Episode 343 of the Cyberlaw Podcast is a long meditation on the ways in which technology is encouraging other nations to exercise soft power inside the United States. I interview Nina Jankowicz, author of How to Lose the Information War on how Russian disinformation has affected Poland, Ukraine, and the rest of Eastern
Data Breach
The Urgent Need to Assess and Respond to Russian Supply Chain Attacks
According to media reports, Russian government hackers have penetrated the systems of thousands of companies across a variety of industries, as well numerous US government agencies. Moreover, what has been publicly reported may be only the tip of the iceberg in terms of both the scope of the attacks’ victims and the attackers’ methodologies. The most recent reporting also suggests that victim companies are not just those that would be of obvious interest to Russian intelligence services. Accordingly, all companies should assess whether they have been affected by this attack, what steps they need to take to remediate those effects, and what legal and contractual obligations they may have to notify government agencies, business partners, customers, and individuals.…
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Episode 336: Trumping Schrems II
Our interview this week is a deep dive into the mess created by the EU Court of Justice in Schrems II – and some pretty good ideas for how companies might avoid the mess as proposed in a U.S. Government white paper. I interview Brad Wiegmann, Senior Counselor for the National Security Division…
Episode 335: Digital Dunkirk
In this episode, I interview Rob Knake, Senior Fellow at the Council on Foreign Relations, about his recent report, “Weaponizing Digital Trade — Creating a Digital Trade Zone to Promote Online Freedom and Cybersecurity.” The theme of the report is what the US can salvage from the wreckage of the 1990s…
Episode 333: Interview with David Ignatius
In this week’s episode I interview David Ignatius about the technology in his latest spy novel, The Paladin. Actually, while we do cover such tech issues as deepfakes, hacking back, Wikileaks, and internet journalism, the interview ranges more widely, from the steel industry of the 1970s, the roots of Donald Trump’s political worldview,…
Episode 331: Damned if You Do, Damned if You Don’t (Pay the Ransom)
In this episode, Jamil Jaffer, Bruce Schneier, and I mull over the Treasury announcement that really raises the stakes even higher for ransomware victim. The message from Treasury seems to be that if the ransomware gang is the subject of OFAC sanctions, as many are, the victim needs to call Treasury…
Episode 328: Jane’s Fighting Nerds
In our 328th episode of the Cyberlaw Podcast, Stewart is joined by Bruce Schneier (@schneierblog), Sultan Meghji @sultanmeghji), and Nate Jones (@n8jones81). The Belfer Center has produced a distinctly idiosyncratic report ranking the world’s cyber powers – a kind of Jane’s Fighting Nerds report. Bruce Schneier and I puzzle over its oddities, but…
Episode 325: Solipsistic Europocrisy meets Judicial Imperialism
The big news of the week was the breathtakingly arrogant decision of the European Court of Justice, announcing that it would set the rules for how governments could use personal data in fighting crime and terrorism.
Even more gobsmacking, the court decided to impose those rules on every government on the planet – except…
Episode 323: Hats off to the French! (And I don’t say that often.)
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…
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…