November 2018


I propose this episode’s title as Baker’s Law of Evil Technology, something that explains Twitter’s dysfunctional woke-ness, Yahoo’s crappy security, and Uber’s deadly autonomous vehicles. Companies with lots of revenue can afford to offer a lot of stuff they don’t much care about, including protection of minority voices, security, and, um, not killing people. But as Uber’s travails show, all that can get tossed out the window when corporate survival is at stake. And here’s Baker’s Law in action: Airline algorithms that deliberately break up families sitting on the plane so they can charge to put the kids back in the same row.


Continue Reading Episode 241: “You’ll never know how evil a technology can be until the engineers deploying it fear for their jobs”

Mieke Eoyang joins us for the interview about Third Way’s “To Catch a Hacker” report. We agree on the importance of what I call “attribution and retribution” as a way to improve cybersecurity. But we disagree on some of the details. Mieke reveals that this report is the first in a series that will hopefully address my concerns about a lack of detail and innovation in the report’s policy prescriptions.


Continue Reading Episode 240: If Paris Calls, should we hang up?

Today’s interview is a deep (and long – over an hour) dive into new investment review regulations for the Committee on Foreign Investment in the United States (CFIUS). It’s excerpted from an ABA panel discussion on the topic, featuring: Tom Feddo, who currently oversees CFIUS; Aimen Mir, who used to oversee CFIUS; Sanchi Jayaram, who is in charge of the Justice Department’s CFIUS and Team Telecom work; David Fagan, a noted CFIUS practitioner; and me as moderator. It turns out the new CFIUS law may be the most innovative – and sweeping – piece of legislation on national security in years.


Continue Reading Episode 239: The Ministry of Silly Talk

This episode puts our experts on the spot with an election-eve question: Will foreign governments attack US electoral rolls or vote-counting machinery in 2018? Remarkably, no one on our panel (Matthew Heiman, Nick Weaver, David Kris, and I) thinks they will. So if you want cybersecurity news, you can stop listening to election coverage and tune in to Episode 238 of The Cyberlaw Podcast.

Our interview features Steve Rice (Deputy CIO for DHS) and Max Everett (CIO for the Department of Energy) and was originally taped at a session of the Homeland Security Week conference.


Continue Reading Episode 238: Bold Prediction Episode: Foreign governments will not hack this election