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Steptoe Cyberblog

Monthly Archives: May 2016

FAR Council Issues Rule on Basic Safeguarding of Covered Contractor Information Systems

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

On May 16, four years after issuing a proposed rule, the FAR Council issued a final cybersecurity-related rule that reaches deep into the supply chain and is applicable to virtually all government contractors and subcontractors.  The rule establishes a new FAR subpart 4.19 and a clause 52.204-21, both of which are entitled “Basic Safeguarding of Covered… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Patrick Gray

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

Our guest, Patrick Gray, is the host of the excellent Risky Business security podcast.  He introduces us to the cybersecurity equivalent of decapitation by paper cut and offers a technologist’s take on multiple policy and legal issues.  In the news roundup, Michael explains the many plaintiff-friendly rulings obtained by the banks suing Home Depot over… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Dmitri Alperovitch

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

Ransomware is the new black.  In fact, it’s the new China.  So says our guest for episode 116, Dmitri Alperovitch, the CTO and co-founder of CrowdStrike.  Dmitri explains why ransomware is so attractive financially – and therefore likely to get much worse very fast.  He and I also explore the implications and attribution of the… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Orin Kerr

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

Does the FISA court perform a recognizably judicial function when it reviews 702 minimization procedures for compliance with the fourth amendment?  Our guest for episode 115 is Orin Kerr, GWU professor and all-round computer crime guru, and Orin and I spend a good part of the interview puzzling over Congress’s mandate that the FISA court… Continue Reading

Cyber-Liability Insurance and the Retroactive Date Exclusion

Posted in Data Breach

Our colleague, Stephen O’Donnell, authored a blog post published by The D&O Diary.  In it, he discusses two particular standard features of cyber liability insurance policies, the retroactive date and policy inception date exclusions, and the potential for these exclusions to preclude coverage for the very kind of exposures that are the reasons most purchasers buy… Continue Reading

Steptoe Cyberlaw Podcast – Interview with General Hayden

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

Our 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… Continue Reading