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Category Archives: Cybersecurity and Cyberwar

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The Cyberlaw Podcast – News Roundup

Posted in China, Cybersecurity and Cyberwar, International, Uncategorized

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

The Cyberlaw Podcast – News Roundup

Posted in Cybersecurity and Cyberwar, European Union, International, Privacy Regulation

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

The Cyberlaw Podcast – Interview with Nicholas Schmidle

Posted in Cybersecurity and Cyberwar, Privacy Regulation, Security Programs & Policies

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

The Cyberlaw Podcast — News Roundup

Posted in China, Cybersecurity and Cyberwar, Privacy Regulation, Russia

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

The Cyberlaw Podcast — News Roundup

Posted in Cybersecurity and Cyberwar, European Union, Privacy Regulation

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

Posted in CFIUS, China, Cybersecurity and Cyberwar

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

The Cyberlaw Podcast – Interview with David Sanger

Posted in Cybersecurity and Cyberwar, International, Privacy Regulation

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

The Cyberlaw Podcast — Interview with Ambassador Nathan Sales

Posted in China, Cybersecurity and Cyberwar, Virtual Currency

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

The Cyberlaw Podcast — Interview with Miles Brundage and Shahar Avin

Posted in Cybersecurity and Cyberwar, European Union

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

The Cyberlaw Podcast — News Roundup

Posted in Blockchain, Cybersecurity and Cyberwar, International, Security Programs & Policies

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

The Cyberlaw Podcast – News Roundup

Posted in Cybersecurity and Cyberwar, European Union, International

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

The Cyberlaw Podcast — Interview with Elsa Kania

Posted in China, Cybersecurity and Cyberwar, Privacy Regulation, Security Programs & Policies

Episode 196: Did AlphaGo launch an arms race with China? In this episode, I interview Elsa Kania, author of a Center for a New American Security report on China’s plan for military uses of artificial intelligence – a plan that seems to have been accelerated by the asymmetric impact of AlphaGo on the other side… Continue Reading

The Cyberlaw Podcast — Interview with Susan Hennessey and Andrew McCarthy

Posted in China, Cybersecurity and Cyberwar, Security Programs & Policies

Interview with Susan Hennessey and Andrew McCarthy Episode 195 features an interview with Susan Hennessey of Lawfare and Andrew McCarthy of the National Review.  They walk us through the “unmasking” of US identities in intelligence reports — one of the most divisive partisan issues likely to come up in the re-enactment of section 702 of… Continue Reading

The Cyberlaw Podcast — Interview with Rob Reid

Posted in Cybersecurity and Cyberwar, European Union, International

Episode 194: Mass Bioterrorism, Runaway Artificial Intelligence, and Other Romps with Rob Reid Our interview this week is with Rob Reid, author of After On and Year Zero, two books that manage to translate serious technology nightmares into science fiction romps.  We cover a lot of ground: synbio and giving eighth graders the tools for… Continue Reading

The Cyberlaw Podcast — Interview with David Ignatius

Posted in China, Cybersecurity and Cyberwar, Data Breach, International

Episode 193:  David Ignatius and The Quantum Spy We celebrate the holiday season by interviewing David Ignatius, Columnist and Associate Editor at The Washington Post and the author of multiple spy thrillers, including his most recent, The Quantum Spy.  David and I discuss themes from the book, from quantum computing to ethnic and gender tensions… Continue Reading

The Cyberlaw Podcast — Discussion with Michael Sulmeyer and Nicholas Weaver

Posted in Cybersecurity and Cyberwar, Data Breach

Episode 192: Discussion with Michael Sulmeyer and Nicholas Weaver With the Texas church shooting having put encryption back on the front burner, I claim that Apple is becoming the FBI’s crazy ex-girlfriend in Silicon Valley — and offer the tapes to prove it. When Nick Weaver rises to Apple’s defense, I point out that Apple responded… Continue Reading

The Cyberlaw Podcast – Interview with United States Senator Sheldon Whitehouse

Posted in Cybersecurity and Cyberwar, Security Programs & Policies

Episode 190: Interview with United States Senator Sheldon Whitehouse In our 190th episode Stewart Baker has a chance to interview United States Senator Sheldon Whitehouse (D-RI) has a long history of engagement with technology and security issues.  In this episode, we spend a remarkably detailed half-hour with him, covering the cybersecurity waterfront, from the FBI’s… Continue Reading

The Cyberlaw Podcast – Interview with United States Representative Tom Graves

Posted in Cybersecurity and Cyberwar, Data Breach, Privacy Regulation, Security Programs & Policies

Episode 189: Hack Back in Black: Interviewing United States Representative Tom Graves about the ACDC act. Today’s bonus episode is an interview with Rep. Graves, co-sponsor of the Active Cyber Defense Certainty (ACDC) Act, which allows those whose networks are under persistent attack to leave their network to conduct investigative action. Rep. Graves offers a… Continue Reading

The Cyberlaw Podcast – The Shane Roundup

Posted in Cybersecurity and Cyberwar, International, Privacy Regulation, Security Programs & Policies

Today’s news roundup features Shane Harris of the Wall Street Journal, Brian Egan, and Alan Cohn discussing stories that Shane wrote last week.  Out of the box, we work through the hall of mirrors that the Kaspersky hacking story has become. The Russian hacking story is biting more companies than just Kaspersky.  Turns out that… Continue Reading

The Cyberlaw Podcast – Interview with Richard Danzig

Posted in Cybersecurity and Cyberwar, International

Episode 183: North Korea’s Chances of Winning a 2040 Gold Medal in Basketball May Be Better than You Think Richard Danzig, former Navy Secretary and a serious defense and technology thinker, speaks to us about the technology tsunami and what it means for the Pentagon.  Among the risks:  lots more accidents, some of them catastrophic,… Continue Reading