This episode features an interview on the Bezos phone flap with David Kaye and Alex Stamos. David is a UN Special Rapporteur and clinical professor of law at UC Irvine who first drew attention to an FTI Consulting report concluding that the Saudis did hack Bezos’ phone. Alex is director of the Stanford Internet Observatory and was the CSO at Facebook; he thinks the technical case against the Saudis needs work, and he calls for a supplemental forensic review of the phone.


Continue Reading Episode 297: Did the Saudi Crown Prince hack Jeff Bezos’s phone?

There’s a fine line between legislation addressing deepfakes and legislation that is itself a deep fake. Nate Jones reports on the only federal legislation addressing the problem so far. I claim that it is well short of a serious regulatory effort – and pretty close to a fake law.

In contrast, India seems serious about imposing liability on companies whose unbreakable end-to-end crypto causes harm, at least to judge from the howls of the usual defenders of such crypto. David Kris explains how the law will work. I ask why Silicon Valley gets to impose the externalities of encryption-facilitated crime on society without consequence when we’d never allow tech companies to say that society should pick up the tab for their pollution because their products are so cool. In related news, the FBI may be turning the Pensacola military terrorism attack into a slow-motion replay of the San Bernardino fight with Apple, this time with more top cover.


Continue Reading Episode 295: The line between deepfake legislation and deeply fake legislation

This Week in the Great Decoupling: The Commerce Department has rolled out proposed telecom and supply chain security rules that never once mention China. More accurately, the Department has rolled out a sketch of its preliminary thinking about proposed rules. Brian Egan and I tackle the substance and history of the proposal and conclude that the government is still fighting about the content of a policy it’s already announced. And to show that decoupling can go both ways, a US-based chip-tech group is moving to Switzerland to reassure its Chinese participants. Nick Weaver and I conclude that there’s a little less here than Reuters seems to think.


Continue Reading Episode 290: The Right to be Forgotten Shoots the Shark

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

Interview 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

Episode 190: Interview with United States Senator Sheldon Whitehouse

In our 190th episode Stewart Baker has a chance to interview United States Senator Sheldon Whitehouse (D-RI) has a long history of engagement with technology and security issues.  In this episode, we spend a remarkably detailed half-hour with him, covering the cybersecurity waterfront, from the

Episode 187:  Interviewing Tom Bossert

I had a chance to talk to Tom Bossert, President Trump’s Homeland Security Adviser, on the record, and we’re releasing the conversation as a bonus episode of the Cyberlaw Podcast. The talk ranges from Peggy Noonan’s observations on White House staff work to the vast improvement in the West Wing’s