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Category Archives: European Union

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Episode 235: It’s a Bird, It’s a Plane, It’s … Doug?

Posted in CFIUS, China, European Union, Government Contracts, International, Security Programs & Policies

  Today we interview Doug, the chief legal officer of GCHQ, the British equivalent of NSA. It’s the first time we’ve interviewed someone whose full identify is classified. Out of millions of possible pseudonyms, he’s sticking with “Doug.” Listen in as he explains why. More seriously, Doug covers the now-considerable oversight regime that governs GCHQ’s intercepts… Continue Reading

European Data Protection Board Adopts Draft Guidelines on Territorial Scope of General Data Protection Regulation (GDPR)

Posted in Data Breach, European Union, International, Security Programs & Policies

The European Data Protection Board (EDPB) is an independent advisory body, established by the GDPR, that issues guidelines, recommendations, and best practices for the application of the GDPR. At its Third Plenary on September 26, the EDPB adopted new draft guidelines on the GDPR’s territorial scope. These guidelines should help provide a common interpretation of… Continue Reading

Stewart Baker Appears on This Week in Law

Posted in Cybersecurity and Cyberwar, European Union, International, Security Programs & Policies

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

Episode 232: “I’m afraid you can’t say that, Dave.” Will AI save the Internet from Vladimir Putin – and Matt Drudge?

Posted in AI, China, Cybersecurity and Cyberwar, European Union, International, Russia

  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

Episode 231: Ah, September, when Europe unleashes a summer’s worth of crazy

Posted in European Union, International, Privacy Regulation

  Our interview this week is with Hon. Michael Chertoff, my former boss at Homeland Security and newly minted author of Exploding Data: Reclaiming Our Cyber Security in the Digital Age. The conversation – and the book – is wide ranging and shows how much his views on privacy, data, and government have evolved in… 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 — Interview with Megan Stifel

Posted in China, European Union, International, Privacy Regulation, Russia

Episode 222: In which I get to play that guy in line for the movie with Woody Allen Our interview is with Megan Stifel, whose paper for Public Knowledge offers a new way of thinking about cybersecurity measures, drawing by analogy on the relative success of sustainability initiatives in spurring environmental consciousness. She holds up… 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 Final Countdown – The EU General Data Protection Regulation

Posted in Data Breach, European Union, Privacy Regulation

The EU General Data Protection Regulation (GDPR) comes into force on May 25, 2018. The GDPR makes many important changes to European Union (EU) data protection law, but it is not a complete departure from existing principles. Many of the concepts with which organizations are familiar will continue to apply under the GDPR. Thus, the… 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 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 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

GDPR: Belgium sets up new Data Protection Authority

Posted in Data Breach, European Union, International, Privacy Regulation

On 10 January, the Belgian Gazette published the Law of 3 December 2017 “setting up the authority for data protection” (the Law). The Law is the first legal text in Belgium applying various provisions of the EU’s General Data Protection Regulation (GDPR). Under the GDPR, EEA Member States must provide for one or more independent… Continue Reading

EU Court Denies Class Action for Data Protection in Schrems vs. Facebook Ireland Ltd – A Short-Lived Respite Until GDPR?

Posted in European Union, International, Privacy Regulation

In its judgment of January 26, the European Court interpreted EU rules on jurisdiction in a dispute referred from the Austrian Supreme Court between a ‘consumer’ – Maximilian Schrems – and Facebook Ireland Limited. The Court would not accept the consumer’s choice of forum for a class-action type proceeding and held that, when interpreting EU… Continue Reading

European Commission Keeps Up Pressure On GDPR

Posted in Data Breach, European Union, International, Privacy Regulation

The EU General Data Protection Regulation (GDPR) will apply to businesses operating in the EU from 25 May 2018 – in 100 days’ time. Senior Commissioners Ansip (Digital Single Market) and Jourová (Justice) yesterday announced guidelines and other materials to “facilitate a direct and smooth application of the new data protection rules across the EU [and beyond]… Continue Reading

The Cyberlaw Podcast — Interview with Mara Hvistendahl

Posted in China, European Union, International, Privacy Regulation

Episode 197:  Interview with Mara Hvistendahl While the US was transfixed by posturing over the Trump presidency, China has been building the future. Chances are you’ll find one part of that future – social credit scoring – both appalling in principle and irresistible in practice. That at least is the lesson I draw from our interview… 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