think we're in a different era where it's not

0:34:56.600 --> 0:35:00.600
<v Speaker 1>quite as where there's generally public support for more or access,

0:35:00.760 --> 0:35:02.040
<v Speaker 1>you know. I think at the same time, on a

0:35:02.080 --> 0:35:05.560
<v Speaker 1>community level, people are worried about what's going to look like,

0:35:05.840 --> 0:35:09.080
<v Speaker 1>you know, safety issues and communities, and so I think

0:35:09.080 --> 0:35:10.399
<v Speaker 1>a lot of the concerns are gonna be a lot

0:35:10.440 --> 0:35:13.160
<v Speaker 1>more practical to make sure that it rolls out in

0:35:13.200 --> 0:35:16.040
<v Speaker 1>a way that um, that people can feel good about.

0:35:16.520 --> 0:35:19.640
<v Speaker 1>And you know, that has a more again, much more

0:35:19.680 --> 0:35:23.680
<v Speaker 1>of a healthcare therapeutic framework around it as opposed to

0:35:23.840 --> 0:35:27.680
<v Speaker 1>just being you know, another form of vice that for example,

0:35:27.719 --> 0:35:30.440
<v Speaker 1>parents have to worry about kids getting into. Yeah, I

0:35:30.480 --> 0:35:32.279
<v Speaker 1>think that's where the real issues are going to be.

0:35:32.760 --> 0:35:35.880
<v Speaker 1>Tell us about the California Bill and where it stands now,

0:35:36.239 --> 0:35:38.200
<v Speaker 1>at least in the last two lead places essions. There's

0:35:38.239 --> 0:35:41.640
<v Speaker 1>been uh previous stills that ran into opposition, but this

0:35:41.800 --> 0:35:46.239
<v Speaker 1>one was reintroduced by a San Francisco state senator Scott

0:35:46.280 --> 0:35:49.960
<v Speaker 1>Weener in the late summer, and the idea this one

0:35:50.000 --> 0:35:54.040
<v Speaker 1>is focused on only plant based hallucinogen and so that

0:35:54.040 --> 0:35:58.160
<v Speaker 1>would be like philocybin and you know, I begain but

0:35:58.239 --> 0:36:01.840
<v Speaker 1>it would basically it would create a research institute to

0:36:01.920 --> 0:36:05.640
<v Speaker 1>study them and also UM create a framework for for

0:36:05.760 --> 0:36:10.120
<v Speaker 1>individuals to receive direct amounts to them from the centuries.

0:36:10.280 --> 0:36:12.560
<v Speaker 1>So it's again very very similar in my mind too,

0:36:13.040 --> 0:36:16.840
<v Speaker 1>a cannabis model UM, hopefully with some lessons learned to

0:36:16.920 --> 0:36:19.640
<v Speaker 1>be a little bit more specific than some of the

0:36:19.680 --> 0:36:22.879
<v Speaker 1>early directors in California. That's it's sort of a little

0:36:22.920 --> 0:36:26.800
<v Speaker 1>different than oregons in terms of dissensation the individuals anyway,

0:36:26.840 --> 0:36:29.239
<v Speaker 1>So that's where we are right now. As far as marijuana,

0:36:29.640 --> 0:36:32.680
<v Speaker 1>how long before you think it will become legal at

0:36:32.719 --> 0:36:37.200
<v Speaker 1>the federal level. It's a dangerous question. I've I've been

0:36:37.239 --> 0:36:39.520
<v Speaker 1>asked to write white papers on this subject for years,

0:36:39.520 --> 0:36:41.399
<v Speaker 1>and I've gotten it wrong so many times. I think

0:36:41.480 --> 0:36:44.799
<v Speaker 1>the view that I hear most commonly is that we

0:36:44.920 --> 0:36:48.759
<v Speaker 1>are probably in the next decade, and likely within the

0:36:48.760 --> 0:36:52.400
<v Speaker 1>next five years, we will have a critical mass of

0:36:52.560 --> 0:36:56.240
<v Speaker 1>legislators on both sides of the aisle who will support

0:36:56.400 --> 0:36:58.839
<v Speaker 1>a change in federal status for cannabis. So I do

0:36:58.960 --> 0:37:01.960
<v Speaker 1>think that we will see it. The problem is that

0:37:02.080 --> 0:37:06.320
<v Speaker 1>the politics are so messy in our existing political dysfunction.

