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

We open the episode with David Kris’s thoughts on the two-years-late CFIUS investigation of TikTok, its Chinese owner, ByteDance, and ByteDance’s US acquisition of the lip-syncing company Musical.ly. Our best guess is that this unprecedented reach-back investigation will end in a more or less precedented mitigation agreement.

Continue Reading Episode 285: ByteDance bitten by CFIUS

With apologies for the late post, Episode 263 of The Cyberlaw Podcast tells the sad tale of another US government leaker who unwisely trusted The Intercept not to compromise its source. As Nick Weaver points out, The Intercept also took forever to actually report on some of the material it received.

In other

Our News Roundup is hip deep in China stories. The inconclusive EU – China summit gives Matthew Heiman and me a chance to explain why France understands – and hates – China’s geopolitical trade strategy more than most.

Maury Shenk notes that the Pentagon’s reported plan to put a bunch of Chinese suppliers on a blacklist is a bit of a tribute to China’s own list of sectors not open to Western companies. In other China news, Matthew discloses that there’s reason to believe that China has finally begun to use all the US personnel data it stole from OPM. I’m so worried it may yet turn my hair pink, at least for SF-86 purposes.

And in a sign that it really is better to be lucky than to be good, Matthew and I muse on how the Trump Administration’s China policy is coinciding with broader economic trends to force US companies to reconsider their reliance on Chinese manufacturing.

Continue Reading Episode 259: Why France understands Chinese policy better than the rest of us

If you get SMS messages on your phone and think you have two-factor authentication, you’re kidding yourself. That’s the message Nick Weaver and David Kris extract from two stories we cover in this week’s episode of The Cyberlaw Podcast – DOJ’s indictment of a couple of kids whose hacker chops are modest but whose social engineering skillz are remarkable. They used those skills to bribe or bamboozle phone companies into changing the phone numbers of their victims, allowing them to intercept all the two-factor authentication they needed to steal boatloads of cryptocurrency. For those with better hacking chops than social skills, there’s always exploitation of SS7 vulnerabilities, which allow interception of text messages without all the muss and fuss of changing SIM cards.

Continue Reading Episode 250: We give you Weaver

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 and other intelligence collection, Britain’s view of how the law of war applies in cyberspace, the prospects for UN talks on that topic, the value of attribution, and whether a national security agency should be responsible for civilian cybersecurity (the UK says yes, the US says no).

Continue Reading Episode 235: It’s a Bird, It’s a Plane, It’s … Doug?

Patt Cannaday and Stewart Baker
Patt Cannaday and Stewart Baker

In this episode, Bobby Chesney explains the rapid emergence of undetectably forged videos. They’re not here yet, but before we’re ready the Internet will be awash with fake revenge porn, fake human rights atrocities, and fake political scandals. Our talk revolves around a recent paper by Bobby and Danielle Citron. I confess to having seriously considered federal support for a fake video involving Osama bin Laden and kumquats (not what you’re thinking, though that would have been good, too). Bobby and I discuss the ways in which the body politic – and particular political bodies – might protect themselves. This leads Bobby to propose a special Cyberlaw Podcast mug for best listener suggestions for what tattoo – and where – I should get as my last line of defense. He’s on. Send them to CyberlawPodcast@steptoe.com.

Continue Reading Episode 227: Defending against deep fakes with lifelogs, watermarks … and tatts?

Our guest is Amit Ashkenazi, whom I interviewed while in Israel.  Amit is Legal Advisor of The Israel National Cyber Bureau and a former general counsel to Israel’s data protection agency.  Israel is drafting its own cybersecurity act, and we discuss what if anything that country can learn from the US debate – and what the US can learn from Israel’s cybersecurity experience.  We explore the challenges Israel will face in trying to start a new cybersecurity agency, how Israel strikes the balance between security and privacy, the risks of using contractors to staff a new agency, the danger of stating agency authorities with too much specificity, and why the agency is likely to look more like DHS than the FBI.
Continue Reading Steptoe Cyberlaw Podcast – Interview with Amit Ashkenazi

Still trying to dig out from under our hiatus backlog, we devote episode 80 to our regulars.  We’ll bring back a guest next week.  This week it’s a double dose of Jason Weinstein, Michael Vatis, Stewart Baker, and Congress-watcher Doug Kantor.

Michael offers an analysis of the Second Circuit’s oral argument

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