Nate Jones, David Kris, and I kick off 2019 with a roundup of the month of news since we took our Christmas break. First, we break down the utterly predictable but undismissable Silicon Valley claim that the administration’s new export control strategy will hurt the emerging AI industry.
In the News Roundup, Nick Weaver and I offer very different assessments of Australia’s controversial encryption bill. Nick’s side of the argument is bolstered by Denise Howell, the original legal podcaster, with 445 weekly episodes of This Week in Law to her credit. Later in the program, I interview Rep. Jim Langevin (D-RI), who’s… Continue Reading
Bloomberg Businessweek’s claim that the Chinese buggered Supermicro motherboards leads off our News Roundup. The story is controversial not because it couldn’t happen and not because the Chinese wouldn’t do it but because the story has been denied by practically everyone close to the controversy, including DHS. Bloomberg Businessweek stands by the story. Maybe… Continue Reading
Earlier this month, Stewart appeared as a guest on Episode 434 of This Week in Law with Denise Howell. Members of Congress want to know the potential impact of deepfakes, India’s Aadhaar ID database is hacked, EU could fine companies for not removing terrorist content in an hour, U.S. policy on Cyber warfare, vending machines… Continue Reading
Our guest is Peter W. Singer, co-author with Emerson T. Brooking of LikeWar: The Weaponization of Social Media. Peter’s book is a fine history of the way the Internet went wrong in the Age of Social Media. He thinks we’re losing the Like Wars, and I tend to agree. It’s a deep conversation that turns contentious… Continue Reading
We need better, more aggressive options to deter cyberattacks, since the ones we’ve come up with so far are clearly not deterring our adversaries. I would like to inspire more ambition, aggressiveness, and creativity in the American response. As the first stage in that effort, here’s an op-ed I published recently in the Washington Post: The… Continue Reading
We’re still on hiatus, but we’re back again this week with another bonus episode. Our next season will feature an interview with Bruce Schneier, cryptography, computer science, and privacy guru, about his latest book, Click Here to Kill Everybody: Security and Survival in a Hyper-connected World. So it only seems appropriate to revisit my… Continue Reading
We’re officially on hiatus this month, but we just couldn’t stay away that long. If you can’t live without The Cyberlaw Podcast in your life, then you’re in luck. We’re releasing a couple bonus episodes with some of my favorite past interviews.
Our guest for the interview is Noah Phillips, recently appointed FTC Commissioner and former colleague of Stewart Baker at Steptoe. Noah fields questions about the European Union, privacy, and LabMD, about whether Silicon Valley suppression of conservative speech should be a competition law issue, about how foreign governments’ abuse of merger approvals can be disciplined,… Continue Reading
In this episode, Bobby Chesney explains the rapid emergence of undetectably forged videos. They’re not here yet, but before we’re ready the Internet will be awash with fake revenge porn, fake human rights atrocities, and fake political scandals. Our talk revolves around a recent paper by Bobby and Danielle Citron. I confess to having seriously… Continue Reading
In Episode 226 of The Cyberlaw Podcast, Stewart departs for the wilderness, and the News Roundup team (Brian Egan with Matthew Heiman, Jim Lewis, and Dr. Megan Reiss) muddles through without him.
Episode 223 with David Sanger: A war reporter for the cyber age I interview David Sanger in this episode on his new book, The Perfect Weapon – War, Sabotage, and Fear in the Cyber Age. It is an instant history of how the last five years have transformed the cyberwar landscape as dozens of countries follow… Continue Reading
Episode 221: Daugherty’s Revenge The 11th Circuit’s LabMD decision is a dish served cold for Michael Daugherty, the CEO of the defunct company. The decision overturns decades of FTC jurisdiction, acquired over the years by a kind of bureaucratic adverse possession. Thanks to the LabMD opinion, practically all the FTC’s privacy and security consent decrees are… Continue Reading
Episode 220: GDPR and the Typhoid Marys of the Internet GDPR has finally arrived, Maury Shenk reminds us, bringing both expected and unexpected consequences. Among the expected: New Schrems lawsuits for more money from the same old defendants; and the wasting away of the cybersecurity resource that is WHOIS, as German courts ride to the rescue… Continue Reading
Episode 216: Every President gets the White House he deserves The Cyberlaw Podcast has now succumbed to an irresistible media trend: We begin the episode with a tweet from President Trump. In this one, he promises to get ZTE “back in business, fast.” Paul Rosenzweig and Nick Weaver provide the backstory, and a large helping… Continue Reading
Episode 215: The Zelig of Hacking Back Our interview is with Nick Schmidle, staff writer for the New Yorker. His report on cybersecurity work that goes to the edge of the law and beyond turns up some previously unreported material, including the tale of Shawn Carpenter, a cybersecurity researcher with a talent for showing up… Continue Reading
214: Dumbest privacy issue of the decade? This episode features a new technology-and-privacy flap. The police finally catch a sadistic serial killer, and the press can’t stop whining about DNA privacy. I argue that DNA privacy is in the running for Dumbest Privacy Issue of the Decade. Because privacy is all about making sure the police can’t… Continue Reading
Episode 213: RSA in 5 minutes In a news-only episode, we get a cook’s tour of the RSA conference from attendees Paul Rosenzweig, Jim Lewis, and Stewart Baker. Short version: Top trends we saw at RSA: more nations attacking cybersecurity firms over attribution, more companies defending themselves outside their own networks (aka hackback), and growing (if still… Continue Reading
The Cyberlaw Podcast – Interview with Chris Bing and Patrick Howell O’Neill Episode 211: Senators Markey and Blumenthal bury the lede Our interview is with Chris Bing and Patrick Howell O’Neill of Cyberscoop. They’ve broken two cyberscoops in the last week or so. First, an in-depth look at Kaspersky’s outing of a US cyberespionage program aimed… Continue Reading
Episode 210: Keeper: Loser, Weeper In the news roundup, Nick Weaver, Ben Wittes, and I talk about the mild reheating of the encryption debate, sparked not just by renewed FBI pleading but by the collapse of the left-lib claim that building in access is impossible because math. The National Academy report on encryption access has demonstrated… Continue Reading
Episode 207: What to do about China? Our interview this week is with Ambassador Nathan Sales, the State Department’s Counterterrorism Coordinator. We cover a Trump administration diplomatic achievement in the field of technology and terrorism that has been surprisingly undercovered (or maybe it’s not surprising at all, depending on how cynical you are about press… Continue Reading
Episode 206: The threat of evil AI from outer space – or maybe a lot closer to home Our interview features an excellent and mostly grounded exploration of how artificial intelligence could become a threat as a result of the cybersecurity arms race. Maury Shenk does much of the interviewing in London. He talks to Miles Brundage,… Continue Reading
Episode 205: Scandularity Today’s news roundup begins with Maury Shenk and Brian Egan offering their views about the Supreme Court oral argument in the Microsoft Ireland case. We highlight some of the questions that may tip the Justices’ hand. Brian and I dig into the Dems’ reply memo on the Carter Page FISA application. I’m mostly unshocked… Continue Reading
Episode 204: News Roundup In our 204th episode of The Cyberlaw Podcast, the team bumbles forward without Stewart Baker, who is spending the week racing his offspring down mountain slopes somewhere in Utah. Brian Egan and Jamil Jaffer begin by covering a few implications of Special Counsel Mueller’s indictment from Friday – the legal theories of… Continue Reading