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
Tag Archives: China
The Cyberlaw Podcast — Interview with Ambassador Nathan Sales
Posted in China, Cybersecurity and Cyberwar, Virtual CurrencyEpisode 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
The Cyberlaw Podcast — News Roundup
Posted in Blockchain, Cybersecurity and Cyberwar, International, Security Programs & PoliciesEpisode 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
The Cyberlaw Podcast – News Roundup
Posted in Privacy Regulation, Security Programs & PoliciesEpisode 199: Untold stories of the 702 reauthorization In this guestless episode, Michael Vatis, Markham Erickson, and Nick Weaver join me to roundup the news. I explore the final results of the intense jockeying that led to passage of S. 139, which gave section 702 of FISA a new lease on life. The administration did well, weathering… Continue Reading
The Cyberlaw Podcast — Interview with Shane Harris
Posted in China, Data Breach, Government Contracts, Security Programs & PoliciesEpisode 198 — Interview with Shane Harris It turns out that the most interesting policy story about Kaspersky software isn’t why the administration banned its products from government use. It’s why the last administration didn’t. Shane Harris is our guest for the podcast, delving into the law and politics of the Kaspersky ban. Along the way,… Continue Reading
The Cyberlaw Podcast — Interview with Mara Hvistendahl
Posted in China, European Union, International, Privacy RegulationEpisode 197: Interview with Mara Hvistendahl While the US was transfixed by posturing over the Trump presidency, China has been building the future. Chances are you’ll find one part of that future – social credit scoring – both appalling in principle and irresistible in practice. That at least is the lesson I draw from our interview… Continue Reading
The Cyberlaw Podcast — Interview with Susan Hennessey and Andrew McCarthy
Posted in China, Cybersecurity and Cyberwar, Security Programs & PoliciesInterview with Susan Hennessey and Andrew McCarthy Episode 195 features an interview with Susan Hennessey of Lawfare and Andrew McCarthy of the National Review. They walk us through the “unmasking” of US identities in intelligence reports — one of the most divisive partisan issues likely to come up in the re-enactment of section 702 of… Continue Reading
The Cyberlaw Podcast — Interview with David Ignatius
Posted in China, Cybersecurity and Cyberwar, Data Breach, InternationalEpisode 193: David Ignatius and The Quantum Spy We celebrate the holiday season by interviewing David Ignatius, Columnist and Associate Editor at The Washington Post and the author of multiple spy thrillers, including his most recent, The Quantum Spy. David and I discuss themes from the book, from quantum computing to ethnic and gender tensions… Continue Reading
The Cyberlaw Podcast – Interview with Michael Mainelli
Posted in Blockchain, European Union, International, Virtual CurrencyEpisode 177: We’re back! In Episode 177, fresh from hiatus, we try to summarize the most interesting cyber stories to break in August. Paul Rosenzweig kicks things off with the Shunning of Kaspersky. I argue that the most significant – though unsupported – claim about Kaspersky is Sen. Shaheen’s assertion that all of the company’s… Continue Reading
Steptoe Cyberlaw Podcast – Interview with David Aitel
Posted in Data Breach, InternationalEpisode 176: Governments to Internet: STFU Everybody’s a critic, and everybody’s a censor, at least if you judge by today’s episode: Maury Shenk tells us the European Court of Justice will soon rule on its authority to censor what Americans read. Markham Erickson discusses the Ninth Circuit decision upholding national security letter gag orders. And Maury says… Continue Reading
Steptoe Cyberlaw Podcast – Interview with Eric Hysen
Posted in China, Security Programs & Policies175: The Tragedy of Federal IT Procurement This episode is dominated by IT procurement news. And it’s as irresistible as a twelve-car pileup on the Beltway. We open the news with an exploration of the federal de-listing of Kaspersky Labs, and how seriously government contracts lawyers take such an action (h/t to Michael Mutek for… Continue Reading
Steptoe Cyberlaw Podcast – Interview with Jim Miller
Posted in Cybersecurity and Cyberwar, InternationalIn this episode, we interview Jim Miller, co-chair of a Defense Science Board panel that reported on how the US is postured for cyberconflict and the importance of deterrence. The short answer: deterring cyberconflict is important because our strategic cyberconflict posture sucks. The DSB report is thoughtful, detailed, and troubling. Jim Miller manages to convey… Continue Reading
Steptoe Cyberlaw Podcast – Interview with David Sanger
Posted in China, Cybersecurity and Cyberwar, International, Privacy Regulation, Uncategorized168: Globalizing Censorship Episode 168 features the Tinkers-to-Evers-to-Chance of global censorship, as Filipino contractors earning minimum wage delete posts in order to satisfy US tech companies who are trying to satisfy European governments. In addition to Maury Shenk, our panel of interlocutors includes David Sanger, Chief Washington Correspondent for the New York Times, and Karen… Continue Reading
Steptoe Cyberlaw Podcast – Interview with Kevin Mandia
