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Category Archives: China

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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

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

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

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 China, International, Privacy Regulation, Security Programs & Policies

Episode 218: The Mugshots.com Case: California Crazy Meets European Crazy In this episode, Markham Erickson highlights the Mugshots.com prosecution. The site had a loathsome business model, publishing mugshots for free and charging hundreds of bucks to people who wanted the record of their arrests taken down. Now the owners are being prosecuted in a case… 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 – 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 Michael Page

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

Episode 209 It was a cyberlaw-packed week in Washington. Congress jammed the CLOUD Act into the omnibus appropriations bill, and boom, just like that, it’s law. Say good-bye to the Microsoft Ireland case just argued in the Supreme Court. Maury Shenk offers a view of the Act from the United Kingdom, the most likely and maybe the only… Continue Reading