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Steptoe Cyberblog

Category Archives: Data Breach

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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

“Groundhog Day” for Data Breaches

Posted in Data Breach, Security Programs & Policies

Here we go again.  A prominent company suffers a data breach.  The company publicly alerts its customers.  The company almost immediately finds itself the subject of inquiries from Congress and the target of investigations by regulators.  Before long, class action lawyers will crank out complaints as if they’re Mad Libs, filling in the name of… 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

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

Steptoe Cyberlaw Podcast – Interview with Adam Sedgewick

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

In our ninth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss: This week in NSA/Snowden: NSA weighs options for 215 data and the Office of the Director of National Intelligence will not disclose the study of storage options; GCHQ’s webcam captures; Canadian extradition flap; ABA President sends letter to… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Ed Stroz

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

In our eighth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein and guest commentators Stephen Heifetz and Stephanie Roy discuss: This week in NSA/Snowden: Law Firm Surveillance Report Cited in Legal Challenge and Report: American law firm’s communications spied on; Merkel Backs Plan to Keep European Data in Europe and EU… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Steve Chabinsky

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

In our seventh episode of the Steptoe Cyberlaw Podcast, Jason Weinstein discusses: This week in NSA: Clapper says Snowden exploited perfect storm of security lapses/Snowden swiped password from NSA coworker; FISA Court backs Pres. Obama’s changes to phone metadata program/government seeking info about private sector’s ability to hold the data; Rand Paul sues Pres. Obama… Continue Reading

Steptoe Cyberlaw Podcast – Interview with John Rizzo

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

In our sixth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss: This Week in NSA: Transparency reports disclose Foreign Intelligence Surveillance orders and telephony metadata program is not tracking as much as previously thought Target breach update: hackers got in through HVAC contractor and Senate Judiciary Committee hearing and… Continue Reading

Cyberlaw Podcast – Interview with Ellen Nakashima

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

In our fifth episode of the Steptoe Cyberlaw Podcast, Michael Vatis and Jason Weinstein discuss: Potential talks between the US and Snowden if he pleads guilty Senator Leahy’s view of Privacy and Civil Liberties Oversight Board; calls for end to 215 program during Senate hearing with AG; cyber researchers also call for end to program… Continue Reading

Another Takeaway from TARGET: Are you being targeted through your vendors?

Posted in Data Breach, Security Programs & Policies

Yesterday TARGET announced that the hackers who committed the breach that has potentially affected as many as 110 million customers gained access to its systems through one of its vendors. Although the details are still emerging as the forensic investigation continues, this early report is a reminder that your vendors can be a potential source… Continue Reading

Is the Congressional Response to the Target Breach Off-Target?

Posted in Data Breach, Security Programs & Policies

In the aftermath of the TARGET breach announced last month, there has been much talk of how to respond to large-scale breaches of this type.  Lawmakers are eager to write legislation to increase the FTC’s enforcement powers and create a national breach notification standard.  But if the congressional response focuses entirely on breach notification and… Continue Reading

Hackback Backers’ Comeback?

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

The US-China Economic and Security Review Commission has issued its annual report. It reminds us that, while press and privacy campaigners have been hyperventilating over US intelligence programs, there are, you know, actual authoritarian governments at work in the United States — breaking into the networks of activists whom they dislike, newspapers whose sources they… Continue Reading

EU Data Protection – The Inconvenient Truth

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

In the wake of the leaks about the NSA’s PRISM program and domestic data collection activities, EU officials have, quite predictably, raised alarms that the NSA’s programs pose a grave threat to the privacy of EU citizens. In recent days, European Parliament members have been quoted as calling the NSA programs “shocking” and tantamount to… Continue Reading

Lessons From the New York ATM Heist

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

The announcement yesterday of charges in New York against eight members of a cybercrime ring that stole $40 million from ATMs in 24 countries, all within 10 hours, is the latest in a series of episodes that illustrate the constant threat of cyber attacks against our corporate networks. This case should be a wake-up call… Continue Reading

Hacking Hollywood

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

That might sound like breaking news from 1983, but this time we’re not talking movie plots, we’re talking business. Specifically how Chinese cyberespionage could affect Hollywood’s bottom line. The Hollywood Reporter asked me to talk about that impact in a guest column, out this week. Here’s some of what I said: Hollywood might be blinded… Continue Reading