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Steptoe Cyberblog

Category Archives: Cybersecurity and Cyberwar

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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

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

Steptoe Cyberlaw Podcast – Interview with Dmitri Alperovich

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

This week in NSA: We take a look at the other half of the Lofgren amendment, which prohibits NSA and CIA from asking a company to “alter its product or service to permit electronic surveillance.”  So if Mullah Omar orders a phone from Amazon, the government can’t ask Amazon to put a bug in it… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Ralph Langner

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

This week in NSA: The House passes an NDAA amendment to regulate “secondary” searches of 702 data, and the prize for Dumbest NSA Story of the Month Award goes to Andrea Peterson of the Washington Post for exposing NSA’s shocking use of “Skilz points” to encourage its analysts to use new tools to do their… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Paul Rosenzweig

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

Our guest for the week, Paul Rosenzweig, is as knowledgeable as anyone about cybersecurity and intelligence law.  He blogs on the topics for Lawfare, writes for the Homeland Security Institute, consults for Red Branch Consulting, and lectures for the Great Courses on Audible. So this week we let him comment on the stories of the… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Congressman Mike Pompeo

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

This week’s interview is with Rep. Mike Pompeo, a member of the House Intelligence Committee who joined the House in 2010 after three careers, any one of which would have been enough for an ordinary man.  First in his class in West Point, he left the Army to study law at Harvard, where he made… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Ron Deibert

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

We begin this week’s podcast with Edward Snowden’s NBC interview and the kerfuffle over his claim to have raised concerns about the agency’s intelligence programs before he launched his campaign of leaks.  That leads us (or me, at least) to a meditation on Snowden’s style of truth-telling, which turns out to be almost indistinguishable from,… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Peter Schaar

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

Our podcast this week unpacks the European Court of Justice ruling on the right to be forgotten.  We interview Peter Schaar, a proponent of the right to be forgotten and an eminent former data protection chief.  From 2003 to 2013 Peter was the Federal Commissioner for Data Protection and Freedom of Information.  He is currently… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Shane Harris

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

For the first time, we begin the podcast not with NSA on the defensive, but with breaking news of an American counterattack on Chinese cyberspying – the indictment of several PLA members for breaking into US computers to steal commercial information. Our guest for the day, Shane Harris, is ideally suited to analyze the case…. Continue Reading

Steptoe Cyberlaw Podcast – Interview with Chris Painter

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

This episode of the Steptoe Cyberlaw Podcast features an interview with Chris Painter, the State Department’s Coordinator for Cyber Issues.  Chris had a long and distinguished career at the Justice Department and the White House before joining State.  Our interview ranges widely.  Are there really norms in cyberconflict, and should the US really encourage the… Continue Reading

Is Snowden a Spy?

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

That’s the possibility raised by Edward Jay Epstein in a (paywalled) Wall Street Journal op-ed.  Epstein offers some new evidence for his theory.  In particular he says that NSA investigators now know that Snowden’s tactics included breaking into two dozen compartments using forged or stolen passwords.  Once there, Snowden loosed an automated “spider” with instructions… Continue Reading

Steptoe Cyberlaw Podcast – An Interview with Brian Krebs

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

This week’s podcast features Brian Krebs, the noted security researcher behind Krebs on Security.  Brian comments on the week’s news before giving us an interview on the latest in Russian cybercrime.  We talk about why Microsoft is still patching XP – and why that probably gives its lawyers heartburn.  Brian unpacks Covert Redirection, the latest… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Elana Broitman and Shawn Cooley

Posted in Cybersecurity and Cyberwar, International, Security Programs & Policies

We begin the podcast with This week in NSA, but how long that feature will survive is in doubt.  Because what’s most newsworthy this week is that there was practically no news about NSA.  Or at least no new scandal stories.  The principal new release came from the US government and consisted of a FISA… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Alex Joel

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

Our guest for Episode 16 of the Steptoe Cyberlaw Podcast is Alex Joel, and he gets plenty of tough questions: Is it a violation of the new Obama administration policy directive for the intelligence community to look for evidence that Vladimir Putin is gay?  How did DNI Clapper manage to make his fateful misrepresentation to… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Daniel Sutherland

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

In this week’s episode, we explore the latest FOIA tussle between the FBI and ACLU over NSA and the dog-bites-man story of Larry Klayman losing another long-shot appeal. This Week in NSA focuses on the Bloomberg story claiming that the agency is exploiting the Heartbleed flaw. Kudos to NSA for managing to persuasively deny the… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Benjamin Wittes

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

This week’s podcast features a conversation with none other than Lawfare’s own Ben Wittes. But it begins as usual with This Week in NSA: A Reuters story claims that researchers showed something bad about the way NSA influenced the Dual EC encryption standard.  The story glided insouciantly over two of the more newsworthy aspects of… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Michael Allen

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

Our special guest this week is Michael Allen, former Majority Staff Director of the House intelligence committee.  Mike is the founder of Beacon Global Strategies and the author of Blinking Red, the story of the creation of the Director of National Intelligence. We drag him into the program from the beginning, getting his take on… Continue Reading

Debating Snowden

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

For some reason, debates about Snowden are thick on the ground these days, and I’ve joined a couple of them. The most fun was the Oxford Union, which has been preparing future Parliamentarians (and Prime Ministers) all around the British Commonwealth since 1823. The Oxford Union debate was “This House would call Edward Snowden a… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Jim Lewis

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

This week’s cyberlaw podcast begins as always with the week in NSA. We suspect that a second tech exec meeting with the President (for two hours!) bodes ill for the intelligence community, or at least the 215 metadata program, as does the shifting position of usually stalwart NSA supporters like Dianne Feinstein and Dutch Ruppersberger…. Continue Reading

Steptoe Cyberlaw Podcast – Interview with Dan Novack

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

This week’s podcast covers the latest on NSA.  We mock EFF overriding one of the privacy protections in NSA’s metadata program by killing the 5-year retention limit.  We puzzle over the New York Times story on “raw take.”  What exactly is the news there?  We also ask whether NSA and the telcos will end up… Continue Reading