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Category Archives: Data Breach

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Steptoe Cyberlaw Podcast – Interview with Scott Charney

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

We ask Rihanna to sum up the latest US-EU agreement: And that’s when you need me there With you I’ll always share … You can stand under my umbrella RiRi’s got the theory right:  The Umbrella Agreement was supposed to make sure the US and EU would always share law enforcement data.  But when the… Continue Reading

Steptoe Cyberlaw Podcast – Interview with John Markoff

Posted in Cybersecurity and Cyberwar, Data Breach

The Autonomous Weapon Who Went to the Beach Episode 140 features long-time New York Times reporter, John Markoff, on the past and future of artificial intelligence and its ideological converse – the effort to make machines that augment rather than replace human beings.  Our conversation covers everything from robots, autonomous weapons, and Siri to hippie… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Paul Rosenzweig and Shane Harris

Posted in China, Cybersecurity and Cyberwar, Data Breach, Privacy Regulation

We couldn’t resist.  This week’s topic is of course President-elect Trump and what his election could mean for All Things Cyber.  It features noted cybercommentator Paul Rosenzweig and Daily Beast reporter Shane Harris.  In the news, we’re reminded of the old Wall Street saying that bulls and bears can both make money in the market… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Frank Cilluffo

Posted in Cybersecurity and Cyberwar, Data Breach

The episode features a vigorous and friendly debate between me and Frank Cilluffo over his Center’s report on active defense, titled “Into the Gray Zone.”  It’s a long and detailed analysis by the Center for Homeland and Cyber Security at GW University.  My fear: the report creates gray zones for computer defense that should not… Continue Reading

Steptoe Cyberlaw Podcast – Interview with John Carlin

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

John Carlin leaves Justice:  We give him the good news and the bad news. Episode 134 features John Carlin’s swan song as assistant attorney general for national security.  We review the highs and lows of his tenure from a cybersecurity point of view and then look to the future, including how the US should respond… Continue Reading

Steptoe Cyberlaw Podcast – The Grugq

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

(Groucho) Marxism and Red Lines in Cyberspace In episode 133, our guest is The Grugq, famous in hacker circles but less so among Washington policymakers.  We talk about the arrest of an NSA employee for taking malware and other classified materials home, the Shadow Broker leak of Equation Group tools, and the Grugq’s view that… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Ellen Nakashima

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

In episode 132, our threepeat guest is Ellen Nakashima, star cyber reporter for the Washington Post.  Markham Erickson and I talk to her about Vladimir Putin’s endless appetite for identifying ‒ and crossing ‒ American red lines, the costs and benefits of separating NSA from Cyber Command, and the chances of a pardon for Edward… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Matt Cutts and Lisa Wiswell

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

A record-setting insecurity week. Our interview in episode 131 is with Matt Cutts and Lisa Wiswell from the Pentagon’s Defense Digital Service.  Matt joined the Digital Service from Google where he authored their SafeSearch content filter.  Lisa is a bureaucracy hacker with the Defense Digital Service and previously spent years working on cyber-warfare in DOD’s… Continue Reading

Steptoe Cyberlaw Podcast – News Round-Up

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

In a law-heavy news roundup, Katie Cassel and I talk about New York’s dangerously prescriptive cybersecurity regs for banks and insurers. Maury Shenk and I uncover the seamy industrial politics behind the EU’s latest copyright and telecom proposals.  The Sixth Circuit deepens a circuit split over standing and how much injury it takes to support… Continue Reading

Steptoe Cyberlaw Podcast – News Round-up with Phil West

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

Ironman meets the Antideficiency Act In episode 129, Alan Cohn and I dive deep on the Government Oversight committee’s predictably depressing and unpredictably entertaining report on the OPM hack. Cheeky Chinese hackers register their control sites to superhero alter egos.  And poor, patriotic Cytech finds an intruder during a sales demo, rushes to provide support… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Scott DePasquale

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

The podcast is back with a bang from hiatus. Our guest, Scott DePasquale, is the CEO of Utilidata, an electric utility IoT and cybersecurity company. Scott talks about his contribution to the Internet Security Alliance’s upcoming book, The Cyber Security Social Contract. Episode 128 also brings you a news roundup from the most momentous August… Continue Reading

Steptoe Cyberlaw Podcast – Bonus Episode – Interview with Charles Allen and John McLaughlin

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

127: Vlad’s Cojones I know we promised to take August off, but I was inspired by the flap over the DNC hack and the fact that I’m at the Aspen Homeland Security Working Group meeting in Colorado. I waylaid two former intelligence community members on the Aspen campus and asked for their views on the… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Ed Hammersla and Brian White

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

Episode 126 – The podcast goes to the conventions If Vladimir Putin can do it, so can we. This week the podcast dives deep into the US presidential campaign. I of course talk with Maury Shenk about evidence that the Russians are behind “Guccifer 2.0” and the DNC data leak – aided by a Wikileaks… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Jeremy and Ariel Rabkin

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

In the news roundup, Michael Vatis covers Microsoft’s surprising Second Circuit victory over the Justice Department in litigation over a warrant for data stored in Ireland.  The hidden issue in that case was data localization – the same issue driving the Justice Department’s new legislative proposal to allow foreign nations to obtain information from US… Continue Reading

Steptoe Cyberlaw Podcast – News Round-Up

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

Edward Snowden criticizes Russia’s mass surveillance law, and a Russian official retaliates by outing him ‒ as a Russian intelligence source.  Silent Circle, the phone company that built its marketing on fear and loathing of the NSA, is nearing bankruptcy. And members of the dominant European Parliament faction are asking the Commission, “Hey! How come… Continue Reading

Steptoe Cyberlaw Podcast – News Round-Up with Paul Rosenzweig

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

European hypocrisy on data protection is a lot like the weather.  Everyone complains about it but no one does anything about it.  Until today. In episode 120, we announce the launch of the Europocrisy Prize.  With the support of TechFreedom, we’re seeking tax deductible donations for a prize designed to encourage the proliferation of Schrems-style litigation,… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Kevin Kelly

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

Our guest for episode 119 is Kevin Kelly, founding executive editor of Wired Magazine and author of The Inevitable: Understanding the 12 Technological Forces that will Shape our Future.  Kevin and I share many views – from skepticism about the recording industry’s effort to control their digital files to a similar skepticism about EFF’s effort… 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

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;… Continue Reading