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Category Archives: China

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Episode 277: Bankrupting National Security?

Posted in China, European Union, International

  Camille Stewart talks about a little-known national security risk: China’s propensity to acquire US technology through the bankruptcy courts and the many ways in which the bankruptcy system isn’t set up to combat improper tech transfers. Published by the Journal of National Security Law & Policy, Camille’s paper is available here. Camille has enjoyed… Continue Reading

Episode 276: Alex Stamos on Electoral Interference in Taiwan

Posted in China, International

  In this bonus episode of the Cyberlaw Podcast, Alex Stamos of Stanford’s Freeman Spogli Institute talks about the Institute’s recent paper on the risk of Chinese social media interference with Taiwan’s upcoming presidential election. It’s a wide-ranging discussion of everything from a century of Chinese history to the reasons why WeChat lost a social… Continue Reading

Episode 274: Will Silicon Valley have to choose between end-to-end crypto and shutting down speech it hates?

Posted in AI, China, International, Russia

  Our guests this week are Paul Scharre from the Center for a New American Security and Greg Allen from the Defense Department’s newly formed Joint Artificial Intelligence Center. Paul and Greg have a lot to say about AI policy, especially with an eye toward national security and strategic competition. Greg sheds some light on… Continue Reading

Episode 272: Illuminating supply chain security

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

  What is the federal government doing to get compromised hardware and software out of its supply chain? That’s what we ask Harvey Rishikof, coauthor of “Deliver Uncompromised,” and Joyce Corell, who heads the Supply Chain and Cyber Directorate at the National Counterintelligence and Security Center. There’s no doubt the problem is being admired to… Continue Reading

Episode 271: Is social media a disease, and how do we treat it?

Posted in AI, China, International

  This week I interview Glenn Reynolds, of Instapundit and the UT Knoxville law school, about his new book, The Social Media Upheaval. In a crisp 64 pages, Glenn analogizes social media to a primeval city, where new proximity produces periodic outbreaks of diseases that more isolated people never experienced; traces social media’s toxicity to the… Continue Reading

Episode 265: Cheapfakes and the end of blackmail

Posted in China, Cybersecurity and Cyberwar, International

  Paul Rosenzweig leads off with This Week in China Tech Fear – an enduring and fecund feature in Washington these days. We cover the Trump Administration’s plan to blacklist up to five Chinese surveillance companies, including Hikvision, for contributing to Uighur human rights violations in the West of China, DHS’s rather bland warning that… Continue Reading

Episode 264: Unpacking the Supreme Court’s decision in Pepper v. Apple

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

  We begin this episode with a quick tour of the Apple antitrust decision that pitted two Trump appointees against each other in a 5-4 decision. Matthew Heiman and I consider the differences in judging styles that produced the split and the role that 25 years of “platform billionaires” may have played in the decision.

Episode 262: Udderly indefensible facial recognition scandal may drive new privacy mooovement

Posted in China, International, Privacy Regulation

  Have the Chinese hired American lawyers to vet their cyberespionage tactics – or just someone who cares about opsec? Probably the latter, and if you’re wondering why China would suddenly care about opsec, look no further than Supermicro’s announcement that it will be leaving China after a Bloomberg story claiming that the company’s supply… Continue Reading

Episode 259: Why France understands Chinese policy better than the rest of us

Posted in AI, CFIUS, China, Cloud Computing, European Union, International, Russia

  Our News Roundup is hip deep in China stories. The inconclusive EU – China summit gives Matthew Heiman and me a chance to explain why France understands – and hates – China’s geopolitical trade strategy more than most. Maury Shenk notes that the Pentagon’s reported plan to put a bunch of Chinese suppliers on… Continue Reading

Episode 258: The death of Section 230

Posted in CFIUS, China, International, Russia

  Our News Roundup leads with the long, slow death of Section 230 immunity. Nick Weaver explains why he thinks social media’s pursuit of engagement has led to a poisonous online environment, and Matthew Heiman replays the astonishing international consensus that Silicon Valley deserves the blame – and the regulation – for all that ails… Continue Reading

Episode 255: Imitation is the sincerest form of flattery: Russia and China revamp their military technologies

Posted in China, International, Russia

  In our interview, Elsa Kania and Sam Bendett explain what China and Russia have learned from the American way of warfighting – and from Russia’s success in Syria. The short answer: everything. But instead of leaving us smug, I argue it ought to leave us worried about surprise. Elsa and Sam both try to… Continue Reading

Episode 252: In the cyber adversary Olympics, it’s Russia for the gold and North Korea (!) for the silver

Posted in China, Cybersecurity and Cyberwar, International, Russia

  We interview Dmitri Alperovitch of CrowdStrike on the company’s 2019 Global Threat Report, which features a ranking of Western cyber adversaries based on how long it takes each of them to turn a modest foothold into code execution on a compromised network. The Russians put up truly frightening numbers – from foothold to execution… Continue Reading

Episode 251: Executive Orders and alien abductions

Posted in AI, CFIUS, China, European Union, International, Russia

  The backlash against Big Tech dominates the episode, with new regulatory initiatives in the US, EU, Israel, Russia, and China. The misbegotten link tax and upload filter provisions of the EU copyright directive have survived the convoluted EU legislative gantlet. My prediction: the link tax will fail because Google wants it to fail, but… Continue Reading

Episode 250: We give you Weaver

Posted in China, European Union, International, Privacy Regulation, Security Programs & Policies

  If you get SMS messages on your phone and think you have two-factor authentication, you’re kidding yourself. That’s the message Nick Weaver and David Kris extract from two stories we cover in this week’s episode of The Cyberlaw Podcast – DOJ’s indictment of a couple of kids whose hacker chops are modest but whose… Continue Reading

Episode 248: Tomayto, Tomahto: Right to be Forgotten Meets Right to Die

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

  If the surgeon about to operate on you has been disciplined for neglecting patients, wouldn’t you like to know? Well, the mandarins of the European Union privacy lobby beg to differ. Google has been told by a Dutch court not to index that story, and there seems to have been a six-month lag in… Continue Reading

Episode 245: “Pay no attention to the guns, the flashbang, and the handcuffs. You’re free to go at any time.”

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

  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.

Episode 243: Tech World Turned Upside Down Down Under

Posted in China, Cybersecurity and Cyberwar, International

  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

Episode 242: Nobody Trolls Like the Russians

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

  This episode features an interview with Michael Tiffany, the co-founder and president of White Ops and a deep student of how to curtail adtech fraud. Michael explains the adtech business, how fraudsters take advantage of its structure, and what a coalition of law enforcement and tech companies did to wreck one of the most… Continue Reading

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