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 Episode 281: Can the European Union order Twitter to silence President Trump?

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

Stephanie Roy, Jason Weinstein
Stephanie Roy and Jason Weinstein

In episode 58 of the Cyberlaw Podcast, our guest is Andy Ozment, who heads the DHS cybersecurity unit charged with helping improve cybersecurity in the private sector and the civilian agencies of the federal government.  We ask how his agency’s responsibilities differ from NSA’s and

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 today is Tom Finan, Senior Cybersecurity Strategist and Counsel at DHS’s National Protection and Programs Directorate (NPPD), where he is currently working on policy issues related to cybersecurity insurance and cybersecurity legislation.  Marc Frey asks him why DHS, specifically NPPD, is interested in cybersecurity insurance, what trends they are seeing in this

For the first time, we begin the podcast not with NSA on the defensive, but with breaking news of an American counterattack on Chinese cyberspying – the indictment of several PLA members for breaking into US computers to steal commercial information. Our guest for the day, Shane Harris, is ideally suited to analyze the