Posted in Cybersecurity and Cyberwar, Data Breach, InternationalEpisode 166 is the interview that goes with episode 165’s news roundup, released separately to ensure the timeliness of the news. In episode 166, we interview Kevin Mandia, the CEO and Board Director of FireEye, an intelligence-led security company. FireEye recently outed a new cyberespionage actor associated with the Vietnamese government. Kevin tells us how… Continue Reading
Steptoe Cyberlaw Podcast – Interview with Matt Tait
Posted in China, Cybersecurity and Cyberwar, International, Privacy Regulation, Security Programs & PoliciesEpisode 153: Fancy Bear, Cozy Bear, and … Sneaky Bear? In this episode, Matt Tait, aka @PwnAllTheThings, takes us on a tour of Russia’s cyberoperations. Ever wonder why there are three big Russian intel agencies but only two that have nicknames in cybersecurity research? Matt has the answer to this and all your other Russian… Continue Reading
Steptoe Cyberlaw Podcast – News Roundup with Paul Rosenzweig
Posted in Cybersecurity and Cyberwar, International, Security Programs & PoliciesEpisode 152: “Alexa, do you have first amendment rights?” Our guest for episode 152 is Paul Rosenzweig, and we tour the horizon with him. In the news roundup, Stephanie Roy outlines the deregulatory tangle around ISPs, privacy, security, and the FCC. Maury Shenk briefs us on the European legislation authorizing the quashing of terrorist advocacy… Continue Reading
Steptoe Cyberlaw Podcast – Interview with Steven Weber and Betsy Cooper
Posted in Cybersecurity and Cyberwar, InternationalIn this week’s episode, we guess at the near-term future with Betsy Cooper and Steve Weber of UC Berkeley’s Center for Long Term Cybersecurity. In all of their scenarios, the future is awash in personal data; the only question is how it’s used. I argue that it will be used to make us fall in… Continue Reading
Steptoe Cyberlaw Podcast – Interview with Paul Rosenzweig and Shane Harris
Posted in China, Cybersecurity and Cyberwar, Data Breach, Privacy RegulationWe couldn’t resist. This week’s topic is of course President-elect Trump and what his election could mean for All Things Cyber. It features noted cybercommentator Paul Rosenzweig and Daily Beast reporter Shane Harris. In the news, we’re reminded of the old Wall Street saying that bulls and bears can both make money in the market… Continue Reading
Steptoe Cyberlaw Podcast – Interview with John Carlin
Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & PoliciesJohn Carlin leaves Justice: We give him the good news and the bad news. Episode 134 features John Carlin’s swan song as assistant attorney general for national security. We review the highs and lows of his tenure from a cybersecurity point of view and then look to the future, including how the US should respond… Continue Reading
Steptoe Cyberlaw Podcast – News Round-up with Phil West
Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Security Programs & PoliciesIronman meets the Antideficiency Act In episode 129, Alan Cohn and I dive deep on the Government Oversight committee’s predictably depressing and unpredictably entertaining report on the OPM hack. Cheeky Chinese hackers register their control sites to superhero alter egos. And poor, patriotic Cytech finds an intruder during a sales demo, rushes to provide support… Continue Reading
Steptoe Cyberlaw Podcast – News Round-Up
Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & PoliciesEdward Snowden criticizes Russia’s mass surveillance law, and a Russian official retaliates by outing him ‒ as a Russian intelligence source. Silent Circle, the phone company that built its marketing on fear and loathing of the NSA, is nearing bankruptcy. And members of the dominant European Parliament faction are asking the Commission, “Hey! How come… Continue Reading
Steptoe Cyberlaw Podcast – Interview with Patrick Henry, Dan Kaminsky, Kiran Raj, and Dr. Zulfikar Ramzan
Posted in China, Cybersecurity and Cyberwar, International, Privacy Regulation, Security Programs & PoliciesNo holds are barred as a freewheeling panel of cryptographers and security pros duke it out with me and the Justice Department over going dark, exceptional access, and the Apple-FBI conflict. Among the combatants: Patrick Henry, a notable cryptographer with experience at GCHQ, NSA, and the private sector; Dan Kaminsky, the Chief Scientist at White Ops;… Continue Reading
Steptoe Cyberlaw Podcast – Interview with Suzanne Spaulding
Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & PoliciesJust how sophisticated are the nations planning and carrying out cyberattacks on electric grids? Very, is the short answer. Our guest for episode 111, Suzanne Spaulding, DHS’s Under Secretary for the National Protection and Programs Directorate, lays out just how much planning and resources went into the attack on Ukraine’s grid, what it means for… Continue Reading
Steptoe Cyberlaw Podcast – Interview with Susan Munro and Ying Huang
Posted in China, Cybersecurity and Cyberwar, International, Privacy Regulation, Security Programs & PoliciesSteptoe recently held a client briefing in its Palo Alto office to update developments in the Chinese legal and regulatory that are impacting US technology companies operating in China. I took advantage of the event to sneak in a quick discussion with Susan Munro and Ying Huang of Steptoe’s China practice, on how China is… Continue Reading