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Steptoe Cyberblog

Tag Archives: EU

European Data Protection Board Adopts Draft Guidelines on Territorial Scope of General Data Protection Regulation (GDPR)

Posted in Data Breach, European Union, International, Security Programs & Policies

The European Data Protection Board (EDPB) is an independent advisory body, established by the GDPR, that issues guidelines, recommendations, and best practices for the application of the GDPR. At its Third Plenary on September 26, the EDPB adopted new draft guidelines on the GDPR’s territorial scope. These guidelines should help provide a common interpretation of… Continue Reading

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

Posted in China, Cybersecurity and Cyberwar, European Union

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… Continue Reading

The Cyberlaw Podcast — Interview with Megan Stifel

Posted in China, European Union, International, Privacy Regulation, Russia

Episode 222: In which I get to play that guy in line for the movie with Woody Allen Our interview is with Megan Stifel, whose paper for Public Knowledge offers a new way of thinking about cybersecurity measures, drawing by analogy on the relative success of sustainability initiatives in spurring environmental consciousness. She holds up… Continue Reading

The Cyberlaw Podcast – News Roundup

Posted in China, International, Privacy Regulation, Security Programs & Policies

Episode 218: The Mugshots.com Case: California Crazy Meets European Crazy In this episode, Markham Erickson highlights the Mugshots.com prosecution. The site had a loathsome business model, publishing mugshots for free and charging hundreds of bucks to people who wanted the record of their arrests taken down. Now the owners are being prosecuted in a case… Continue Reading

The Final Countdown – The EU General Data Protection Regulation

Posted in Data Breach, European Union, Privacy Regulation

The EU General Data Protection Regulation (GDPR) comes into force on May 25, 2018. The GDPR makes many important changes to European Union (EU) data protection law, but it is not a complete departure from existing principles. Many of the concepts with which organizations are familiar will continue to apply under the GDPR. Thus, the… Continue Reading

The Cyberlaw Podcast — News Roundup

Posted in Cybersecurity and Cyberwar, European Union, Privacy Regulation

Episode 213: RSA in 5 minutes In a news-only episode, we get a cook’s tour of the RSA conference from attendees Paul Rosenzweig, Jim Lewis, and Stewart Baker. Short version: Top trends we saw at RSA: more nations attacking cybersecurity firms over attribution, more companies defending themselves outside their own networks (aka hackback), and growing (if still… Continue Reading

GDPR: Belgium sets up new Data Protection Authority

Posted in Data Breach, European Union, International, Privacy Regulation

On 10 January, the Belgian Gazette published the Law of 3 December 2017 “setting up the authority for data protection” (the Law). The Law is the first legal text in Belgium applying various provisions of the EU’s General Data Protection Regulation (GDPR). Under the GDPR, EEA Member States must provide for one or more independent… Continue Reading

EU Court Denies Class Action for Data Protection in Schrems vs. Facebook Ireland Ltd – A Short-Lived Respite Until GDPR?

Posted in European Union, International, Privacy Regulation

In its judgment of January 26, the European Court interpreted EU rules on jurisdiction in a dispute referred from the Austrian Supreme Court between a ‘consumer’ – Maximilian Schrems – and Facebook Ireland Limited. The Court would not accept the consumer’s choice of forum for a class-action type proceeding and held that, when interpreting EU… Continue Reading

European Commission Keeps Up Pressure On GDPR

Posted in Data Breach, European Union, International, Privacy Regulation

The EU General Data Protection Regulation (GDPR) will apply to businesses operating in the EU from 25 May 2018 – in 100 days’ time. Senior Commissioners Ansip (Digital Single Market) and Jourová (Justice) yesterday announced guidelines and other materials to “facilitate a direct and smooth application of the new data protection rules across the EU [and beyond]… Continue Reading

The Cyberlaw Podcast — Interview with Rob Reid

Posted in Cybersecurity and Cyberwar, European Union, International

Episode 194: Mass Bioterrorism, Runaway Artificial Intelligence, and Other Romps with Rob Reid Our interview this week is with Rob Reid, author of After On and Year Zero, two books that manage to translate serious technology nightmares into science fiction romps.  We cover a lot of ground: synbio and giving eighth graders the tools for… Continue Reading

The Cyberlaw Podcast – Interview with Chris Painter

Posted in European Union, Privacy Regulation

Episode 188: Putting the “F” in FISA: Bipartisan Extremism and the Road to 1997 In this episode, Brian Egan and I deconstruct the endlessly proliferating “FISA 702 Reform” bills, from the irresponsible House Judiciary bill to the “I’ll see your irresponsible and raise you crazy” bipartisan extremist bill beloved of Sens. Wyden and Paul (and talk… Continue Reading

The Cyberlaw Podcast – Interview with Michael Mainelli

Posted in Blockchain, European Union, International, Virtual Currency

Episode 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, International

Episode 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 Jim Miller

Posted in Cybersecurity and Cyberwar, International

In 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 Ellen Nakashima

Posted in Data Breach, International, Security Programs & Policies

Episode 171.  Implants in the Kremlin’s Snack Machines? Our guest, Ellen Nakashima, was coauthor of a Washington Post article that truly is a first draft of history, though not a chapter the Obama administration is likely to be proud of.  She and Greg Miller and Adam Entous chronicle the story of Russia’s information operations attack… Continue Reading

Steptoe Cyberlaw Podcast – Interview with David Sanger

Posted in China, Cybersecurity and Cyberwar, International, Privacy Regulation, Uncategorized

168: 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 – News Roundup

Posted in China, Cybersecurity and Cyberwar, International

Episode 165 is a WannaCry Festivus celebration, as The Airing of Grievances overtakes The Patching of Old Machines. Michael Vatis joins me in identifying all the entities who’ve been blamed for WannaCry, starting with Microsoft for not patching Windows XP until after the damage was done.  (We exonerate Microsoft on that count.) Another candidate for… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Tim Maurer

Posted in Data Breach, International, Security Programs & Policies

Episode 164: Stewart on the Road to Tarsus Episode 164 features Stewart Baker’s startling change of heart on the question of cyberspace norms. Credit goes to our interview guest, Tim Maurer, Fellow and co-director of the Cyber Policy Initiative at the Carnegie Endowment for International Peace. And perhaps as well to Brian Egan, former Legal… Continue Reading

Steptoe Cyberlaw Podcast — News Roundup

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

Episode 161: News Roundup In this episode, Alan Cohn and Maury Shenk look at questions in Europe and elsewhere in Stewart’s absence.  Maury delves into why Google was ordered to turn over foreign data accessible from US, a decision that seems at odds with the Microsoft Ireland case.  Alan considers claims made by David Sanger… Continue Reading

Steptoe Cyberlaw Podcast – Debate with Greg Nojeim and Jamil Jaffer

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

155: Debating Hackback Episode 155 of the podcast offers something new:  equal time for opposing views.  Well, sort of, anyway.  In place of our usual interview, we’re running a debate over hacking back that CSIS sponsored last week.  I argue that US companies should be allowed to hack back; I’m opposed by Greg Nojeim, Senior… Continue Reading

Steptoe Cyberlaw Podcast – News Roundup with Paul Rosenzweig

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

Episode 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

2017 Global Cybersecurity Policy: Challenges & Highlights

Posted in Cybersecurity and Cyberwar, International

The growing dependence of states and societies on ICT systems means they face a higher risk of cyberattacks. Increasingly sophisticated hacking attacks target not only individual people and companies, but also highly developed countries. Although cyberattacks can have disastrous consequences, research shows that we still miss the mark in preparedness. Acknowledging the magnitude of the risk, global… Continue Reading