May 2014

Our podcast this week unpacks the European Court of Justice ruling on the right to be forgotten.  We interview Peter Schaar, a proponent of the right to be forgotten and an eminent former data protection chief.  From 2003 to 2013 Peter was the Federal Commissioner for Data Protection and Freedom of Information.  He is

For the first time, we begin the podcast not with NSA on the defensive, but with breaking news of an American counterattack on Chinese cyberspying – the indictment of several PLA members for breaking into US computers to steal commercial information. Our guest for the day, Shane Harris, is ideally suited to analyze the

This episode of the Steptoe Cyberlaw Podcast features an interview with Chris Painter, the State Department’s Coordinator for Cyber Issues.  Chris had a long and distinguished career at the Justice Department and the White House before joining State.  Our interview ranges widely.  Are there really norms in cyberconflict, and should the US really encourage the

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

This week’s podcast features Brian Krebs, the noted security researcher behind Krebs on Security.  Brian comments on the week’s news before giving us an interview on the latest in Russian cybercrime.  We talk about why Microsoft is still patching XP – and why that probably gives its lawyers heartburn.  Brian unpacks Covert Redirection, the

The third-party doctrine of Smith v. Maryland, 442 U.S. 735 (1979), is getting a bad rap from libertarians of the left and the right.  Smith holds that the police don’t need a search warrant to get information about me from a third party.  If I keep a diary in my desk drawer, the police