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Category Archives: International

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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 – Interview with Congressman Will Hurd (R-TX)

Posted in Cybersecurity and Cyberwar, International

What’s the difference between serving in Congress and spying in the back alleys of a Middle Eastern bazaar? Why not ask the one Congressman who’s done both – Rep. Will Hurd (R-TX). He also has cybersecurity chops from his career in industry, so he makes the perfect guest for episode 124a of the podcast. Just running through… Continue Reading

Steptoe Cyberlaw Podcast – News Round-Up

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

This week’s news roundup is dominated by the Ninth Circuit and the European Union. The EU parliament has approved the Privacy Shield that replaces the Safe Harbor. Michael Vatis, Alan Cohn and I ask whether companies should seek protection under what may prove to be a pretty leaky Shield. And the EU has approved cybersecurity… 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 – Interview with Fred Kaplan

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

Was Iran’s cyberattack that bricked vast numbers of Saudi Aramco computers justified by a similar attack on the National Iranian Oil Company a few months’ earlier?  Does NSA have the ability to “replay” and attribute North Korean attacks on companies like Sony? And how do the last six NSA directors stack up against each other? … Continue Reading

Steptoe Cyberlaw Podcast – Interview with Jamie Smith

Posted in Blockchain, International, Virtual Currency

With Stewart on vacation, the blockchain takes over the podcast! In episode 121, Jason Weinstein and Alan Cohn talk all things bitcoin, blockchain, and distributed ledger technology, and interview Jamie Smith, Global Chief Communications Officer for the BitFury Group, one of the largest full-service blockchain technology companies. In the news roundup, Alan led off with… 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

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 Patrick Henry, Dan Kaminsky, Kiran Raj, and Dr. Zulfikar Ramzan

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

No holds are barred as a freewheeling panel of cryptographers and security pros duke it out with me and the Justice Department over going dark, exceptional access, and the Apple-FBI conflict.  Among the combatants:  Patrick Henry, a notable cryptographer with experience at GCHQ, NSA, and the private sector; Dan Kaminsky, the Chief Scientist at White Ops;… 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

Steptoe Cyberlaw Podcast – Interview with Suzanne Spaulding

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

Just how sophisticated are the nations planning and carrying out cyberattacks on electric grids?  Very, is the short answer.   Our guest for episode 111, Suzanne Spaulding, DHS’s Under Secretary for the National Protection and Programs Directorate, lays out just how much planning and resources went into the attack on Ukraine’s grid, what it means for… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Susan Munro and Ying Huang

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

Steptoe recently held a client briefing in its Palo Alto office to update developments in the Chinese legal and regulatory that are impacting US technology companies operating in China.  I took advantage of the event to sneak in a quick discussion with Susan Munro and Ying Huang of Steptoe’s China practice, on how China is… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Nuala O’Connor

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

It’s an extended news roundup with plenty of debate between me and Nuala O’Connor, the President and CEO of the Center for Democracy and Technology (CDT).  We debate whether and how CDT should pay more attention to Chinese technology abuses and examine the EU ministers’ long list of privacy measures to be rolled back and… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Adam Segal

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

What kind of internet world order does China want, and will it succeed?  That’s the question we ask Adam Segal, Maurice R. Greenberg Senior Fellow at the Council on Foreign Relation and author of The Hacked World Order.  We review China’s surprising success at getting tech companies to help it build an authoritarian Internet –… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Robin Weisman and Peter Van Valkenburgh

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

Doing our best to avoid turning this into the Applelaw podcast, episode 105 begins with Maury Shenk unpacking the new US-EU Privacy Shield details.  His take: more hassles for companies accused of noncompliance, more detailed privacy disclosures and compliance obligations for most members, and a modicum of pain for the intelligence community, but it’s still… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Jim Lewis

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

Live from RSA, it’s episode 104, with special guest Jim Lewis, CSIS’s renowned cybersecurity expert and Steptoe’s own Alan Cohn.  We do an extended news roundup before an RSA audience that yields several good questions for the panel.  We had invited Bruce Sewell, Apple’s General Counsel, to participate, but he didn’t show.  So we felt… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Glenn Gerstell

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

What is the most surprising discovery a law firm partner makes when he jumps to the National Security Agency?  I direct that and other questions at Glenn Gerstell, who has just finished six months in the job as General Counsel at the National Security Agency. In the news roundup, we begin, of course, with the… Continue Reading

Steptoe Cyberlaw Podcast – Interview with David Kris

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

We devote episode 100 to “section 702” intelligence – the highly productive counterterrorism program that collects data on foreigners from data stored on US servers.  What’s remarkable about the program is its roots:  President Bush’s decision to ignore the clear language of FISA and implement collection without judicial approval.  That decision has now been ratified… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Amit Ashkenazi

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

Our guest is Amit Ashkenazi, whom I interviewed while in Israel.  Amit is Legal Advisor of The Israel National Cyber Bureau and a former general counsel to Israel’s data protection agency.  Israel is drafting its own cybersecurity act, and we discuss what if anything that country can learn from the US debate – and what… Continue Reading