The Overlap

FoFF

The Overlap is a podcast brought to you by the Friends of the Future Foundation. We believe that the majority of folks wish for the best future for themselves and future generations, we want to gather that majority, help them identify each other, coordinate together, educate, and equip them to ensure the best future for ourselves and future generations.

  1. Oct 8

    Digital Qualified Immunity: When Software Decides and Nobody Answers

    When the government hands a decision about your life to software, who answers for it — and how does anyone check its work? Joshua and Will borrow a real legal doctrine, qualified immunity, to name something newer: digital qualified immunity. The agency says the software decided. The vendor says the software is a trade secret. The person who lost their benefits or their job is left with nobody to question. In this episode: Arkansas ARChoices. A formula replaced nurses’ judgment and cut home care hours for disabled and elderly Medicaid recipients. A judge blocked it in 2018, not because the math was wrong, but because nobody was told the rules changed. Houston ISD. Teachers were rated and fired using SAS’s EVAAS scores, a model so secret that the district itself couldn’t check it. The case settled for $237,000, and the district stopped firing teachers on those scores. Michigan’s MiDAS. An automated system falsely accused tens of thousands of people of unemployment fraud. The state’s own review found a 93% error rate. That led to Bauserman, a $20 million settlement, and Cahoo v. SAS Analytics, where the vendors were sued by name. Due process 101. Goldberg v. Kelly, the Mathews v. Eldridge balancing test, and why private prison guards can’t claim qualified immunity. California SB 947, the “No Robo Bosses” Act. What “relies primarily” might mean, and whether a manager skimming an AI-written summary counts as human review. What the contract should say. No trade-secret shield against the person affected, reproducible versioned models that auditors can run, vendors sharing liability, and treating any change to scoring weights as a rule change. Consistent isn’t the same as correct. If software made a decision about your life this year, how would you know? Note: We ran into some audio/video sync issues during recording. You may notice drift or more crosstalk than usual in places. We fixed what we could in editing. Thanks for bearing with us. https://fof.foundation theoverlap@fof.foundation

  2. Sep 3

    It's Working: Flooding The Zone

    Joshua sat down Monday to pick this week’s episode, opened 3 tabs, and closed all 3 without picking anything. In his defense there were about 40. 🗂️ In 1984 a psychologist named Karl Weick published a paper explaining why people who care enormously about enormous problems reliably do nothing about them. Short version: make a problem big enough and the human brain quietly logs off. He was writing about social policy for an academic journal nobody outside psychology reads. 34 years later Steve Bannon described that exact effect to a reporter, cheerfully, as a governing strategy. He put it more colorfully. We use his actual words in the episode. So this one has no docket number and no 412-page document. It’s the two of us asking whether being this tired is a personal failing or a policy outcome, and then, because we are apparently incapable of leaving it there, going and finding out what the research says. It says a lot, actually. 39 injunctions landed on this administration by May of last year. The Congressional Research Service looked at 34 of them and found 41.2 percent still standing as of June. The birthright citizenship order died 6-3 at a Supreme Court nobody expected to kill it. 💀 Also the Fourth Circuit turned the anti-DEI provisions loose, trans Americans still can’t get an accurate passport, and the mail voting order has been blocked, unblocked, and blocked again since August. Both of those columns are real, which is inconvenient for everyone selling you a tidy version of this. Then there’s Paul Gorski, who interviewed 22 people about why they left movements they’d given years to. The thing that pushed them out wasn’t the cops and it wasn’t losing. It was their own side, and a rule nobody ever says out loud: if you didn’t burn out, you were never really committed. Sit with that one. We did. Also in here: the statistic every activist you know has quoted at you, taken apart using the published objections of the researcher who found it. A 40-year-old paper that describes flood-the-zone 3 decades before anyone flooded anything. Will on why pacing is not cowardice. And a prediction, with a date attached, so you can come back and tell us we were wrong. We might be. Yes, we are aware this is a podcast telling you to consume less. We thought about that. Then we made it anyway. Everything below is real. Go check it. The whole point of the episode is that you shouldn’t take anybody’s word for anything right now, including ours. SOURCES Weick, K. (1984) “Small Wins: Redefining the Scale of Social Problems,” American Psychologist: https://homepages.se.edu/cvonbergen/files/2013/01/Small-Wins_Redefining-the-Scale-of-Social-Problems.pdf Metag & Gurr (2023). Overload lowers your sense that paying attention does anything, and that’s what makes you stop: https://journals.sagepub.com/doi/full/10.1177/10776990221127380 Gorski & Chen, “Burnout in Social Justice and Human Rights Activists.” The culture of martyrdom finding is in here: http://www.edchange.org/publications/Activist-Burnout-Chen-Gorski.pdf Chenoweth & Stephan, 323 campaigns, 1900 to 2006: https://commonslibrary.org/chenoweth-3-5percent-rule/ Chenoweth’s own cautions on the 3.5% rule. Read this before you quote it at anyone again: https://www.hks.harvard.edu/centers/carr/publications/questions-answers-and-some-cautionary-updates-regarding-35-rule Injunction counts and what is still blocked: https://legis1.com/news/nationwide-injunctions-trump-1-courts-still-block The mail voting order, August 24 and August 28: https://www.votebeat.org/national/2026/08/24/supreme-court-lifts-stay-trump-executive-order-on-elections-mail-ballot-restrictions/ https://www.cnbc.com/2026/08/28/judge-again-blocks-trump-mail-ballot-executive-order.html https://fof.foundation theoverlap@fof.foundation

Ratings & Reviews

5
out of 5
6 Ratings

About

The Overlap is a podcast brought to you by the Friends of the Future Foundation. We believe that the majority of folks wish for the best future for themselves and future generations, we want to gather that majority, help them identify each other, coordinate together, educate, and equip them to ensure the best future for ourselves and future generations.