We spend much of this episode of the Cyberlaw Podcast talking about toxified technology – new tech that is being demonized for a variety of reasons. Exhibit One, of course, is “spyware,” essentially hacking tools that allow governments to access phones or computers otherwise closed to them, usually by end-to-end encryption. The Washington Post and
Cyberattacks
Episode 431: The Empire Strikes Back, at Twitter
The Cyberlaw Podcast leads with the legal cost of Elon Musk’s anti-authoritarian takeover of Twitter. Turns out that authority figures have a lot of weapons, many grounded in law, and Twitter is at risk of being on the receiving end of those weapons. Brian Fleming explores the apparently unkillable notion that the Committee on…
Episode 430: Election Aftershocks for Cyberlaw
We open this episode of the Cyberlaw Podcast by considering the (still evolving) results of the 2022 midterm election. Adam Klein and I trade thoughts on what Congress will do. Adam sees two years in which the Senate does nominations, the House does investigations, and neither does much legislation. Which could leave renewal of the critically…
Episode 423: President DeSantis’s First Supreme Court Nominee
This episode features a much deeper, and more diverse, examination of the Fifth Circuit decision upholding Texas’s social media law. We devote the last half of the episode to a structured dialogue about the opinion between Adam Candeub and Alan Rozenshtein. Both have written about it already, Alan critically and Adam supportively.…
Episode 422: Judge Oldham Bails Out Texas
The big news of the week was a Fifth Circuit decision upholding Texas social media regulation law. It was poorly received by the usual supporters of social media censorship but I found it both remarkably well written and surprisingly persuasive. That does not mean it will survive the almost inevitable Supreme Court review but…
Episode 419: Cyber Persistence
Just when you thought you had a month free of the Cyberlaw Podcast, it turns out that we are persisting, at least a little. This month we offer a bonus episode, in which Dave Aitel and I interview Michael Fischerkeller, one of three authors of “Cyber Persistence Theory: Redefining National Security in Cyberspace.”
The…