This episode features an interview on the Bezos phone flap with David Kaye and Alex Stamos. David is a UN Special Rapporteur and clinical professor of law at UC Irvine who first drew attention to an FTI Consulting report concluding that the Saudis did hack Bezos’ phone. Alex is director of the Stanford Internet Observatory and was the CSO at Facebook; he thinks the technical case against the Saudis needs work, and he calls for a supplemental forensic review of the phone.


Continue Reading Episode 297: Did the Saudi Crown Prince hack Jeff Bezos’s phone?

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 in which the law could address our deeper worry. I’m less optimistic about our ability to write or enforce laws designed to restrict use of information that gets cheaper to collect, to correlate, and to store every year. It’s a good, civilized exchange.


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

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

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 response, as well as a public order issued by the Foreign Intelligence Surveillance Court. We wrap up with thoughts on how to resolve some of the issues identified by the IG’s report and suggestions for improving the FISA process.


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

Brad Smith is President of Microsoft and author (with Carol Ann Browne) of Tools and Weapons: The Promise and Peril of the Digital Age. The book is a collection of vignettes of the tech policy battles in the last decade or so. Smith had a ringside seat for most of them, and he recounts what he learned in a compelling and good-natured way in the book – and in this episode’s interview. Starting with the Snowden disclosures and the emotional reaction of Silicon Valley, through the CLOUD Act, Brad Smith and Microsoft displayed a relatively even keel while trying to reflect the interests of its many stakeholders. In that effort, Smith makes the case for more international cooperation in regulating digital technology. Along the way, he discloses how the Cyberlaw Podcast’s own Nate Jones and Amy Hogan-Burney became “Namy,” achieving a fame and moniker inside Microsoft that only Brangelina has achieved in the wider world. Finally, he sums up Microsoft’s own journey in the last quarter century as a recognition that humility is a better long-term strategy than hubris.


Continue Reading Episode 289: Brad Smith on Microsoft’s Journey from Hubris to Humility

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 out a role for itself in the Intelligence Community (hint: It involved good lawyering). We dive pretty deep on recent FISA court opinions and the changes they forced in FBI procedures. In the course of that discussion, I realize that every “reform” of intelligence dreamed up by Congress in the last decade has turned out to be a self-licking compliance trap, and I take back some of my praise for the DNI’s lawyering.


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

Our interview is with Sultan Meghji, CEO of Neocova. We cover the large Chinese investment in quantum technology and what it means for the United States. It’s possible that Chinese physicists are even better than American physicists at extracting funding from their government. Indeed, it looks as though some quantum tech, such as the use of entangled particles to identify eavesdropping, may turn out to have dubious military value. But not all. Sultan thinks the threat of special purpose quantum computing to break encryption poses a real, near-term threat to US financial institutions’ security.


Continue Reading Episode 282: Has China opened a quantum hype lead over the US?

So says the remarkable Jeff Jonas, CEO of Senzing. And he’s got a claim to be doing just that. A data scientist before data science was cool, Jeff has used his technical skills and an intuitive grasp of complex data problems to stop card counters in Las Vegas and terrorists targeting the US, and then to launch an initiative making voter registration more accurate and widespread. Most recently, in the course of an effort to improve maritime security around Singapore, he also found a key to identifying asteroids that are about to collide with each other and head off on a new course (one that might intersect with, well, ours).


Continue Reading Episode 247: “If I save Earth, you’re gonna owe me.”

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, who is in charge of the Justice Department’s CFIUS and Team Telecom work; David Fagan, a noted CFIUS practitioner; and me as moderator. It turns out the new CFIUS law may be the most innovative – and sweeping – piece of legislation on national security in years.


Continue Reading Episode 239: The Ministry of Silly Talk