If your podcast feed has suddenly become a steady diet of more or less the same COVID-19 stories, here’s a chance to listen to cyber experts talk about what they know about – cyberlaw. Our interview is with Elsa Kania, adjunct senior fellow at the Center for a New American Security and one of the most prolific students of China, technology, and national security. We talk about the relative strengths and weaknesses of the artificial intelligence ecosystems in the two countries.


Continue Reading

 

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

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

This Week in Mistrusting Google: Klon Kitchen points to a Wall Street Journal story about all the ways Google tweaks its search engine to yield results that look machine-made but aren’t. He and I agree that most of these tweaks have understandable justifications – but you have to trust Google not to misuse them. And increasingly no one does. The same goes for Google’s foray into amassing and organizing health data on millions of Americans. It’s a nothing-burger with mayo, unless you mistrust Google. Since mistrusting Google is a growth industry, it’s getting a lot of attention, including from HHS investigators. Matthew Heiman explains, and when he’s done, my money is on Google surviving that investigation comfortably. The capital of mistrusting Google is Brussels, and not surprisingly, Maury Shenk tells us that the EU has forced Google to modify its advertising protocols to exclude data on health-related sites visited by its customers.


Continue Reading

Today’s episode opens with a truly disturbing bit of neocolonial judicial lawmaking from the Court of Justice of the European Union. The CJEU ruled that an Austrian court can order Facebook to take down statements about an Austrian politician. Called an “oaf” and a “fascist,” the politician more or less proved the truth of the accusations by suing to keep that and similar statements off Facebook worldwide. Trying to find allies for my proposal to adopt blocking legislation to protect the First Amendment from foreign government interference, I argue that President Trump should support such a law. After all, if he were ever to insult a European politician on Twitter, this ruling could lead to litigation that takes his Twitter account off the air. True, he could criticize the judges responsible for the judgment as “French” or “German” without upsetting CNN, but that would be cold comfort. At last, a legislative and international agenda for the Age of Trump!


Continue Reading

Today, I interview Frank Blake, who as CEO brought Home Depot through a massive data breach. Frank’s a former co-clerk of mine, a former Deputy Secretary of Energy, and the current host of Crazy Good Turns, a podcast about people who have found remarkable, even crazy, ways to help others. In

The theme this week is China’s growing confidence in using cyberweapons in new and sophisticated ways, as the US struggles to find an answer to China’s growing ambition to dominate technology. Our interview guest, Chris Bing of Reuters, talks about his deep dive story on Chinese penetration of managed service providers like HP Enterprise – penetration that allowed them access to hundreds of other companies that rely on managed service providers for most of their IT. Most chilling for the customers are strong suggestions that the providers often didn’t provide notice of the intrusions to their customers – or that the providers’ contracts may have prevented their customers from launching quick and thorough investigations when their own security systems detected anomalous behavior originating with the providers. Chris also tells the story of an apparent “Five Eyes” intrusion into Yandex, the big Russian search engine.


Continue Reading

If you’ve lost the Germans on privacy, you’ve lost Europe, and maybe the world. That’s the lesson that emerges from my conversation with David Kris and Paul Rosenzweig about the latest declaration that the German interior minister wants to force messaging apps to decrypt chats. This comes at the same time that industry and civil society groups are claiming that GCHQ’s “ghost proposal” for breaking end-to-end encryption should be rejected. The paper, signed by all the social media giants, says that GCHQ’s proposal will erode the trust that users place in Silicon Valley. I argue that that argument is well past its sell-by date.
Continue Reading

Our News Roundup is hip deep in China stories. The inconclusive EU – China summit gives Matthew Heiman and me a chance to explain why France understands – and hates – China’s geopolitical trade strategy more than most.

Maury Shenk notes that the Pentagon’s reported plan to put a bunch of Chinese suppliers on a blacklist is a bit of a tribute to China’s own list of sectors not open to Western companies. In other China news, Matthew discloses that there’s reason to believe that China has finally begun to use all the US personnel data it stole from OPM. I’m so worried it may yet turn my hair pink, at least for SF-86 purposes.

And in a sign that it really is better to be lucky than to be good, Matthew and I muse on how the Trump Administration’s China policy is coinciding with broader economic trends to force US companies to reconsider their reliance on Chinese manufacturing.


Continue Reading