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Steptoe Cyberblog

Tag Archives: FISA

Episode 296: Is CCPA short for “Law of Unintended Consequences”?

Posted in European Union, International, Privacy Regulation, Russia

  This week’s episode includes an interview with Bruce Schneier about his recent op-ed on privacy. Bruce and I are both dubious about the current media trope that facial recognition technology was spawned by the Antichrist. He notes that what we are really worried about is a lot bigger than facial recognition and offers ways… Continue Reading

Episode 295: The line between deepfake legislation and deeply fake legislation

Posted in European Union, International, Security Programs & Policies

  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… Continue Reading

Episode 294: Examining the DOJ Inspector General’s FBI-FISA Report

Posted in Security Programs & Policies

  For this special edition of the Cyberlaw Podcast, we’ve convened a panel of experts on intelligence and surveillance legal matters. We take a look at the Department of Justice Inspector General’s report on the FBI’s use of FISA applications – and the many errors in those applications. We also touch on FBI Director Wray’s… Continue Reading

Episode 283: Is intelligence “reform” a self-licking ice cream cone and compliance trap?

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

  Our interview is with Alex Joel, former Chief of the Office of Civil Liberties, Privacy, and Transparency at the Office of the Director of National Intelligence. Alex is now at the American University law school’s Tech, Law, and Security Program. We share stories about the difficulties of government startups and how the ODNI carved… Continue Reading

Episode 239: The Ministry of Silly Talk

Posted in CFIUS, China, International, Security Programs & Policies

  Today’s interview is a deep (and long – over an hour) dive into new investment review regulations for the Committee on Foreign Investment in the United States (CFIUS). It’s excerpted from an ABA panel discussion on the topic, featuring: Tom Feddo, who currently oversees CFIUS; Aimen Mir, who used to oversee CFIUS; Sanchi Jayaram,… Continue Reading

The Cyberlaw Podcast — News Roundup

Posted in China, Cybersecurity and Cyberwar, Privacy Regulation, Russia

214: Dumbest privacy issue of the decade? This episode features a new technology-and-privacy flap. The police finally catch a sadistic serial killer, and the press can’t stop whining about DNA privacy. I argue that DNA privacy is in the running for Dumbest Privacy Issue of the Decade. Because privacy is all about making sure the police can’t… Continue Reading

The Cyberlaw Podcast – Interview with Glenn Gerstell

Posted in Privacy Regulation, Security Programs & Policies

Episode 203: Interview with Glenn Gerstell This episode consists of Jamil Jaffer and I interviewing Glenn Gerstell, the General Counsel of the National Security Agency. Glenn explains what it was like on the inside of the effort to reauthorize section 702 of FISA. Jamil and I ask him whether the FISA court has the authority to deal… 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 United States Senator Sheldon Whitehouse

Posted in Cybersecurity and Cyberwar, Security Programs & Policies

Episode 190: Interview with United States Senator Sheldon Whitehouse In our 190th episode Stewart Baker has a chance to interview United States Senator Sheldon Whitehouse (D-RI) has a long history of engagement with technology and security issues.  In this episode, we spend a remarkably detailed half-hour with him, covering the cybersecurity waterfront, from the FBI’s… 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

Interview with Rebecca Richards and Elizabeth Goitein

Posted in Data Breach, International, Privacy Regulation

Episode 178: The Evil Dolphin Episode The Cyberlaw Podcast kicks off a series exploring section 702 – the half-US/half-foreign collection program that has proven effective against terrorists while also proving controversial with civil liberties groups.  With the program due to expire on December 31, we’ll examine the surveillance controversies spawned by the program. Today, we… 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 – Interview with Orin Kerr

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

Does the FISA court perform a recognizably judicial function when it reviews 702 minimization procedures for compliance with the fourth amendment?  Our guest for episode 115 is Orin Kerr, GWU professor and all-round computer crime guru, and Orin and I spend a good part of the interview puzzling over Congress’s mandate that the FISA court… Continue Reading

Steptoe Cyberlaw Podcast – Interview with General Hayden

Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies, Virtual Currency

Our guest for episode 114 is General Michael Hayden, former director of the NSA and CIA; he also confirms that he personally wrote every word of his fine book, Playing to the Edge: American Intelligence in the Age of Terror.   In a sweeping interview, we cover everything from Jim Comey’s performance at the AG’s hospital… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Patrick Henry, Dan Kaminsky, Kiran Raj, and Dr. Zulfikar Ramzan

Posted in China, Cybersecurity and Cyberwar, International, Privacy Regulation, Security Programs & Policies

No holds are barred as a freewheeling panel of cryptographers and security pros duke it out with me and the Justice Department over going dark, exceptional access, and the Apple-FBI conflict.  Among the combatants:  Patrick Henry, a notable cryptographer with experience at GCHQ, NSA, and the private sector; Dan Kaminsky, the Chief Scientist at White Ops;… Continue Reading

Steptoe Cyberlaw Podcast – Interview with Joanne McNabb

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

Our guest this week is Joanne McNabb, Director of Privacy Education and Policy for the California Attorney General’s Office.  Joanne discusses the findings and recommendations in the recently released 2014 California Data Breach Report.  She also offers insight into some of the key factors the Attorney General’s Office considers in deciding whether or not to… Continue Reading