Our interview in this episode is with Michael Daniel, formerly the top cybersecurity adviser in the Obama NSC and currently the CEO of the Cyber Threat Alliance. Michael lays out CTA’s mission. Along the way he also offers advice to the Biden cyber team – drawing in part on the wisdom of Henry
This is my favorite story of the episode. David Kris covers a report from the Privacy and Civil Liberties Oversight Board on the enormous value that European governments get in fighting terrorism from the same American surveillance programs that European institutions have been fighting for twenty years to shut down. It’s a delightful takedown…
Another week, another Trump administration initiative to hasten the decoupling from China. As with MIRV warheads, the theory seems to be that the next administration can’t shoot them all down. Brian Egan lays out this week’s initiative, which lifts from obscurity a DoD list of Chinese military companies and excludes them from U.S. capital…
In this episode, I interview Thomas Rid about his illuminating study of Russian disinformation, Active Measures: The Secret History of Disinformation and Political Warfare. It lays out a century of Soviet, East European, and Russian disinformation, beginning with an elaborate and successful operation against the White Russian expatriate resistance to Bolshevik rule in the 1920s. Rid has dug into recently declassified material using digital tools that enable him to tell previously untold tales – the Soviets’ remarkable success in turning opposition to US nuclear missiles in Europe into a mass movement (and the potential shadow it casts on the legendary Adm. Hyman Rickover, father of the US nuclear navy), the unimpressive record of US disinformation compared to the ruthless Soviet version, and the fake American lobbyist (and real German agent) who persuaded a German conservative legislator to save Willy Brandt’s leftist government. We close with two very different predictions about the kind of disinformation we’ll see in the 2020 campaign.
David Kris, Paul Rosenzweig, and I dive deep on the big tech issue of the COVID-19 contagion: Whether (but mostly how) to use mobile phone location services to fight the virus. We cover the Israeli approach, as well as a host of solutions adopted in Singapore, Taiwan, South Korea, and elsewhere. I’m a big fan of Singapore, which produced in a week an app that Nick Weaver thought would take a year.
In our interview, evelyn douek, currently at the Berkman Klein Center and an SJD candidate at Harvard, takes us deep into content moderation. Displaying a talent for complexifying an issue we all want to simplify, she explains why we can’t live with social platform censorship and why we can’t live without it. She walks us through the growth of content moderation, from spam, through child porn, and on to terrorism and “coordinated inauthentic behavior” – the identification of which, evelyn assures me, does not require an existentialist dance instructor. Instead, it’s the latest and least easily defined category of speech to be suppressed by Big Tech. It’s a mare’s nest, but I, for one, intend to aggravate our new Tech Overlords for as long as possible.
In breaking news from 1995, the Washington Post takes advantage of a leaked CIA history paper to retell the remarkable tale of Crypto AG, a purveyor of encryption products to dozens of governments – and allegedly a wholly controlled subsidiary of US and German intelligence. Nick Weaver, Paul Rosenzweig, and I are astonished at the derring-do and unapologetic enthusiasm for intelligence collection. I mean, really: The Pope?
This week’s interview is with Jonathan Reiber, a writer and strategist in Oakland, California, and former Chief Strategy Officer for Cyber Policy and Speechwriter at the Department of Defense, currently senior advisor at Technology for Global Security and visiting scholar at the UC Berkeley Center for Long-Term Cybersecurity. His recent report offers a candid view of strained relations between Silicon Valley and the Pentagon. The interview explores the reasons for that strain, the importance of bridging the gap, and how that can best be done.
Nick Weaver and I debate Sens. Graham and Blumenthal’s EARN IT Act, a proposal to require that social media firms follow best practices on preventing child abuse. If they don’t, they won’t get full Section 230 immunity from liability for recklessly allowing the abuse. Nick thinks the idea is ill-conceived and doomed to fail. I think there’s a core of sense to the proposal, which simply asks that Silicon Valley firms who are reckless about child abuse on their networks pay for the social costs they’re imposing on society. Since the bill gives the attorney general authority to modify the best practices submitted by a commission of industry, academic, and civic representatives, critics are sure that the final product will reduce corporate incentives to offer end-to-end encryption.
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.
For this special edition of the Cyberlaw Podcast, we’ve convened a panel of experts on intelligence and surveillance legal matters. We take a look at the Department of Justice Inspector General’s report on the FBI’s use of FISA applications – and the many errors in those applications. We also touch on FBI Director Wray’s response, as well as a public order issued by the Foreign Intelligence Surveillance Court. We wrap up with thoughts on how to resolve some of the issues identified by the IG’s report and suggestions for improving the FISA process.