Our interview is with Bruce Schneier, who has coauthored a paper about how to push security back up the Internet-of-things supply chain: The reverse cascade: Enforcing security on the global IoT supply chain. His solution is hard on IOT affordability and hard on big retailers and other middlemen, who will face new
Personal Data
Episode 323: Hats off to the French! (And I don’t say that often.)
In the News Roundup, Dave Aitel (@daveaitel), Mark MacCarthy (@Mark_MacCarthy), and Nick Weaver (@ncweaver) and I discuss how French and Dutch investigators pulled off the coup of the year this April, when they totally pwned a shady “secure phone” system used by massive numbers of European criminals. Nick Weaver explains that hacking the phones…
Episode 321: Using the internet to cause emotional distress is a felony?
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…
European Data Protection Board Adopts Draft Guidelines on Territorial Scope of General Data Protection Regulation (GDPR)
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…
Episode 231: Ah, September, when Europe unleashes a summer’s worth of crazy
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.

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Episode 225: Interview with General Michael Hayden

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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The Cyberlaw Podcast – News Roundup
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 Final Countdown – The EU General Data Protection Regulation
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…
The Cyberlaw Podcast – Interview with David Sanger
Episode 210: Keeper: Loser, Weeper
In the news roundup, Nick Weaver, Ben Wittes, and I talk about the mild reheating of the encryption debate, sparked not just by renewed FBI pleading but by the collapse of the left-lib claim that building in access is impossible because math. The National Academy report on encryption…
The Cyberlaw Podcast — News Roundup
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. …