This is the week when the movement to reform Section 230 of the Communications Decency Act got serious. The Justice Department released a substantive report suggesting multiple reforms. I was positive about many of them (my views here). Meanwhile, Sen. Josh Hawley (R-MO) has proposed a somewhat similar set of changes in his

The European Data Protection Board (EDPB) is an independent advisory body, established by the GDPR, that issues guidelines, recommendations, and best practices for the application of the GDPR.

At its Third Plenary on September 26, the EDPB adopted new draft guidelines on the GDPR’s territorial scope.

These guidelines should help provide a common interpretation of

Our interview this week is with Hon. Michael Chertoff, my former boss at Homeland Security and newly minted author of Exploding Data: Reclaiming Our Cyber Security in the Digital Age. The conversation – and the book – is wide ranging and shows how much his views on privacy, data, and government have evolved in the decade since he left government. He’s a little friendlier to European notions of data protection, a little more cautious about government authority to access data, and even a bit more open to the idea of letting the victims of cyberattacks leave their networks to find their attackers (under government supervision, that is). It’s a thoughtful, practical meditation on where the digital revolution is taking us and how we should try to steer it.

Michael Chertoff and Stewart Baker
Michael Chertoff and Stewart Baker


Continue Reading Episode 231: Ah, September, when Europe unleashes a summer’s worth of crazy

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

Episode 218: The Mugshots.com Case: California Crazy Meets European Crazy

In this episode, Markham Erickson highlights the Mugshots.com prosecution. The site had a loathsome business model, publishing mugshots for free and charging hundreds of bucks to people who wanted the record of their arrests taken down. Now the owners are being prosecuted in a case

The EU General Data Protection Regulation (GDPR) comes into force on May 25, 2018.

The GDPR makes many important changes to European Union (EU) data protection law, but it is not a complete departure from existing principles. Many of the concepts with which organizations are familiar will continue to apply under the GDPR. Thus, the

Episode 205: Scandularity

Today’s news roundup begins with Maury Shenk and Brian Egan offering their views about the Supreme Court oral argument in the Microsoft Ireland case. We highlight some of the questions that may tip the Justices’ hand.

Brian and I dig into the Dems’ reply memo on the Carter Page FISA application. 

On 10 January, the Belgian Gazette published the Law of 3 December 2017 “setting up the authority for data protection” (the Law).

The Law is the first legal text in Belgium applying various provisions of the EU’s General Data Protection Regulation (GDPR). Under the GDPR, EEA Member States must provide for one or more independent