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Category Archives: China

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Steptoe Cyberlaw Podcast – Interview with Paul Rosenzweig

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

Episode 60 of the Cyberlaw Podcast features Paul Rosenzweig, founder of Red Branch Consulting PLLC and Senior Advisor to The Chertoff Group.  Most importantly he was a superb Deputy Assistant Secretary for Policy in the Department of Homeland Security when I was Assistant Secretary. Paul discourses on the latest developments in ICANN, almost persuading me… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Richard Bejtlich

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

Richard Bejtlich is our guest for episode 59 of the Cyberlaw Podcast.  Richard is the Chief Security Strategist at FireEye, an adviser to Threat Stack, Sqrrl, and Critical Stack, and a fellow at Brookings.  We explore the significance of China’s recently publicized acknowledgment that it has a cyberwar strategy, FireEye’s disclosure of a gang using… Continue Reading

How Lawyers Can Deter the Cybertheft of Commercial Secrets

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

Cyberspies can’t count on anonymity any more. The United States (and the private security firm Mandiant) stripped a PLA espionage unit of its cover two years ago with a detailed description of the unit’s individual hackers; that report was followed by federal indictments of members of the unit that described them and their activities is… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Dr. Andy Ozment

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

In episode 58 of the Cyberlaw Podcast, our guest is Andy Ozment, who heads the DHS cybersecurity unit charged with helping improve cybersecurity in the private sector and the civilian agencies of the federal government.  We ask how his agency’s responsibilities differ from NSA’s and FBI’s, quote scripture to question his pronunciation of ISAO, dig… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Mike Rogers

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

This episode of the podcast features Rep. Mike Rogers, former chairman of the House intelligence committee, Doug Kantor, our expert on all things cyber in Congress, and Maury Shenk, calling in from London.  Mike Rogers is now a nationally syndicated radio host on Westwood One, a CNN national security commentator, and an adviser to Trident… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Siobhan Gorman

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

Our guest for Episode 56 of the Cyberlaw Podcast is Siobhan Gorman, who broke many of the top cybersecurity stories for the Wall Street Journal until she left late last year to join the Brunswick Group, which does crisis communications for private companies.  Siobhan comments on the flood of attribution stories in recent days, including… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Rebecca Richards

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

In this week’s episode, our guest is Rebecca Richards, NSA’s director of privacy and civil liberties.  We ask the tough questions:   Is her title an elaborate hoax or is she the busiest woman on the planet?  How long will it be before privacy groups blame the Seattle Seahawks’ loss on NSA’s policy of intercepting everything? … Continue Reading

Steptoe Cyberlaw Podcast – Interview with Jim Lewis

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

Our guest for the first podcast of 2015 is Jim Lewis, a senior fellow and director of the Strategic Technologies Program at CSIS, where he writes on technology, security, and the international economy. We try a new, slightly shorter format for 2015, with quick takes on a batch of headlines: Will fingerprint phone locks protect… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Shane Harris

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

Our interview focuses on Shane Harris and his new book, @War:  The Rise of the Military-Internet Complex.   It’s a good read and a good book, marred by the occasional deployment of easy lefty tropes – government contractors are mercenaries, the military sees war as an opportunity to expand turf, cybersecurity is a threat to privacy,… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Sal Stolfo

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

Our guest for episode 44 of the Steptoe Cyberlaw Podcast is Sal Stolfo, Professor at Columbia University’s Computer Science Department and CEO of Allure Software.  Stolfo brings an attacker’s sensibility to network security approaches usually dominated by defensive thinking.  His approach to computer security includes flooding the network with plausible fake documents wired to alarm when… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Ambassador Sepulveda

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

Our guest this week is Ambassador Daniel Sepulveda, the man charged with managing the US relationship with the International Telecommunications Union.  The ambassador helps us make sense of the recent ITU meeting in Busan, South Korea, where efforts to validate a greater government role in internet affairs seem to have been turned back for another… 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 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 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 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

China’s Use of Privacy Law Raises Questions for Privacy Advocates

Posted in China, International, Privacy Regulation

China seems to have found a reliable legal tool for suppressing dissent.  A prominent Chinese human rights lawyer, Pu Zhiqiang, has been arrested after a meeting in a private home to commemorate the 25th anniversary of the killings at Tiananmen Square.  The charge?  “Illegal access to the personal information of citizens,” a crime punishable by… 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 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

Tightening the Screws on Chinese Investment

Posted in China, International, Security Programs & Policies

The Committee on Foreign Investment in the United States, or CFIUS, reviews foreign investments for national security risks. It is now beyond doubt that Chinese investment is getting much closer scrutiny from CFIUS. A total of ten transactions failed to survive review in 2012, according to a just-released Treasury report. That may not sound like… 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

Using Attribution to Deter Cyberespionage

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

Foreign Policy has published my article on how attribution can be used to deter foreign governments’cyberespionage. Excerpts below: The Obama-Xi summit in Sunnylands ended without any Chinese concessions on cyber-espionage. This came as no surprise; cyber spying has been an indispensable accelerant for China’s military and economic rise. And though Beijing may someday agree that… Continue Reading

Support for Retribution and Active Defense Increases

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

Chinese hacking continues to build anger in American business and government circles. As a result, private companies may be encouraged to do more than passively defend their networks as evidenced by the recent report of a commission headed by two Obama appointees, former US Ambassador to China (and minor GOP Presidential candidate) Jon Huntsman and… Continue Reading