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Steptoe Cyberblog

Monthly Archives: July 2014

Verizon’s Response to Orin Kerr’s Posts on the Microsoft Search Warrant Case

Posted in International, Privacy Regulation, Security Programs & Policies

As our readers and podcast listeners know, Steptoe filed an amicus brief for Verizon Communications Inc. in the case in which Microsoft has moved to vacate a search warrant seeking emails located in Ireland.  The issue in the case is whether a US search warrant can be used to obtain the content of emails stored… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Richard Danzig

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

Wow, that was quick. I haven’t even turned on the air conditioning at home yet, and already we’ve done the last podcast of the summer.  The Steptoe Cyberlaw Podcast will go on hiatus for August and return after Labor Day! This week in NSA: The Senate Judiciary Committee, the most anti-NSA of the Senate committees… Continue Reading

9/11 Commission Gingerly Embraces “Direct Action” Against Hackers

Posted in Cybersecurity and Cyberwar, Security Programs & Policies

I’ve long been an advocate for fewer restraints on how the private sector responds to hacking attacks.  If the government can’t stop and can’t punish such attacks, in my view the least it could do is not threaten the victims with felony prosecution for taking reasonable measures in self-defense.  I debated the topic with co-blogger… Continue Reading

A Privacy Law’s “Unintended” But Remarkably Convenient Results

Posted in Privacy Regulation

HIPAA is an arguably well-intentioned privacy law that seems to yield nothing but “unintended” consequences.  I put “unintended” in quotes because the consequences are often remarkably convenient, at least for those with power.  I’m not sure you can call something that convenient “unintended.” The problem has gotten so bad that even National Public Radio and… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Orin Kerr

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

Our guest this week is noted computer law guru Orin Kerr, and the podcast is a deep dive into technology and law. This Week in NSA:  Snowden claims without substantiation that NSA employees are passing naked pix around.  And Greenwald’s venture reports that GCHQ has developed the ability to send spam and to rig web… Continue Reading

Steptoe Cyberlaw Podcast – Interview with David Medine

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

Our guest this week is Chairman of the Privacy and Civil Liberties Oversight Board (PCLOB), David Medine. We do a deep dive into the 702 program and the PCLOB’s report recommending several changes to it. Glenn Greenwald’s much-touted “fireworks finale” story on NSA may have fizzled, but this week David and I deliver sparks to… Continue Reading

Steptoe Cyberlaw Podcast – Interview with David Heyman

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

Our guest this week is David Heyman, who recently completed a tour as DHS’s Assistant Secretary for Policy (my old job). David has had a long and productive career in homeland security, in government, and in the private sector. We take a tour of DHS’s horizon, covering DHS’s impressive progress in cybersecurity implementation, the Quadrennial… Continue Reading