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
Brazen Russian intrusions into the US electricity grid lead our episode. I ask Matthew Heiman and Nick Weaver whether Russia intended for us to know about their intrusions (duh, yes!) and how we should respond to the implicit threat to leave Americans freezing in the dark. Their answers and mine show creativity if not… Continue Reading
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.
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
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
Mieke Eoyang joins us for the interview about Third Way’s “To Catch a Hacker” report. We agree on the importance of what I call “attribution and retribution” as a way to improve cybersecurity. But we disagree on some of the details. Mieke reveals that this report is the first in a series that will… Continue Reading
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
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
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
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
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
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
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
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
We’re officially on hiatus this month, but we just couldn’t stay away that long. If you can’t live without The Cyberlaw Podcast in your life, then you’re in luck. We’re releasing a couple bonus episodes with some of my favorite past interviews.
In Episode 226 of The Cyberlaw Podcast, Stewart departs for the wilderness, and the News Roundup team (Brian Egan with Matthew Heiman, Jim Lewis, and Dr. Megan Reiss) muddles through without him.
Episode 223 with David Sanger: A war reporter for the cyber age I interview David Sanger in this episode on his new book, The Perfect Weapon – War, Sabotage, and Fear in the Cyber Age. It is an instant history of how the last five years have transformed the cyberwar landscape as dozens of countries follow… Continue Reading
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
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
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 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
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
Episode 207: What to do about China? Our interview this week is with Ambassador Nathan Sales, the State Department’s Counterterrorism Coordinator. We cover a Trump administration diplomatic achievement in the field of technology and terrorism that has been surprisingly undercovered (or maybe it’s not surprising at all, depending on how cynical you are about press… Continue Reading
Episode 205: Scandularity Today’s news roundup begins with Maury Shenk and Brian Egan offering their views about the Supreme Court oral argument in the Microsoft Ireland case. We highlight some of the questions that may tip the Justices’ hand. Brian and I dig into the Dems’ reply memo on the Carter Page FISA application. I’m mostly unshocked… Continue Reading