July 2018

FTC Commissioner Noah Phillips
FTC Commissioner Noah Phillips

Our guest for the interview is Noah Phillips, recently appointed FTC Commissioner and former colleague of Stewart Baker at Steptoe. Noah fields questions about the European Union, privacy, and LabMD, about whether Silicon Valley suppression of conservative speech should be a competition law issue, about how foreign governments’ abuse of merger approvals can be disciplined, and much more.



Continue Reading Episode 228: Best idea yet for derailing the Kavanaugh nomination

Patt Cannaday and Stewart Baker
Patt Cannaday and Stewart Baker

In this episode, Bobby Chesney explains the rapid emergence of undetectably forged videos. They’re not here yet, but before we’re ready the Internet will be awash with fake revenge porn, fake human rights atrocities, and fake political scandals. Our talk revolves around a recent paper by Bobby and Danielle Citron. I confess to having seriously considered federal support for a fake video involving Osama bin Laden and kumquats (not what you’re thinking, though that would have been good, too). Bobby and I discuss the ways in which the body politic – and particular political bodies – might protect themselves. This leads Bobby to propose a special Cyberlaw Podcast mug for best listener suggestions for what tattoo – and where – I should get as my last line of defense. He’s on. Send them to CyberlawPodcast@steptoe.com.


Continue Reading Episode 227: Defending against deep fakes with lifelogs, watermarks … and tatts?

General Michael Hayden and Stewart Baker
General Michael Hayden and Stewart Baker

Our interview is with Gen. Michael Hayden, author of The Assault on Intelligence: American National Security in an Age of Lies. Gen. Hayden is a former head of the CIA and NSA, and a harsh critic of the Trump Administration. We don’t agree on some of his criticisms, but we have a productive talk about how intelligence should function in a time of polarization and foreign intervention in our national debates.


Continue Reading Episode 225: Interview with General Michael Hayden

I interview Duncan Hollis, another Steptoe alumnus patrolling the intersection of international law and cybersecurity. With Matt Waxman, Duncan has written an essay on why the US should make the Proliferation Security Initiative a model for international rulemaking for cybersecurity. Since “coalition of the willing” was already taken, we settle on “potluck policy” as shorthand for the proposal. To no one’s surprise, Duncan and I disagree about the value of international law in the field, but we agree on the value of informal, agile, and “potluck” actions on the world stage. In support, I introduce Baker’s Law of International Institutions: “The secretariat always sees the United States as its natural enemy.”

At the end, Duncan mentions in passing his work with Microsoft on international rulemaking, and I throw down on “Brad Smith’s godforsaken proposal.” Brad, if you are willing to come on the podcast to defend that proposal, I’ve promised Duncan a highly coveted Cyberlaw Podcast mug.


Continue Reading Episode 224 with Duncan Hollis: Do we need an international “potluck” cyber coalition?