Our interview this week is with Chris Bing, a cybersecurity reporter with Reuters, and John Scott-Railton, Senior Researcher at Citizen Lab and PhD student at UCLA. John coauthored Citizen Lab’s report last week on BellTroX and Indian hackers for hire, and Chris reported for Reuters on the same organization’s activities –

This episode features an in-depth (and occasionally contentious) interview with Bart Gellman about his new book, Dark Mirror: Edward Snowden and the American Surveillance State, which can be found on his website and on Amazon. I’m tagged in the book as having been sharply critical of Gellman’s Snowden stories, and I live

This episode features a lively (and – fair warning – long) interview with Daphne Keller, Director of the Program on Platform Regulation at Stanford University’s Cyber Policy Center. We explore themes from her recent paper on regulation of online speech. It turns out that more or less everyone has an ability to restrict users’ speech online, and pretty much no one has both authority and an interest in fostering free-speech values. The ironies abound: Conservatives may be discriminated against, but so are Black Lives Matter activists. In fact, it looks to me as though any group that doesn’t think it’s the victim of biased content moderation would be well advised to scream as loudly about censorship or the others for fear of losing the victimization sweepstakes. Feeling a little like a carny at the sideshow, I serve up one solution for biased moderation after another, and Daphne methodically shoots them down. Transparency? None of the companies is willing, and the government may have a constitutional problem forcing them to disclose how they make their moderation decisions. Competition law? A long haul, and besides, most users like a moderated Internet experience. Regulation? Only if we take the First Amendment back to the heyday of broadcast regulation. As a particularly egregious example of foreign governments and platforms ganging up to censor Americans, we touch on the CJEU’s insufferable decision encouraging the export of European defamation law to the US – with an extra margin of censorship to keep the platform from any risk of liability. I offer to risk my Facebook account to see if that’s already happening.


Continue Reading Episode 302: Will the First Amendment Kill Free Speech in America?

 

The next trade war will be over transatlantic data flows, and it will make the fight with China look like a picnic. That’s the subject of this episode’s interview. The European Court of Justice is poised to go nuclear – to cut off US companies’ access to European customer data unless the US lets European courts and data protection agencies refashion its intelligence capabilities according to standards no European government has ever been required to meet. It is Europe in full neocolonial mode, but it has sailed below the radar, disguised as an abstruse European legal fight. Maury Shenk and I interview Peter Swire on the Schrems cases that look nearly certain to provoke a transatlantic trade and intelligence crisis. Actually, Maury interviews Peter, and I throw bombs into the conversation. But if ever there were a cyberlaw topic that deserves more bomb-throwing, this is it.


Continue Reading Episode 299: The European Court of Justice Is About to Kick Off a Massive US-EU Trade War

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.


Continue Reading Episode 298: Bill Barr as Bogeyman

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 guest for episode 119 is Kevin Kelly, founding executive editor of Wired Magazine and author of The Inevitable: Understanding the 12 Technological Forces that will Shape our Future.  Kevin and I share many views – from skepticism about the recording industry’s effort to control their digital files to a similar skepticism about EFF’s effort to control private data – but he is California sunny and I am East Coast dark about where emerging technology trends are taking us.  The conversation ranges from Orwell and the Wayback Machine to the disconcerting fluidity and eternal noobie-ness of today’s technological experience.  In closing Kevin sketches a quick but valuable glimpse of where technology could take us if it comes from Shenzhen rather than Mountain View, as it likely will.
Continue Reading Steptoe Cyberlaw Podcast – Interview with Kevin Kelly

Dmitri AlperovitchRansomware is the new black.  In fact, it’s the new China.  So says our guest for episode 116, Dmitri Alperovitch, the CTO and co-founder of CrowdStrike.  Dmitri explains why ransomware is so attractive financially – and therefore likely to get much worse very fast.  He and I also explore the implications and attribution of the big bank hacks in Vietnam and Bangladesh.
Continue Reading Steptoe Cyberlaw Podcast – Interview with Dmitri Alperovitch

Stephanie Roy, Siobhan Gorman, Stewart Baker

Our guest for Episode 56 of the Cyberlaw Podcast is Siobhan Gorman, who broke many of the top cybersecurity stories for the Wall Street Journal until she left late last year to join the Brunswick Group, which does crisis communications for private companies.  Siobhan comments on the flood of attribution stories in recent days,

Our guest is one of the most highly regarded cybercrime prosecutors in the country – John Lynch, the Chief of the Computer Crime and Intellectual Property Section (CCIPS) in DOJ’s Criminal Division.  Among other things, John talks about how DOJ is organized to investigate and prosecute cybercrime and about its efforts to strengthen partnerships with