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Category Archives: International

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Episode 239: The Ministry of Silly Talk

Posted in CFIUS, China, International, Security Programs & Policies

  Today’s interview is a deep (and long – over an hour) dive into new investment review regulations for the Committee on Foreign Investment in the United States (CFIUS). It’s excerpted from an ABA panel discussion on the topic, featuring: Tom Feddo, who currently oversees CFIUS; Aimen Mir, who used to oversee CFIUS; Sanchi Jayaram,… Continue Reading

Episode 238: Bold Prediction Episode: Foreign governments will not hack this election

Posted in China, International, Security Programs & Policies

  This episode puts our experts on the spot with an election-eve question: Will foreign governments attack US electoral rolls or vote-counting machinery in 2018? Remarkably, no one on our panel (Matthew Heiman, Nick Weaver, David Kris, and I) thinks they will. So if you want cybersecurity news, you can stop listening to election coverage… Continue Reading

Episode 237: I’d Like to Teach the World to Troll, in Perfect Harmony!

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

  The theme of this week’s podcast seems to be the remarkable reach of American soft power: Really, we elect Donald Trump, and suddenly everybody’s trolling. The Justice Department criminally charges a Russian troll factory’s accountant, and before David Kris can finish explaining it, she’s on YouTube, trolling the prosecutors with a housewife schtick. She’s… Continue Reading

Episode 236: Twitterlaw and the Khashoggi killing

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

  In this episode’s interview we ask whether the midterm elections are likely to suffer as much foreign hacking and interference as we saw in 2016. The answer, from Christopher Krebs, Under Secretary for National Protection and Programs Directorate (soon to be the Cybersecurity and Infrastructure Security Agency), is surprisingly comforting, though hardly guaranteed. Briefly,… Continue Reading

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

Episode 234: The California Turing Test

Posted in China, Cybersecurity and Cyberwar, International, Russia

  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

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 230: Click Here to Kill Everybody

Posted in International, Privacy Regulation, Security Programs & Policies

  We are fully back from our August hiatus, and leading off a series of great interviews, I talk with Bruce Schneier about his new book, Click Here to Kill Everybody: Security and Survival in a Hyper-Connected World. Bruce is an internationally renowned technologist, privacy and security commentator, and someone I respect a lot more… Continue Reading

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

Webinar: The US-China Trade Relationship: Strategies for Coping with the New Normal

Posted in China

On August 28, Steptoe will host a webinar on US-China trade relations. From the announcement: Over the past few months, US-China trade relations have radically changed. Under Section 301 of the Trade Expansion Act of 1962, the United States has imposed additional tariffs on billions worth of China imports and is threatening to import tariffs… 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

Episode 224 with Duncan Hollis: Do we need an international “potluck” cyber coalition?

Posted in China, Data Breach, International, Privacy Regulation

I interview Duncan Hollis, another Steptoe alumnus patrolling the intersection of international law and cybersecurity. With Matt Waxman, Duncan has written an essay on why the US should make the Proliferation Security Initiative a model for international rulemaking for cybersecurity. Since “coalition of the willing” was already taken, we settle on “potluck policy” as shorthand… 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

Belgium Publishes Draft Law Implementing GDPR

Posted in International, Privacy Regulation

On June 12, Belgium’s Parliament published a draft law on the “protection of natural persons with regard to processing of personal data.” The draft – comprising 280 Articles – has three objectives: Legislate so-called “open clauses” of the General Data Protection Regulation, i. e. those clauses in the Regulation where EU Member States are free to… 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