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 Episode 270: China’s cyber offense comes of age

Paul Rosenzweig leads off with This Week in China Tech Fear – an enduring and fecund feature in Washington these days. We cover the Trump Administration’s plan to blacklist up to five Chinese surveillance companies, including Hikvision, for contributing to Uighur human rights violations in the West of China, DHS’s rather

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

In today’s News Roundup, Klon Kitchen adds to the North Korean Embassy invasion by an unknown group. Turns out some of the participants fled to the US and lawyered up, but the real tipoff about attribution is that they’ve given some of the data they stole to the FBI. That rules out CIA involvement right there.

Nick Weaver talks about Hal Martin pleading guilty to unlawfully retaining massive amounts of classified NSA hacking data. It’s looking more and more as though Martin was just a packrat, making his sentence of nine years in prison about right. But as Nick points out, that leaves unexplained how the Russians got hold of so much NSA data themselves.

Paul Hughes explains the seamy Europolitics behind the new foreign investment regulations that will take effect this month.


Continue Reading Episode 257: How we know the North Korean Embassy break-in wasn’t the work of the CIA

On Episode 254 of The Cyberlaw Podcast, Stewart spends a few days off the grid, and David Kris, Maury Shenk, and Brian Egan extol the virtues of data privacy and the European Union in his absence.

Maury interviews James Griffiths, a journalist based in Hong Kong and the author of the new book, The Great Firewall of China: How to Build and Control an Alternative Version of the Internet.


Continue Reading Episode 254: Skating on Stilts without Baker

Nate Jones, David Kris, and I kick off 2019 with a roundup of the month of news since we took our Christmas break. First, we break down the utterly predictable but undismissable Silicon Valley claim that the administration’s new export control strategy will hurt the emerging AI industry.


Continue Reading Episode 245: “Pay no attention to the guns, the flashbang, and the handcuffs. You’re free to go at any time.”

In this news-only episode, Nick Weaver and I muse over the outing of a GRU colonel for the nerve agent killings in the United Kingdom. I ask the question that is surely being debated inside MI6 today: Now that he’s been identified, should British intelligence make it their business to execute Col. Chepiga?


Continue Reading Episode 233: Outing the GRU

General Michael Hayden and Stewart Baker
General Michael Hayden and Stewart Baker

Our interview is with Gen. Michael Hayden, author of The Assault on Intelligence: American National Security in an Age of Lies. Gen. Hayden is a former head of the CIA and NSA, and a harsh critic of the Trump Administration. We don’t agree on some of his criticisms, but we have a productive talk about how intelligence should function in a time of polarization and foreign intervention in our national debates.


Continue Reading Episode 225: Interview with General Michael Hayden

I interview Duncan Hollis, another Steptoe alumnus patrolling the intersection of international law and cybersecurity. With Matt Waxman, Duncan has written an essay on why the US should make the Proliferation Security Initiative a model for international rulemaking for cybersecurity. Since “coalition of the willing” was already taken, we settle on “potluck policy” as shorthand for the proposal. To no one’s surprise, Duncan and I disagree about the value of international law in the field, but we agree on the value of informal, agile, and “potluck” actions on the world stage. In support, I introduce Baker’s Law of International Institutions: “The secretariat always sees the United States as its natural enemy.”

At the end, Duncan mentions in passing his work with Microsoft on international rulemaking, and I throw down on “Brad Smith’s godforsaken proposal.” Brad, if you are willing to come on the podcast to defend that proposal, I’ve promised Duncan a highly coveted Cyberlaw Podcast mug.


Continue Reading Episode 224 with Duncan Hollis: Do we need an international “potluck” cyber coalition?