In the News Roundup, Dave Aitel (@daveaitel), Mark MacCarthy (@Mark_MacCarthy), and Nick Weaver (@ncweaver) and I discuss how French and Dutch investigators pulled off the coup of the year this April, when they totally pwned a shady “secure phone” system used by massive numbers of European criminals. Nick Weaver explains that hacking the phones

Stewart Baker
Stewart Baker's career has spanned national security and law. He served as General Counsel of the National Security Agency, Assistant Secretary for Policy at the Department of Homeland Security, and drafter of a report reforming the intelligence community after the Iraq War. His legal practice focuses on cyber security, CFIUS, export controls, government procurement, and immigration and regulation of international travel.
Episode 322: Bill Barr Crosses the Rubicon
For the first time in twenty years, the Justice Department is finally free to campaign for the encryption access bill it has always wanted. Sens. Lindsey Graham (R-S.C.), Tom Cotton (R-Ark.), and Marsha Blackburn (R-Tenn.) introduced the Lawful Access To Encrypted Data Act. (Ars Technica, Press Release) As Nick…
Episode 321: Using the internet to cause emotional distress is a felony?
This is the week when the movement to reform Section 230 of the Communications Decency Act got serious. The Justice Department released a substantive report suggesting multiple reforms. I was positive about many of them (my views here). Meanwhile, Sen. Josh Hawley (R-MO) has proposed a somewhat similar set of changes in his…
Episode 320: Hackers for Hire
Our interview this week is with Chris Bing, a cybersecurity reporter with Reuters, and John Scott-Railton, Senior Researcher at Citizen Lab and PhD student at UCLA. John coauthored Citizen Lab’s report last week on BellTroX and Indian hackers for hire, and Chris reported for Reuters on the same organization’s activities –…
Episode 319: Whaling at Scale
Our interview with Ben Buchanan begins with his report on how artificial intelligence may influence national and cybersecurity. Ben’s quick takes: better for defense than offense, and probably even better for propaganda. The best part, in my view, is Ben’s explanation of how to poison the AI that’s trying to hack you…
Episode 318: Dark Mirror – Interviewing Bart Gellman
This episode features an in-depth (and occasionally contentious) interview with Bart Gellman about his new book, Dark Mirror: Edward Snowden and the American Surveillance State, which can be found on his website and on Amazon. I’m tagged in the book as having been sharply critical of Gellman’s Snowden stories, and I live…
Episode 317: Has Apple opened a new legal front against the FBI — without telling it?
Our interview is with Mara Hvistendahl, investigative journalist at The Intercept and author of a new book, The Scientist and the Spy: A True Story of China, the FBI, and Industrial Espionage, as well as a deep WIRED article on the least known Chinese AI champion, iFlytek. Mara’s book raises…
Episode 316: Our AI Future – Sexbots, Toilet Drones, and Robocops?
Peter Singer continues his excursion into what he calls “useful fiction” – thrillers that explore real-world implications of emerging technologies – in Burn-In: A Novel of the Real Robotic Revolution, to be released May 26, 2020. This interview explores a thoroughly researched (and footnoted!) host of new technologies, many already in production or on the horizon, all packed inside a plot-driven novel. The book is a painless way to understand what these technologies make possible and their impact on actual human beings. And the interview ranges widely over the policy implications, plus a few plot spoilers.…
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Episode 315: Google to Washington: “Send your man to see my man. And we’ll stiff him.”
J.P. Morgan once responded to President Teddy Roosevelt’s charge that he’d violated federal antitrust law by saying, “If we have done anything wrong, send your man to see my man, and we’ll fix it up.” That used to be the gold standard for monopolist arrogance in dealing with government, but Google and Apple have put J.P. Morgan in the shade with their latest instruction to the governments of the world: You can’t use our app to trace COVID-19 infections unless you promise not to use it for quarantine or law enforcement purposes. They are only able to do this because the two companies have more or less 99% of the phone OS market. That’s more control than Morgan had of US railways, and their dominance apparently allows them to say, “If you think we’ve done something wrong, don’t bother to send your man; ours is too busy to meet.” Nate Jones and I discuss the question of Silicon Valley overreach in this episode. (In that vein, I apologize unreservedly to John D. Rockefeller, to whom I mistakenly attributed the quote.) The sad result is that a promising technological adjunct to contact tracing has been delayed and muddled by ideological engineers to the point where it isn’t likely to be deployed and used in a timely way.…
Episode 314: Mirror-Image Decoupling
We begin with a new US measure to secure its supply chain for a critical infrastructure – the bulk power grid. David Kris unpacks a new Executive Order restricting purchases of foreign equipment for the grid.
Nick Weaver, meanwhile, explains the remarkable extent of surveillance built into Xiaomi phones and questions the company’s claim that it was merely acquiring pseudonymous ad-related data like others in the industry.
It wouldn’t be the Cyberlaw Podcast if we didn’t wrangle over mobile phones and the coronavirus. Mark MacCarthy says that several countries – Australia, the UK, and perhaps France – are deviating from the Gapple model for using phones for infection tracing. Several have bought in. India, meanwhile, is planning a much more government-driven approach to using phone apps to combat the pandemic.…