FAA

Subscribe to FAA


Our interview in this episode is with Glenn Gerstell, freed at last from some of the constraints that come with government service. We cover the Snowden leaks, how private and public legal work differs (hint: it’s the turf battles), Cyber Command, Russian election interference, reauthorization of FISA, and the daunting challenges the US (and its Intelligence Community) will face as China’s economy begins to reinforce its global security ambitions.…

Continue Reading Episode 304: Unfiltered: An interview with NSA’s former general counsel

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

Bloomberg Businessweek’s claim that the Chinese buggered Supermicro motherboards leads off our News Roundup. The story is controversial not because it couldn’t happen and not because the Chinese wouldn’t do it but because the story has been denied by practically everyone close to the controversy, including DHS. Bloomberg Businessweek stands by the story. Maybe it’s time for the law, in the form of a libel action, to ride to the rescue.…

Continue Reading Episode 234: The California Turing Test