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Steptoe Cyberblog

Steptoe Cyberlaw Podcast – Interview with General Hayden

Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies, Virtual Currency

Podcast 114Our guest for episode 114 is General Michael Hayden, former director of the NSA and CIA; he also confirms that he personally wrote every word of his fine book, Playing to the Edge: American Intelligence in the Age of Terror.   In a sweeping interview, we cover everything from Jim Comey’s performance at the AG’s hospital bedside (and in the Clinton email investigation) to whether the missed San Diego 9/11 calls were discovered before or after the 215 program was put in place.  Along the way, we settle the future of Cyber Command,  advise the next President on intelligence, and lay out the price the intelligence community is paying for becoming so darned good at hunting terrorists. Continue Reading

Steptoe Cyberlaw Podcast – Interview with Patrick Henry, Dan Kaminsky, Kiran Raj, and Dr. Zulfikar Ramzan

Posted in China, Cybersecurity and Cyberwar, International, Privacy Regulation, Security Programs & Policies

No holds are barred as a freewheeling panel of cryptographers and security pros duke it out with me and the Justice Department over going dark, exceptional access, and the Apple-FBI conflict.  Among the combatants:  Patrick Henry, a notable cryptographer with experience at GCHQ, NSA, and the private sector; Dan Kaminsky, the Chief Scientist at White Ops; Kiran Raj, who is Senior Counsel to the Deputy Attorney General; and Dr. Zulfikar Ramzan the CTO of RSA Security.  Our thanks to Catherine Lotrionte who generously agreed to let me record this one-hour panel at her remarkable Annual International Conference on Cyber Engagement. Continue Reading

Steptoe Cyberlaw Podcast – Interview with Eric Jensen

Posted in Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

European news and sensibilities dominate episode 112.  I indulge in some unseemly gloating about Europe’s newfound enthusiasm for the PNR data it wasted years of my life trying to negotiate out of the US counterterrorism toolbox.  I pester our guest, Eric Jensen, about his work on the Talinn 2.0 manual covering the law of cyberwar; the manual seems to offer an ever-more-European take on cyberweapons and the law of armed conflict.  And if you think that’s a compliment, you haven’t been listening. Continue Reading

Steptoe Cyberlaw Podcast – Interview with Suzanne Spaulding

Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

Just how sophisticated are the nations planning and carrying out cyberattacks on electric grids?  Very, is the short answer.   Our guest for episode 111, Suzanne Spaulding, DHS’s Under Secretary for the National Protection and Programs Directorate, lays out just how much planning and resources went into the attack on Ukraine’s grid, what it means for US industry, the information sharing that can mitigate the consequences, and why the incident reinforces the need to stand up the Cyber and Infrastructure Protection Agency at DHS. Continue Reading

Steptoe Cyberlaw Podcast – Interview with Susan Munro and Ying Huang

Posted in China, Cybersecurity and Cyberwar, International, Privacy Regulation, Security Programs & Policies

Steptoe recently held a client briefing in its Palo Alto office to update developments in the Chinese legal and regulatory that are impacting US technology companies operating in China.  I took advantage of the event to sneak in a quick discussion with Susan Munro and Ying Huang of Steptoe’s China practice, on how China is regulating the Internet, with special emphasis on data protection, data localization, and more.

As always, the Cyberlaw Podcast welcomes feedback.  Send an e-mail to CyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785.

Download the 110th episode (mp3).

Subscribe to the Cyberlaw Podcast here. We are also now on iTunes and Pocket Casts!

The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

Steptoe Cyberlaw Podcast – Interview with Perianne Boring

Posted in Blockchain, Cybersecurity and Cyberwar, Data Breach, Privacy Regulation, Security Programs & Policies, Virtual Currency

Podcast 109In episode 109, we interview Perianne Boring of the Chamber of Digital Commerce on the regulatory challenges of bitcoin and the blockchain.  In the news roundup, we bring back Apple v. FBI for what we hope will be one last round, as the San Bernardino magistrate voids her All Writs Act motion for mootness and attention shifts to other investigators hoping to crack iPhone security, both in the US and in Europe.  Continue Reading

Steptoe Cyberlaw Podcast – Interview with Nuala O’Connor

Posted in China, Cybersecurity and Cyberwar, International, Privacy Regulation, Security Programs & Policies
Nuala O'Connor & Stewart Baker

