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Category Archives: Cybersecurity and Cyberwar

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Thinking the unthinkable about responding to cyberattacks

Posted in China, Cybersecurity and Cyberwar, Russia

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

Bonus: Interview with Bruce Schneier (2015)

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

  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

Episode 228: Best idea yet for derailing the Kavanaugh nomination

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

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

Episode 227: Defending against deep fakes with lifelogs, watermarks … and tatts?

Posted in China, Cybersecurity and Cyberwar, European Union

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

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