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Category Archives: Cybersecurity and Cyberwar

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Steptoe Cyberlaw Podcast – Interview with Robert Litt

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

Our guest this week is Robert (Bob) Litt, the General Counsel of the Office of the Director of National Intelligence.  Bob has had a distinguished career in government, from his clerkship with Justice Stewart, his time as a prosecutor in the Southern District of New York and at Main Justice, and more than five years… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Tom Finan

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

Our guest today is Tom Finan, Senior Cybersecurity Strategist and Counsel at DHS’s National Protection and Programs Directorate (NPPD), where he is currently working on policy issues related to cybersecurity insurance and cybersecurity legislation.  Marc Frey asks him why DHS, specifically NPPD, is interested in cybersecurity insurance, what trends they are seeing in this space for… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Shaun Waterman

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

Our guest for the podcast is Shaun Waterman, editor of POLITICO Pro Cybersecurity.  Shaun is an award-winning journalist who has worked for the BBC and United Press International; and an expert on counterterrorism and cybersecurity. We begin as usual with the week’s NSA news.  NSA has released its second privacy transparency report.  We’ve invited Becky… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Rob Corbet

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

Our guest today is Rob Corbet, a partner and head of the Technology & Innovation group in Arthur Cox, a large Irish law firm.  Ireland is a uniquely important jurisdiction for US companies dealing with data protection issue.  I ask whether Ireland’s role is going to become more or less powerful under the proposed revision, … Continue Reading

Steptoe Cyberlaw Podcast – Interview with Admiral David Simpson

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

Our guest today is Admiral David Simpson, Chief of the FCC’s Public Safety and Homeland Security Bureau.  Admiral Simpson has more than 20 years of Information and Communications Technology experience supporting the Department of Defense.  Adm. Simpson is joined by Clete Johnson, his Chief Counsel for Cybersecurity.  The interview digs deep into Chairman Wheeler’s cybersecurity… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Julian Sanchez

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

For those who think the podcast is best when we have a guest from the opposite end of the political spectrum, episode 35 should be a treat.  (We’re late this week, but it will be well worth the wait.)  Our guest is Julian Sanchez, a senior fellow at the Cato Institute who studies surveillance and… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Phyllis Schneck

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

Our guest this week is Dr. Phyllis Schneck, the Deputy Undersecretary for Cybersecurity for the Department of Homeland Security’s National Protection and Programs Directorate (NPPD).  She and Marc Frey, Senior Director in Steptoe’s DC office and former Chief of Staff at DHS’s Office of Policy Development, discuss the status of cybersecurity legislation and DHS’s highest… 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 Orin Kerr, professor of law at George Washington University and well-known scholar in computer crime law and Internet surveillance.  Orin is our second return guest, and he demonstrates why, opining authoritatively on the future of NSA’s 215 program and the “mosaic” theory of fourth amendment privacy as well as joining… Continue Reading

Steptoe Cyberlaw Podcast – Interview with David Hoffman

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

We’re back!  After a much needed hiatus, during which we shared wilderness paths with bison, woke up to wolf cries, and celebrated the value of ibuprofen, the Steptoe Cyberlaw Podcast is back on the net. The hiatus allows us to cover this month in NSA, which is a good thing, because the Snowden News Machine… Continue Reading

Steptoe Cyberlaw Podcast – Debate with Harley Geiger

Posted in Cybersecurity and Cyberwar, Security Programs & Policies

The Steptoe Cyberlaw Podcast is on hiatus in August, but we’ve brought it back for a special appearance – a debate over Senator Leahy’s version of the USA Freedom Act sponsored by the Federalist Society.  Moderated by Christian Corrigan, the debate pitted me against Harley Geiger, Senior Counsel and Deputy Director for the Freedom, Security… Continue Reading

As Evidence Mounts, It’s Getting Harder to Defend Edward Snowden

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

The evidence is mounting that Edward Snowden and his journalist allies have helped al Qaeda improve their security against NSA surveillance.  In May, Recorded Future, a predictive analytics web intelligence firm, published a persuasive timeline showing that Snowden’s revelations about NSA’s capabilities were followed quickly by a burst of new, robust encryption tools from al… 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

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