Nuala O’Connor & Stewart Baker

It’s an extended news roundup with plenty of debate between me and Nuala O’Connor, the President and CEO of the Center for Democracy and Technology (CDT).  We debate whether and how CDT should pay more attention to Chinese technology abuses and examine the EU ministers’ long list of privacy measures to be rolled back and security measures to be beefed up in the wake of the Brussels and Paris Daesh attacks. Continue Reading

Steptoe Cyberlaw Podcast – Interview with Adam Segal

Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

Adam SegalWhat kind of internet world order does China want, and will it succeed?  That’s the question we ask Adam Segal, Maurice R. Greenberg Senior Fellow at the Council on Foreign Relation and author of The Hacked World Order.  We review China’s surprising success at getting tech companies to help it build an authoritarian Internet – the technological equivalent of persuading Jello to nail itself to the wall.  Meanwhile, every nation, it seems, is busy reasserting sovereignty over cyberspace.  Except the United States.  Which raises the question whether other countries will decide to assert sovereignty over our cyberspace.  We’re the Syria of cyberspace!

Continue Reading

Steptoe Cyberlaw Podcast – Interview with Phil Reitinger

Posted in Cybersecurity and Cyberwar, Security Programs & Policies

Podcast 106In bonus episode 106, Stewart and Alan interview Phil Reitinger, former DHS Deputy Undersecretary for Cybersecurity and Sony Corporation CISO and current Director of the new Global Cyber Alliance, making up for the famous “lost episode” that Stewart and Alan recorded with Phil on the sidelines of the RSA Conference (“The best interview I ever conducted,” according to Phil).

Stewart first asks Phil about his old organization, DHS’s National Protection and Programs Directorate (NPPD).  Phil waxes eloquent about the triumphs and travails of NPPD, and also wonders what the impact on NPPD will be from President Obama’s recent creation of a Federal Chief Information Security Officer in the Executive Office of the President (Alan wonders—less eloquently—about that too).  Phil also notes that “we are all medieval barbers” when it comes to knowing how to treat today’s cybersecurity ills (“We know where to put the leeches, but that’s about it,” says Phil).

We then get to the meat of the interview.  Alan asks Phil all about the new Global Cyber Alliance, launched in partnership with the Center for Internet Security, the New York County District Attorney’s Office (and its asset forfeiture funds), and the City of London Police Department.  Phil explains that the Alliance will not follow the example of other organizations that are long on talk and short on action, and instead will gather subject matter experts to focus specific things, using the mantra of “Do Something.  Measure It.”  The Alliance will look in particular for issues where the global cyber community has an answer to a problem, but is struggling with implementation; the Alliance will provide the project management backbone to allow ad hoc groups of subject matter experts to drive towards implementation of the solution.  Ultimately, the Alliance wants to move from addressing specific risks to measuring and mitigating systemic cybersecurity risk—for example, the global risk of DDOS attacks— but the Alliance has no intention of leaving discrete problems unsolved while it searches for ways to address systemic problems.  Phil also explains that despite its Podcast 106-1founding partners, the Alliance will not be solely focused on cybercrime or prosecution issues, but rather will be focused on prevention.

Finally, Stewart and Phil talk about the FTC and FOIA, noting that Steptoe represented Phil in a FOIA action against the FTC to get it to disclose exactly what standards it is holding business to regarding cybersecurity and data privacy.  Phil colorfully explains the different ways in which the FTC told him to “pound sand,” and also throws around fancy legal terms like the “non-delegation doctrine.”

As always, the Cyberlaw Podcast welcomes feedback.  Send an e-mail toCyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785.

Download the 106th episode (mp3).

Subscribe to the Cyberlaw Podcast here. We are also now on iTunes and Pocket Casts!

The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

Steptoe Cyberlaw Podcast – Interview with Robin Weisman and Peter Van Valkenburgh

Posted in Blockchain, China, Cybersecurity and Cyberwar, International, Privacy Regulation, Security Programs & Policies, Virtual Currency

Doing our best to avoid turning this into the Applelaw podcast, episode 105 begins with Maury Shenk unpacking the new US-EU Privacy Shield details.  His take: more hassles for companies accused of noncompliance, more detailed privacy disclosures and compliance obligations for most members, and a modicum of pain for the intelligence community, but it’s still basically the same framework as the Safe Harbor. Continue Reading