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Steptoe Cyberblog

Tag Archives: Data Breach

Steptoe Cyberlaw Podcast – Interview with Ed Hammersla and Brian White

Posted in Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

Episode 126 – The podcast goes to the conventions If Vladimir Putin can do it, so can we. This week the podcast dives deep into the US presidential campaign. I of course talk with Maury Shenk about evidence that the Russians are behind “Guccifer 2.0” and the DNC data leak – aided by a Wikileaks… Continue Reading

Steptoe Cyberlaw Podcast – News Round-Up with Paul Rosenzweig

Posted in Cybersecurity and Cyberwar, Data Breach, International, Security Programs & Policies

European hypocrisy on data protection is a lot like the weather.  Everyone complains about it but no one does anything about it.  Until today. In episode 120, we announce the launch of the Europocrisy Prize.  With the support of TechFreedom, we’re seeking tax deductible donations for a prize designed to encourage the proliferation of Schrems-style litigation,… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Patrick Gray

Posted in Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

Our guest, Patrick Gray, is the host of the excellent Risky Business security podcast.  He introduces us to the cybersecurity equivalent of decapitation by paper cut and offers a technologist’s take on multiple policy and legal issues.  In the news roundup, Michael explains the many plaintiff-friendly rulings obtained by the banks suing Home Depot over… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Dmitri Alperovitch

Posted in Blockchain, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies, Virtual Currency

Ransomware is the new black.  In fact, it’s the new China.  So says our guest for episode 116, Dmitri Alperovitch, the CTO and co-founder of CrowdStrike.  Dmitri explains why ransomware is so attractive financially – and therefore likely to get much worse very fast.  He and I also explore the implications and attribution of the… Continue Reading

Cyber-Liability Insurance and the Retroactive Date Exclusion

Posted in Data Breach

Our colleague, Stephen O’Donnell, authored a blog post published by The D&O Diary.  In it, he discusses two particular standard features of cyber liability insurance policies, the retroactive date and policy inception date exclusions, and the potential for these exclusions to preclude coverage for the very kind of exposures that are the reasons most purchasers buy… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Eric Jensen

Posted in Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

European news and sensibilities dominate episode 112.  I indulge in some unseemly gloating about Europe’s newfound enthusiasm for the PNR data it wasted years of my life trying to negotiate out of the US counterterrorism toolbox.  I pester our guest, Eric Jensen, about his work on the Talinn 2.0 manual covering the law of cyberwar;… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Suzanne Spaulding

Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

Just 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 Perianne Boring

Posted in Blockchain, Cybersecurity and Cyberwar, Data Breach, Privacy Regulation, Security Programs & Policies, Virtual Currency

In episode 109, we interview Perianne Boring of the Chamber of Digital Commerce on the regulatory challenges of bitcoin and the blockchain.  In the news roundup, we bring back Apple v. FBI for what we hope will be one last round, as the San Bernardino magistrate voids her All Writs Act motion for mootness and… Continue Reading

Steptoe Cyberlaw Podcast – Hostfull II

Posted in Cybersecurity and Cyberwar, Data Breach, Privacy Regulation, Security Programs & Policies

Due to technical difficulties, the interview for the 103rd episode will be released as a separate post next week.   In the news roundup, we explore Apple’s brief against providing additional assistance to the FBI in its investigation of the San Bernardino killings.  Michael Vatis finds good and bad in the brief – some entirely plausible arguments… Continue Reading

Second Annual Triple Entente Beer Summit

Posted in Cybersecurity and Cyberwar, Data Breach, Privacy Regulation, Security Programs & Policies

Next  Thursday, February 18, from 6:00 pm – 9:00 pm, Alan Cohn and I will be speaking at the “2016 Triple Entente Beer Summit” at the Old Engine 12 Firehouse Restaurant (1626 North Capitol Street Northwest, Washington, DC).  This will be the second annual live recording of the three podcasts – Steptoe Cyberlaw Podcast, Lawfare Podcast, and Rational… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Melanie Teplinsky

Posted in Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

If there really is another crypto war in Washington, then this week’s podcast features several war correspondents and at least one victim of PTSD.  Our guest is Melanie Teplinsky, former cybersecurity lawyer at Steptoe, adjunct professor at American University’s Washington College of Law, advisory board member for Crowdstrike, and a regular columnist on privacy and… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Rod Beckstrom

