Recently, Meegan Brooks, an associate in our San Francisco office, published an article on the California Consumer Privacy Act. Below is an excerpt. You can read the full article here.
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?
156: Interview with Michael Daniel Our interview is with Michael Daniel, former Special Assistant to the President and Cybersecurity Coordinator at the White House and current President of the Cyber Threat Alliance. We ask Michael how the new guys are doing in his job, what he most regrets not getting done, why we didn’t float… Continue Reading
Our guest for episode 119 is Kevin Kelly, founding executive editor of Wired Magazine and author of The Inevitable: Understanding the 12 Technological Forces that will Shape our Future. Kevin and I share many views – from skepticism about the recording industry’s effort to control their digital files to a similar skepticism about EFF’s effort… Continue Reading
On May 16, four years after issuing a proposed rule, the FAR Council issued a final cybersecurity-related rule that reaches deep into the supply chain and is applicable to virtually all government contractors and subcontractors. The rule establishes a new FAR subpart 4.19 and a clause 52.204-21, both of which are entitled “Basic Safeguarding of Covered… Continue Reading
Our guest, Patrick Gray, is the host of the excellent Risky Business security podcast. He introduces us to the cybersecurity equivalent of decapitation by paper cut and offers a technologist’s take on multiple policy and legal issues. In the news roundup, Michael explains the many plaintiff-friendly rulings obtained by the banks suing Home Depot over… Continue Reading
Ransomware is the new black. In fact, it’s the new China. So says our guest for episode 116, Dmitri Alperovitch, the CTO and co-founder of CrowdStrike. Dmitri explains why ransomware is so attractive financially – and therefore likely to get much worse very fast. He and I also explore the implications and attribution of the… Continue Reading
Does the FISA court perform a recognizably judicial function when it reviews 702 minimization procedures for compliance with the fourth amendment? Our guest for episode 115 is Orin Kerr, GWU professor and all-round computer crime guru, and Orin and I spend a good part of the interview puzzling over Congress’s mandate that the FISA court… Continue Reading
No holds are barred as a freewheeling panel of cryptographers and security pros duke it out with me and the Justice Department over going dark, exceptional access, and the Apple-FBI conflict. Among the combatants: Patrick Henry, a notable cryptographer with experience at GCHQ, NSA, and the private sector; Dan Kaminsky, the Chief Scientist at White Ops;… Continue Reading
European news and sensibilities dominate episode 112. I indulge in some unseemly gloating about Europe’s newfound enthusiasm for the PNR data it wasted years of my life trying to negotiate out of the US counterterrorism toolbox. I pester our guest, Eric Jensen, about his work on the Talinn 2.0 manual covering the law of cyberwar;… Continue Reading
Steptoe recently held a client briefing in its Palo Alto office to update developments in the Chinese legal and regulatory that are impacting US technology companies operating in China. I took advantage of the event to sneak in a quick discussion with Susan Munro and Ying Huang of Steptoe’s China practice, on how China is… Continue Reading
In episode 109, we interview Perianne Boring of the Chamber of Digital Commerce on the regulatory challenges of bitcoin and the blockchain. In the news roundup, we bring back Apple v. FBI for what we hope will be one last round, as the San Bernardino magistrate voids her All Writs Act motion for mootness and… Continue Reading
The Second Annual Triple Entente Beer Summit again filled the Washington Firehouse loft with an audience at least as knowledgeable as the panel, which consisted of Ben Wittes, Shane Harris, Stewart Baker, Tamara Cofman Wittes, and Alan Cohn. The Triple Entente Beer Summit brings together members of the Lawfare, Rational Security, and the Steptoe Cyberlaw podcasts.
With Wyndham’s surrender to the FTC after a brutal court of appeals opinion, the last outpost of resistance to the FTC’s cybersecurity agenda is Mike Daugherty, CEO of LabMD. Daugherty refused to take the easy road and enter into a consent decree with the FTC to settle its claim that the company’s security was insufficient… Continue Reading
Are Russian hacker-spies a bunch of lethargic government drones more interested in smash-and-grabs than stealth? That’s one of the questions we pose to Mikko Hypponen in episode 86 (right after we ask about how to pronounce his name; turns out, that’s harder than you think). Mikko is the Chief Research Officer at F-Secure and a… Continue Reading
Episode 81 features China in the Bull Shop, as the White House prepares for President Xi’s visit and what could be ugly talks on cyber issues. Our guest commentator, Margie Gilbert, is a network security professional with service at NSA, CIA, ODNI, Congress, and the NSC. Now at Team Cymru, she’s able to offer a… Continue Reading
Still trying to dig out from under our hiatus backlog, we devote episode 80 to our regulars. We’ll bring back a guest next week. This week it’s a double dose of Jason Weinstein, Michael Vatis, Stewart Baker, and Congress-watcher Doug Kantor. Michael offers an analysis of the Second Circuit’s oral argument in the Microsoft lawsuit… Continue Reading