This bonus episode is an interview with Josephine Wolff and Dan Schwarcz, who along with Daniel Woods have written an article with the same title as this post. Their thesis is that breach lawyers have lost perspective in their no-holds-barred pursuit of attorney-client privilege to protect the confidentiality of forensic reports that

We open today’s episode by teasing the Supreme Court’s decision to review whether section 230 protects big platforms from liability for materially assisting terror groups whose speech they distribute (or even recommend). I predict that this is the beginning of the end of the house of cards that aggressive lawyering and good press have

  • Gus Hurwitz brings us up to speed on tech bills in Congress. They are all dead, but some of them don’t know it yet. The big privacy bill, American Data Privacy and Protection Act, was killed by the left, but I argue that it’s the right that should be celebrating, since the bill

Dave Aitel introduces a deliciously shocking story about lawyers as victims and – maybe – co-conspirators in the hacking of adversaries’ counsel to win legal disputes. The trick, it turns out, is figuring out how to benefit from hacked documents without actually dirtying one’s hands with the hacking. And here too, a Shakespearean Henry

The Federal Trade Commission’s (FTC) other foot, I argue, is lodged firmly in its mouth. Tatyana Bolton defends the agency, which released what can only be described as a regulatory blog post in response to the log4j vulnerability, invoking the $700 million in fines imposed on Equifax to threatening “to use its full legal

They used to say that a conservative was a liberal who’d been mugged. Today’s version is that a conservative who’s comfortable with business regulation is a conservative who’s been muzzled by Silicon Valley. David Kris kicks off this topic by introducing Justice Thomas’s opinion in a case over Trump’s authority to block users he

In the news roundup, David Kris digs into rumors that Chinese malware attacks may have caused a blackout in India at a time when military conflict was flaring on the two nation’s Himalayan This leads us to Russia’s targeting of the US grid and to uneasy speculation on how well our regulatory regime is

It’s a story that has everything, except a reporter able to tell it. A hostile state attacking the US power grid is a longstanding and quite plausible national security concern.

The Trump administration was galvanized by the threat, even seizing Chinese power equipment at the port to do a detailed breakdown and then issuing

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

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.
Continue Reading The Urgent Need to Assess and Respond to Russian Supply Chain Attacks