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Steptoe Cyberblog

Tag Archives: EU

The Cyberlaw Podcast – Interview with Michael Mainelli

Posted in Blockchain, European Union, International, Virtual Currency

Episode 177: We’re back! In Episode 177, fresh from hiatus, we try to summarize the most interesting cyber stories to break in August. Paul Rosenzweig kicks things off with the Shunning of Kaspersky.  I argue that the most significant – though unsupported – claim about Kaspersky is Sen. Shaheen’s assertion that all of the company’s… Continue Reading

Steptoe Cyberlaw Podcast – Interview with David Aitel

Posted in Data Breach, International

Episode 176: Governments to Internet: STFU Everybody’s a critic, and everybody’s a censor, at least if you judge by today’s episode: Maury Shenk tells us the European Court of Justice will soon rule on its authority to censor what Americans read. Markham Erickson discusses the Ninth Circuit decision upholding national security letter gag orders. And Maury says… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Jim Miller

Posted in Cybersecurity and Cyberwar, International

In this episode, we interview Jim Miller, co-chair of a Defense Science Board panel that reported on how the US is postured for cyberconflict and the importance of deterrence. The short answer: deterring cyberconflict is important because our strategic cyberconflict posture sucks. The DSB report is thoughtful, detailed, and troubling. Jim Miller manages to convey… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Ellen Nakashima

Posted in Data Breach, International, Security Programs & Policies

Episode 171.  Implants in the Kremlin’s Snack Machines? Our guest, Ellen Nakashima, was coauthor of a Washington Post article that truly is a first draft of history, though not a chapter the Obama administration is likely to be proud of.  She and Greg Miller and Adam Entous chronicle the story of Russia’s information operations attack… Continue Reading

Steptoe Cyberlaw Podcast – Interview with David Sanger

Posted in China, Cybersecurity and Cyberwar, International, Privacy Regulation, Uncategorized

168: Globalizing Censorship Episode 168 features the Tinkers-to-Evers-to-Chance of global censorship, as Filipino contractors earning minimum wage delete posts in order to satisfy US tech companies who are trying to satisfy European governments.  In addition to Maury Shenk, our panel of interlocutors includes David Sanger, Chief Washington Correspondent for the New York Times, and Karen… Continue Reading

Steptoe Cyberlaw Podcast – News Roundup

Posted in China, Cybersecurity and Cyberwar, International

Episode 165 is a WannaCry Festivus celebration, as The Airing of Grievances overtakes The Patching of Old Machines. Michael Vatis joins me in identifying all the entities who’ve been blamed for WannaCry, starting with Microsoft for not patching Windows XP until after the damage was done.  (We exonerate Microsoft on that count.) Another candidate for… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Tim Maurer

Posted in Data Breach, International, Security Programs & Policies

Episode 164: Stewart on the Road to Tarsus Episode 164 features Stewart Baker’s startling change of heart on the question of cyberspace norms. Credit goes to our interview guest, Tim Maurer, Fellow and co-director of the Cyber Policy Initiative at the Carnegie Endowment for International Peace. And perhaps as well to Brian Egan, former Legal… Continue Reading

Steptoe Cyberlaw Podcast — News Roundup

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

Episode 161: News Roundup In this episode, Alan Cohn and Maury Shenk look at questions in Europe and elsewhere in Stewart’s absence.  Maury delves into why Google was ordered to turn over foreign data accessible from US, a decision that seems at odds with the Microsoft Ireland case.  Alan considers claims made by David Sanger… Continue Reading

Steptoe Cyberlaw Podcast – Debate with Greg Nojeim and Jamil Jaffer

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

155: Debating Hackback Episode 155 of the podcast offers something new:  equal time for opposing views.  Well, sort of, anyway.  In place of our usual interview, we’re running a debate over hacking back that CSIS sponsored last week.  I argue that US companies should be allowed to hack back; I’m opposed by Greg Nojeim, Senior… Continue Reading

Steptoe Cyberlaw Podcast – News Roundup with Paul Rosenzweig

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

Episode 152: “Alexa, do you have first amendment rights?” Our guest for episode 152 is Paul Rosenzweig, and we tour the horizon with him. In the news roundup, Stephanie Roy outlines the deregulatory tangle around ISPs, privacy, security, and the FCC.  Maury Shenk briefs us on the European legislation authorizing the quashing of terrorist advocacy… Continue Reading

2017 Global Cybersecurity Policy: Challenges & Highlights

Posted in Cybersecurity and Cyberwar, International

The growing dependence of states and societies on ICT systems means they face a higher risk of cyberattacks. Increasingly sophisticated hacking attacks target not only individual people and companies, but also highly developed countries. Although cyberattacks can have disastrous consequences, research shows that we still miss the mark in preparedness. Acknowledging the magnitude of the risk, global… 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 – News Roundup

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

We start 2017 the way we ended 2016, mocking the left/lib bias of stories about intercept law.  Remember the European Court of Justice decision that undermined the UK’s new Investigatory Powers Act and struck down bulk data retention laws around Europe?  Yeah, well, not so much.  Maury Shenk walks us through the decision and explains… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Matthew Green

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

Vlad’s Botox Fresh off a redeye from Israel, I interview Matthew Green of the Johns Hopkins Information Security Institute.  Security news from the internet of things grows ever grimmer, we agree, but I get off the bus when Matt and the EFF try to solve the problem with free speech law. In the news roundup,… 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 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

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 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