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

It’s a law-heavy tech news week, so this episode is all news. If you come for the interviews, though, do not fear.  We’ll be releasing episode 333 tomorrow, and it’s all interview, as I talk with David Ignatius about the tech issues in his latest spy novel, The Paladin.

To kick things off,

In this episode, Jamil Jaffer, Bruce Schneier, and I mull over the Treasury announcement that really raises the stakes even higher for ransomware victim.  The message from Treasury seems to be that if the ransomware gang is the subject of OFAC sanctions, as many are, the victim needs to call Treasury

In our 326th episode of the Cyberlaw Podcast, Stewart Baker interviews Lauren Willard, who serves as Counselor to the Attorney General. Stewart is also joined Nick Weaver (@ncweaver), David Kris (@DavidKris), and Paul Rosenzweig (@RosenzweigP).

Our interview this week focuses on section 230 of the Communications Decency Act and features Lauren Willard,

Peter Singer continues his excursion into what he calls “useful fiction” – thrillers that explore real-world implications of emerging technologies – in Burn-In: A Novel of the Real Robotic Revolution, to be released May 26, 2020. This interview explores a thoroughly researched (and footnoted!) host of new technologies, many already in production or on the horizon, all packed inside a plot-driven novel. The book is a painless way to understand what these technologies make possible and their impact on actual human beings. And the interview ranges widely over the policy implications, plus a few plot spoilers.


Continue Reading Episode 316: Our AI Future – Sexbots, Toilet Drones, and Robocops?

The Cyberspace Solarium Commission’s report was released into the teeth of the COVID-19 crisis and hasn’t attracted the press it probably deserved. But the commissioners included four sitting Congressmen who plan to push for adoption of its recommendations. And the Commission is going to be producing more material – and probably more press attention – over the coming weeks. In this episode, I interview Sen. Angus King, co-chair of the Commission, and Dr. Samantha Ravich, one of the commissioners.

We focus almost exclusively on what the Commission’s recommendations mean for the private sector. The Commission has proposed a remarkably broad range of cybersecurity measures for business. The Commission recommends a new products liability regime for assemblers of final goods (including software) who don’t promptly patch vulnerabilities. It proposes two new laws requiring notice not only of personal data breaches but also of other significant cyber incidents. It calls for a federal privacy and security law – without preemption. It updates Sarbanes-Oxley to include cybersecurity principles. And lest you think the Commission is in love with liability, it also proposed liability immunities for critical infrastructure owners operating under government supervision during a crisis. We cover all these proposals, plus the Commission’s recommendation of a new role for the Intelligence Community in providing support to critical US companies.


Continue Reading Episode 311: What the Cyberspace Solarium Report Means for the Private Sector

We interview Ben Buchanan about his new book, The Hacker and the State: Cyber Attacks and the New Normal of Geopolitics. This is Ben’s second book and second interview on the podcast about international conflict and cyber weapons. It’s safe to say that America’s strategic posture hasn’t improved. We face more adversaries with more tools and a considerably greater appetite for cyber adventurism. Ben recaps some of the stories that were undercovered in the US press when they occurred. The second large attack on Ukraine’s grid, for example, was little noticed during the US election of 2016, but it appears more ominous after a recent analysis of the tools used, and perhaps most importantly, those available to the GRU but not used. Meanwhile, the US is not making much progress in cyberspace on the basic requirement of a great power, which is making our enemies fear us.


Continue Reading Episode 301: Ratchet to Disaster