0:37:06.680 --> 0:37:09.920
<v Speaker 1>So for example, when people thought that President Obama, you know,

0:37:10.000 --> 0:37:12.880
<v Speaker 1>after he was really stuffed the d A from rating

0:37:12.920 --> 0:37:15.440
<v Speaker 1>back in two thousand nine, and that he might go further,

0:37:15.800 --> 0:37:18.440
<v Speaker 1>you know, it became clear that as midterm elections approach,

0:37:18.480 --> 0:37:20.879
<v Speaker 1>he needed to you know, get some law and order

0:37:21.040 --> 0:37:24.160
<v Speaker 1>support from law enforcement, and so that calculus came in,

0:37:24.200 --> 0:37:26.600
<v Speaker 1>and I think, unfortunately, uh, it's too much of a

0:37:26.600 --> 0:37:29.399
<v Speaker 1>political football to be certain, but I do think that

0:37:29.440 --> 0:37:33.160
<v Speaker 1>we are likely five to ten years away from a

0:37:33.239 --> 0:37:35.800
<v Speaker 1>formal change, you know, based on the on the critical

0:37:35.800 --> 0:37:39.040
<v Speaker 1>mass of states that have already legalized it, and just

0:37:39.040 --> 0:37:41.600
<v Speaker 1>just to clean up some of the messiness of state

0:37:41.680 --> 0:37:44.719
<v Speaker 1>by states policies that allowed for a lot of bad

0:37:44.719 --> 0:37:47.960
<v Speaker 1>behavior to flip between the tracts. Any final thoughts on

0:37:48.000 --> 0:37:51.520
<v Speaker 1>the road ahead for a legalization of psychedelics, I think

0:37:51.560 --> 0:37:53.799
<v Speaker 1>this is really exciting. I think that to anybody who's

0:37:53.800 --> 0:37:56.120
<v Speaker 1>skeptical out there, I think there's the data is just

0:37:56.360 --> 0:37:59.560
<v Speaker 1>really it's worth reading some of the literature about the

0:37:59.560 --> 0:38:02.239
<v Speaker 1>breakthrough that people are having to me. You know, I

0:38:02.640 --> 0:38:05.799
<v Speaker 1>think we've lived in an arrow when that's s R. I,

0:38:06.480 --> 0:38:10.680
<v Speaker 1>you know, pharmaceuticals like Prozac and zola. Really we're, you know,

0:38:10.760 --> 0:38:14.640
<v Speaker 1>thirty plus years ago. We're a game changer in UM,

0:38:14.920 --> 0:38:19.120
<v Speaker 1>creating new options for depression and other mental health challenges.

0:38:19.200 --> 0:38:21.560
<v Speaker 1>And I think that we are going to be living

0:38:21.600 --> 0:38:24.200
<v Speaker 1>through the same kind of a wave. And so I

0:38:24.200 --> 0:38:26.920
<v Speaker 1>would encourage people to think about this as really a

0:38:27.040 --> 0:38:30.440
<v Speaker 1>new era and we're really in the very very beginning,

0:38:30.480 --> 0:38:32.880
<v Speaker 1>but we're gonna look back in thirty years at a

0:38:32.960 --> 0:38:36.880
<v Speaker 1>transformed landscape for options for people who are struggling with

0:38:36.880 --> 0:38:40.440
<v Speaker 1>mental health issues. Thank to Psychedelogys. Thanks so much, Harry.

0:38:40.480 --> 0:38:43.520
<v Speaker 1>That's Harry Nelson of Nelson Hardeman. And that's it for

0:38:43.560 --> 0:38:46.200
<v Speaker 1>this edition of The Bloomberg Law Show. Remember you can

0:38:46.200 --> 0:38:49.440
<v Speaker 1>always get the latest legal news on our Bloomberg Law Podcast.

0:38:49.719 --> 0:38:52.759
<v Speaker 1>You can find them on Apple Podcasts, Spotify, and at

0:38:52.920 --> 0:38:57.960
<v Speaker 1>www dot Bloomberg dot com slash podcast Slash Law, and

0:38:58.000 --> 0:39:01.040
<v Speaker 1>remember to tune into The Bloomberg Law Show every week night.

0:39:01.160 --> 0:39:04.640
<v Speaker 1>Attend the m Wall Street time. I'm June Grosso and

0:39:04.680 --> 0:39:07.200
<v Speaker 1>you're listening to Bloomberg m