The Foreign Agent Registration Act is having a moment – in fact its best year since 1939, as the Justice Department charges three people with spying on Twitter users for Saudi Arabia. Since they were clearly acting like spies but not stealing government secrets or company intellectual property, FARA seems to be the only law that they could be charged with violating. Nate Jones and I debate whether the Justice Department can make the charges stick.


Continue Reading Episode 287: Plumbing the depths of artificial stupidity

We open the episode with David Kris’s thoughts on the two-years-late CFIUS investigation of TikTok, its Chinese owner, ByteDance, and ByteDance’s US acquisition of the lip-syncing company Musical.ly. Our best guess is that this unprecedented reach-back investigation will end in a more or less precedented mitigation agreement.


Continue Reading Episode 285: ByteDance bitten by CFIUS

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 great success in her young career working with the Transformative Cyber Innovation Lab at the Foundation for Defense of Democracies, as a Cybersecurity Policy Fellow at New America, and as a 2019 Cyber Security Woman of the Year, among other achievements. We talk at the end of the session about life and advancement as an African American woman in cybersecurity.


Want to hear more from Camille on this topic? She’ll be speaking Friday, September 13, at a lunch event hosted by the Foundation for Defense of Democracies. She’ll be joined by fellow panelists Giovanna Cinelli, Jamil Jaffer, and Harvey Rishikof, along with moderator Dr. Samantha Ravich. The event will be livestreamed at www.fdd.org/events. If you would like to learn more about the event, please contact Abigail Barnes at FDD. If you are a member of the press, please direct your inquiries to press@fdd.org.



Continue Reading Episode 277: Bankrupting National Security?

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 DOD’s activity, and Paul helps us understand how the military and policymakers are grappling with this emerging technology. But at the end of the day, I want to know: Are we at risk of losing the AI race with China? Paul and Greg tell me not all hope’s lost – and how we can retain technological leadership.


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

If you’ve lost the Germans on privacy, you’ve lost Europe, and maybe the world. That’s the lesson that emerges from my conversation with David Kris and Paul Rosenzweig about the latest declaration that the German interior minister wants to force messaging apps to decrypt chats. This comes at the same time that industry and civil society groups are claiming that GCHQ’s “ghost proposal” for breaking end-to-end encryption should be rejected. The paper, signed by all the social media giants, says that GCHQ’s proposal will erode the trust that users place in Silicon Valley. I argue that that argument is well past its sell-by date.
Continue Reading Episode 266: Will an end to social media trust mean an end to end-to-end encryption?

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 a blacklist is a bit of a tribute to China’s own list of sectors not open to Western companies. In other China news, Matthew discloses that there’s reason to believe that China has finally begun to use all the US personnel data it stole from OPM. I’m so worried it may yet turn my hair pink, at least for SF-86 purposes.

And in a sign that it really is better to be lucky than to be good, Matthew and I muse on how the Trump Administration’s China policy is coinciding with broader economic trends to force US companies to reconsider their reliance on Chinese manufacturing.


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

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 in less than twenty minutes – but the real surprise is the North Koreans, who clock in at 2:20. The Chinese take the bronze at just over 4 hours. Dmitri also gives props to a newcomer – South Korea – whose skills are substantial.


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

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 the upload filter will succeed because Google wants YouTube’s competitors to fail.


Continue Reading Episode 251: Executive Orders and alien abductions

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.


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

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 when we come to his prescriptions, which I see as reinstating the lefty elite that ran journalism for decades, this time empowered by even less self-doubt – and AI that can reproduce its prejudices at scale and without transparency.


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