The California Consumer Privacy Act (CCPA) has been in effect only since January 1, but it has already been cited in a lawsuit, apparently for the first time. On February 3, plaintiffs filed a class action complaint in the US District Court for the Northern District of California against retailer Hanna Andersson, LLC and Salesforce.com,


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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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 to control private data – but he is California sunny and I am East Coast dark about where emerging technology trends are taking us.  The conversation ranges from Orwell and the Wayback Machine to the disconcerting fluidity and eternal noobie-ness of today’s technological experience.  In closing Kevin sketches a quick but valuable glimpse of where technology could take us if it comes from Shenzhen rather than Mountain View, as it likely will.
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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 Contractor Information Systems.”  The rule is effective for solicitations issued on or after June 15, 2016.  A copy is available here.
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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 its data breach.  We wonder whether the rulings are so plaintiff-friendly that the banks will eventually regret their successes.  Michael also explains just how deliberately meaningless is the Supreme Court decision in Spokeo, Inc. v. Robins.
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Dmitri AlperovitchRansomware 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 big bank hacks in Vietnam and Bangladesh.
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Orin KerrDoes 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 review what amounts to a regulation for compliance with an amendment that is usually invoked only in individual cases.  Maybe, I suggest, the recent court ruling on 702 minimization and the fourth amendment doesn’t make sense from an article III point of view because the FISA judges long ago graduated from deciding cases and controversies to acting as special masters to oversee the intelligence community.  We also explore an upcoming Orin Kerr law review piece on how judicial construction of the fourth amendment should be influenced by statutes that play in the same sandbox. 
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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; Kiran Raj, who is Senior Counsel to the Deputy Attorney General; and Dr. Zulfikar Ramzan the CTO of RSA Security.  Our thanks to Catherine Lotrionte who generously agreed to let me record this one-hour panel at her remarkable Annual International Conference on Cyber Engagement.
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