Posted in Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

Our guest for episode 93 is cybersecurity’s Renaissance Man.  Rod Beckstrom started DHS’s National Cybersecurity Center, then headed ICANN; before and after those gigs, he was a Silicon Valley investor and officer in security startups as early as the 1990s and as recently as this year.  Our interview spans Rod’s career and what it has… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Jack Goldsmith

Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

In episode 84 our guest is Jack Goldsmith, Professor at Harvard Law School, a Senior Fellow at the Hoover Institution at Stanford University, and co-founder of the Lawfare blog.  Before coming to Harvard, he served as Assistant Attorney General, Office of Legal Counsel and Special Counsel to the Department of Defense.  From cyberespionage to the… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Margie Gilbert

Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

Episode 81 features China in the Bull Shop, as the White House prepares for President Xi’s visit and what could be ugly talks on cyber issues.  Our guest commentator, Margie Gilbert, is a network security professional with service at NSA, CIA, ODNI, Congress, and the NSC.  Now at Team Cymru, she’s able to offer a… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Peter Singer

Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

The cyberlaw podcast is back from hiatus with a bang.  Our guest is Peter Singer, author of Ghost Fleet, a Tom Clancy-esque thriller designed to illustrate the author’s policy and military chops.  The book features a military conflict with China that uses all the weapons the United States and China are likely to deploy in… Continue Reading

Does Your CEO Know What’s Keeping You Up at Night?

Posted in Cybersecurity and Cyberwar, Data Breach

Security Magazine’s Security Talk interviewed us on how we help clients navigate cybersecurity issues.  In the article, “Does Your CEO Know What’s Keeping You Up at Night?,” we discuss how a company’s ability to weather a cyber attack depends in part on the decisions the company makes both before a breach occurs and in the immediate… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Dan Kaminsky

Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

Our guest for Episode 70 of the Cyberlaw Podcast is Dan Kaminsky, a famous cybersecurity researcher who found and helped fix a DNS security flaw.  Dan is now the Chief Scientist at WhiteOps, but I got to know him in an unlikely-bedfellows campaign against SOPA because of its impact on DNS security.  Dan and I… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Julian Sanchez

Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

Our guests for Episode 68 include Julian Sanchez, senior fellow at the CATO Institute where he studies issues at the busy intersection of technology, privacy, and civil liberties, with a particular focus on national security and intelligence surveillance. They also include the entire May meeting of ISSA- NOVA, which kindly invited the Cyberlaw Podcast to… Continue Reading

Cyber Risks Facing Health Insurers

Posted in Cybersecurity and Cyberwar, Data Breach, Privacy Regulation, Security Programs & Policies

I recently did a guest a blog for ID Experts regarding the cyber risks facing health insurers in the wake of the Anthem and Premera breaches.  The post, “More Health Insurer Data Breaches Are Coming – What Can You Do to Prepare?,” provides an overview of what other health insurers can do to mitigate their… Continue Reading

Triple Entente Beer Summit

Posted in Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

I hope you will join us on Thursday, May 7 from 6:00 pm – 9:00 pm for the “Triple Entente Beer Summit” at The Washington Firehouse (1626 North Capitol Street Northwest, Washington, DC).  This live recording of the three podcasts – Steptoe Cyberlaw Podcast, Lawfare Podcast, and Rational Security – will be your chance to meet… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Alan Cohn

Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies

Our guest for episode 63 of the Cyberlaw Podcast is Alan Cohn, former Assistant Secretary for Strategy, Planning, Analysis & Risk in the DHS Office of Policy and a recent addition at Steptoe.  Alan brings to bear nearly a decade of experience at DHS to measure the Department’s growth.  He explains how it has undertaken… Continue Reading

Treasury Sanctions on Cyber Attackers

Posted in Cybersecurity and Cyberwar, Data Breach, Security Programs & Policies

The executive order allowing the President to impose OFAC sanctions on hackers is good news.  I’ve been calling on the government for several years to go beyond attribution to retribution.  See, for example this post from 2012, this Foreign Policy article, and this recent podcast with Juan Zarate.  Similar sentiments were expressed in a 2013 report… Continue Reading

Why Tort Liability Won’t Produce Good Cybersecurity

Posted in Data Breach, Security Programs & Policies

Government policymakers have been hoping for twenty years that companies will be driven to good cybersecurity by the threat of tort liability. That hope is understandable. Tort liability would allow government to get the benefit of regulating cybersecurity without taking heat for imposing restrictions directly on the digital economy. Those who see tort law as… Continue Reading