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Category Archives: Privacy Regulation

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Steptoe Cyberlaw Podcast — News Roundup with Julian Sanchez and Gus Hurwitz

Posted in Cybersecurity and Cyberwar, International, Privacy Regulation

Episode 160: News Roundup with Julian Sanchez and Gus Hurwitz This week the podcast features an extended news roundup with two guest commentators – Julian Sanchez of the Cato Institute and Gus Hurwitz of Nebraska Law School. We talk about the latest, mostly overhyped, Shadowbrokers dump, and whether Google Translate can be taught to render… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Nicholas Weaver

Posted in Data Breach, International, Privacy Regulation

Episode 159: Interview with Nicholas Weaver Our guest interview is with Nick Weaver, of Berkeley’s International Computer Science Institute.  It covers the latest dumps of hacker tools, the vulnerability equities process, the so-bad-you-want-to-cover-your-eyes story of Juniper and the Dual_EC hacks, and ends with a tour of recent computer security disasters, from the capture of a… Continue Reading

Steptoe Cyberlaw Podcast – Triple Entente Beer Summit III

Posted in International, Privacy Regulation, Security Programs & Policies

Episode 158 is a bonus episode – the Triple Entente Beer Summit, where members of the Steptoe Cyberlaw Podcast, the Lawfare Podcast, and the Rational Security Podcast assemble over beer to comment on the events of the week – or in this case, the day, since it was among the most news-filled days of President… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Joshua Corman and Justine Bone

Posted in Privacy Regulation, Security Programs & Policies

Episode 157 digs into the security of the medical internet of things.  Which, we discover, could be described more often than we’d like as an internet of things that want to kill us.  Joshua Corman of the Atlantic Council and Justine Bone, CEO of MedSec, talk about the culture clash that has made medical cybersecurity… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Matt Tait

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

Episode 153:  Fancy Bear, Cozy Bear, and … Sneaky Bear? In this episode, Matt Tait, aka @PwnAllTheThings, takes us on a tour of Russia’s cyberoperations.  Ever wonder why there are three big Russian intel agencies but only two that have nicknames in cybersecurity research?  Matt has the answer to this and all your other Russian… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Jason Healey

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

149:  Thigh-high boots and defense dominance Our guest for episode 149 of the podcast is Jason Healey, whose Atlantic Council paper, “A Nonstate Strategy for Saving Cyberspace,” advocates for an explicit bias toward cyber defense and the private sector.  He responds well to my skeptical questioning, and even my suggestion that his vision of “defense… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Corin Stone

Posted in Cybersecurity and Cyberwar, International, Privacy Regulation

Our guest for episode 148 of the podcast is Corin Stone, the Executive Director of the National Security Agency.  Corin handles some tough questions – should the new team dump PPD-28, how is morale at the agency after the Snowden and Shadowbroker leaks, and will fully separating Cyber Command from NSA mean new turf fights? … Continue Reading

Steptoe Cyberlaw Podcast – Interview with Jack Goldsmith

Posted in Cybersecurity and Cyberwar, International, Privacy Regulation

147: Introducing the Herman Kahn of Cyberspace Our guest interview is with Jack Goldsmith, Shattuck Professor of Law at Harvard and co-founder of Lawfare.  We explore his contrarian view of how to deal with Russian hacking, which leads to me praising (or defaming, take your pick) him as a Herman Kahn for cyberconflict.  Except what’s unthinkable… Continue Reading

Steptoe Cyberlaw Podcast – News Roundup

Posted in Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Uncategorized

Posse Comitatus: Latin for “Get off my turf”? Would it violate the Posse Comitatus Act to give DOD a bigger role in cybersecurity?  Michael Vatis and I call BS on the idea, which I ascribe to Trump Derangement Syndrome and Michael more charitably ascribes to a DOD-DHS turf fight. Should the FDA allow implants of… Continue Reading

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 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

Data Portability under EU GDPR: A Financial Services Perspective

Posted in International, Privacy Regulation

Philip Woolfson and I wrote an article for PL&B International about data portability, a new requirement of data protection law which will be introduced when the European Union General Data Protection Regulation (GDPR) applies on May 25, 2018.  Under this new regulation, data subjects have acquired a right to data portability (RDP). This article looks… Continue Reading

An EU General Data Protection Guide for the Insurance and Financial Services Sector

Posted in International, Privacy Regulation

To help prepare for the application of the European regulation on the protection of individuals with regard to the processing of personal data and on the free movement (the EU General Data Protection Regulation or GDPR), which will enter into force on May 25, 2018, Guy Soussan, Philip Woolfson, and I authored a commentary on the GDPR… 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 – 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 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 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