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.


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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.


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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.


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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?


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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.


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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.


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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