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Category Archives: Security Programs & Policies

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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

Three Recent Cybersecurity and Information Systems Management Rules Impact Government Contractors

Posted in Cybersecurity and Cyberwar, Security Programs & Policies

In the last two months, the federal government has issued a number of cybersecurity-related regulations that are or will be directly or indirectly applicable to a wide range of federal contractors and subcontractors, and more rules are expected. The three recent rules discussed here on controlled unclassified information, defense industrial base cyber reporting, and network… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Jonathan Zittrain

Posted in Cybersecurity and Cyberwar, Security Programs & Policies

Jonathan Zittrain, who holds a surfeit of titles at Harvard, is our guest for episode 136.  Among other topics, we explore the implications of routine doxing of political adversaries.  Along the way I extract kind words from Jonathan for Sarah Palin and welcome him to the club of those who think mass doxxers are evil punks. … Continue Reading

EU to Update Export Control Regime and Controls on Cybertechnology

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

On September 28, 2015 the European Commission (the Commission) released its proposal to “modernize and strengthen” the European Union’s (EU) dual-use export control regime as laid out by Regulation (EC) No. 428/2009 (the Regulation).  As Steptoe has previously advised, a version of the Commission’s proposal was leaked in July, prompting concern from industry and other… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Robert Silvers

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

Our guest for the episode is Rob Silvers, the assistant secretary for cybersecurity policy at DHS.  He talks about what the government can and should do about newly potent DDOS attacks and the related problem of the Internet of Things.  The only good news: insecure debrillators and pacemakers may kill you, but they haven’t yet been… 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 Ciaran Martin

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

This week’s podcast interview is with Ciaran Martin, the chief executive of the UK’s National Cyber Security Centre.  While the US political climate makes it implausible that the National Security Agency would be asked to head a nationwide cybersecurity center designed to work with the private sector, that’s exactly the job that the United Kingdom… 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

New “Insider Threat” Programs Required for Cleared Contractors

Posted in Security Programs & Policies

On May 18, 2016, the Department of Defense published “Change 2” to the National Industrial Security Program Operating Manual (NISPOM) that requires contractors to establish and maintain a program to detect, deter and mitigate insider threats by November 30, 2016.  Although cleared contractors are already obligated to protect classified information to which they have access,… 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 – 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

FAR Council Issues Rule on Basic Safeguarding of Covered Contractor Information Systems

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

On May 16, four years after issuing a proposed rule, the FAR Council issued a final cybersecurity-related rule that reaches deep into the supply chain and is applicable to virtually all government contractors and subcontractors.  The rule establishes a new FAR subpart 4.19 and a clause 52.204-21, both of which are entitled “Basic Safeguarding of Covered… Continue Reading