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Steptoe Cyberblog

Tag Archives: national security

Steptoe Cyberlaw Podcast – Interview with Davis Hake and Nico Sell

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

Episode 145:  What Donald Trump and “Occupy Wall Street” have in common We interview two contributors to CSIS’s Cybersecurity Agenda for the 45th President.  Considering the track record of the last three Presidents, it’s hard to be optimistic, but Davis Hake and Nico Sell offer a timely look at some of the most pressing policy… 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 Kiersten Todt

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

Too busy to read the 100-page Presidential Commission on Enhancing National Security report on what the next administration should do about cybersecurity?  No worries.  Episode 142 features a surprisingly contentious but highly informative dialog about the report with Kiersten Todt, the commission’s executive director. In the news, Lindsey Graham, John McCain, and a host 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 Frank Cilluffo

Posted in Cybersecurity and Cyberwar, Data Breach

The episode features a vigorous and friendly debate between me and Frank Cilluffo over his Center’s report on active defense, titled “Into the Gray Zone.”  It’s a long and detailed analysis by the Center for Homeland and Cyber Security at GW University.  My fear: the report creates gray zones for computer defense that should not… 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

Time to Get Serious About Europe’s Sabotage of US Terror Intelligence Programs

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

The intelligence tools that protect us from terrorism are under attack, and from an unlikely quarter. Europe, which depends on America’s intelligence reach to fend off terrorists, has embarked on a path that will sabotage some of our most important intelligence capabilities. This crisis has been a long time brewing, and up to now, the… Continue Reading

OFAC Issues Cyber-Related Sanctions Regulations

Posted in Cybersecurity and Cyberwar, Security Programs & Policies

On December 31, 2015, the US Treasury Department, Office of Foreign Assets Control (OFAC) issued the Cyber-Related Sanctions Regulations (CRSR), 31 C.F.R. Part 578.  The CRSR formally implement the sanctions set forth in Executive Order (EO) 13694 of April 1, 2015, which authorizes sanctions against persons involved in malicious “cyber-enabled” activities, and are effective immediately. Read… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Ellen Nakashima and Tony Cole

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

Did China’s PLA really stop hacking US companies for commercial secrets? And does it matter? In episode 92, we ask those questions and more of two experts on the topic ‒ Washington Post reporter Ellen Nakashima, who has broken many stories on PLA hacking, and Tony Cole, the Global Government CTO with FireEye, who has… Continue Reading

Steptoe Cyberlaw Podcast – Atlantic Council Panel

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

Bonus Episode 78:  Dmitri Alperovitch, Harvey Rishikof, Stewart Baker, and Melanie Teplinsky debate whether the United States should start doing commercial espionage I know, I know, we promised that the Cyberlaw Podcast would go on hiatus for the month of August.  But we also hinted that there might be a bonus episode.  And here it… Continue Reading

Steptoe Cyberlaw Podcast – Debate with Harley Geiger

Posted in Cybersecurity and Cyberwar, Security Programs & Policies

The Steptoe Cyberlaw Podcast is on hiatus in August, but we’ve brought it back for a special appearance – a debate over Senator Leahy’s version of the USA Freedom Act sponsored by the Federalist Society.  Moderated by Christian Corrigan, the debate pitted me against Harley Geiger, Senior Counsel and Deputy Director for the Freedom, Security… Continue Reading

9/11 Commission Gingerly Embraces “Direct Action” Against Hackers

Posted in Cybersecurity and Cyberwar, Security Programs & Policies

I’ve long been an advocate for fewer restraints on how the private sector responds to hacking attacks.  If the government can’t stop and can’t punish such attacks, in my view the least it could do is not threaten the victims with felony prosecution for taking reasonable measures in self-defense.  I debated the topic with co-blogger… Continue Reading

Is Snowden a Spy?

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

That’s the possibility raised by Edward Jay Epstein in a (paywalled) Wall Street Journal op-ed.  Epstein offers some new evidence for his theory.  In particular he says that NSA investigators now know that Snowden’s tactics included breaking into two dozen compartments using forged or stolen passwords.  Once there, Snowden loosed an automated “spider” with instructions… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Elana Broitman and Shawn Cooley

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

We begin the podcast with This week in NSA, but how long that feature will survive is in doubt.  Because what’s most newsworthy this week is that there was practically no news about NSA.  Or at least no new scandal stories.  The principal new release came from the US government and consisted of a FISA… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Daniel Sutherland

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

In this week’s episode, we explore the latest FOIA tussle between the FBI and ACLU over NSA and the dog-bites-man story of Larry Klayman losing another long-shot appeal. This Week in NSA focuses on the Bloomberg story claiming that the agency is exploiting the Heartbleed flaw. Kudos to NSA for managing to persuasively deny the… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Benjamin Wittes

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

This week’s podcast features a conversation with none other than Lawfare’s own Ben Wittes. But it begins as usual with This Week in NSA: A Reuters story claims that researchers showed something bad about the way NSA influenced the Dual EC encryption standard.  The story glided insouciantly over two of the more newsworthy aspects of… Continue Reading

Debating Snowden

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

For some reason, debates about Snowden are thick on the ground these days, and I’ve joined a couple of them. The most fun was the Oxford Union, which has been preparing future Parliamentarians (and Prime Ministers) all around the British Commonwealth since 1823. The Oxford Union debate was “This House would call Edward Snowden a… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Jim Lewis

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

This week’s cyberlaw podcast begins as always with the week in NSA. We suspect that a second tech exec meeting with the President (for two hours!) bodes ill for the intelligence community, or at least the 215 metadata program, as does the shifting position of usually stalwart NSA supporters like Dianne Feinstein and Dutch Ruppersberger…. Continue Reading

Steptoe Cyberlaw Podcast – Interview with Dan Novack

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

This week’s podcast covers the latest on NSA.  We mock EFF overriding one of the privacy protections in NSA’s metadata program by killing the 5-year retention limit.  We puzzle over the New York Times story on “raw take.”  What exactly is the news there?  We also ask whether NSA and the telcos will end up… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Adam Sedgewick

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

In our ninth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss: This week in NSA/Snowden: NSA weighs options for 215 data and the Office of the Director of National Intelligence will not disclose the study of storage options; GCHQ’s webcam captures; Canadian extradition flap; ABA President sends letter to… Continue Reading

Time for a change in the cybersecurity paradigm

Posted in Cybersecurity and Cyberwar, Security Programs & Policies

Earlier today the Wall Street Journal’s Risk and Compliance Journal published an interview with me and Steve Chabinsky from Crowdstrike about cybersecurity. In the interview, Steve and I make the case that the current paradigm for protecting companies against cyberattacks isn’t working, and that fixing it involves focusing on aligning private sector and government resources… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Ed Stroz

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

In our eighth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein and guest commentators Stephen Heifetz and Stephanie Roy discuss: This week in NSA/Snowden: Law Firm Surveillance Report Cited in Legal Challenge and Report: American law firm’s communications spied on; Merkel Backs Plan to Keep European Data in Europe and EU… Continue Reading

Cyberlaw Podcast – Interview with Ellen Nakashima

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

In our fifth episode of the Steptoe Cyberlaw Podcast, Michael Vatis and Jason Weinstein discuss: Potential talks between the US and Snowden if he pleads guilty Senator Leahy’s view of Privacy and Civil Liberties Oversight Board; calls for end to 215 program during Senate hearing with AG; cyber researchers also call for end to program… Continue Reading