April 2014

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

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

We used to talk about the “borderless” environment of the Internet.  These days, that view is looking increasingly outmoded and utopian, in large part because of the intersection of law enforcement and privacy concerns.  Steady increases in regulation (and enforcement of existing regulation) in these areas is increasingly prompting two types of responses by global

Depending on the new Commission’s level of ambition when it takes office in the Autumn, this week’s European Court of Justice preliminary ruling (Cases C-293/12 and C-594/12), which found a 2006 Directive invalid, could prove an opportunity to re-think the EU approach to privacy and protecting personal data.

When we think about the EU and

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

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

Last week the IRS announced that Bitcoin would be treated as property, rather than currency, for tax purposes.  That means the virtual currency will be subject to very real capital gains taxes when used to make purchases.  So is this good or bad for Bitcoin?  Well, that depends on whether you view the glass on

Our special guest this week is Michael Allen, former Majority Staff Director of the House intelligence committee.  Mike is the founder of Beacon Global Strategies and the author of Blinking Red, the story of the creation of the Director of National Intelligence.

We drag him into the program from the beginning, getting his