If you’ve lost the Germans on privacy, you’ve lost Europe, and maybe the world. That’s the lesson that emerges from my conversation with David Kris and Paul Rosenzweig about the latest declaration that the German interior minister wants to force messaging apps to decrypt chats. This comes at the same time that industry and civil society groups are claiming that GCHQ’s “ghost proposal” for breaking end-to-end encryption should be rejected. The paper, signed by all the social media giants, says that GCHQ’s proposal will erode the trust that users place in Silicon Valley. I argue that that argument is well past its sell-by date.
Continue Reading Episode 266: Will an end to social media trust mean an end to end-to-end encryption?

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.


Continue Reading Episode 257: How we know the North Korean Embassy break-in wasn’t the work of the CIA

The theme of this week’s podcast seems to be the remarkable reach of American soft power: Really, we elect Donald Trump, and suddenly everybody’s trolling. The Justice Department criminally charges a Russian troll factory’s accountant, and before David Kris can finish explaining it, she’s on YouTube, trolling the prosecutors with a housewife schtick. She’s not alone. Faced with the news that President Trump is using a commercial iPhone for many of his calls – and, Nate Jones points out, getting tapped by China, Russia, and others as a result – China has a suggestion that scores at the top of the POTUS Troll Scale. Tim Cook goes to Europe to troll Android – and me – with a speech that touches all my buttons: Europhilia, Apple sanctimony in pursuit of profit, and blind enthusiasm for privacy regulation. And when the Belgians ask for British help investigating a suspected GCHQ hack of a Belgian ISP, as David and I discuss, the British respond with what can only be described as understated trolling.


Continue Reading Episode 237: I’d Like to Teach the World to Troll, in Perfect Harmony!

Episode 222: In which I get to play that guy in line for the movie with Woody Allen

Our interview is with Megan Stifel, whose paper for Public Knowledge offers a new way of thinking about cybersecurity measures, drawing by analogy on the relative success of sustainability initiatives in spurring environmental consciousness. She holds up pretty well under my skeptical questioning.

In this week’s news, Congress and the Executive branch continue to fight over the bleeding body of ZTE, which has already lost nearly 40% of its market value. The Commerce Department has extracted a demanding compliance and penalty package from the Chinese telecom equipment manufacturer. The Senate, meanwhile, has amended the NDAA to overturn the package and re-impose what amounts to a death penalty (see section 1727). Brian Egan and I dig into the Senate’s language and conclude that it may do a lot less than the Senators think it does, and that may be the best news ZTE is going to get from Washington this year.

Judge Leon has approved the AT&T-Time Warner merger. Gus Hurwitz puts the ruling in context. His lesson: next time, the Justice Department needs better evidence.


Continue Reading The Cyberlaw Podcast — Interview with Megan Stifel

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

In its judgment of January 26, the European Court interpreted EU rules on jurisdiction in a dispute referred from the Austrian Supreme Court between a ‘consumer’ – Maximilian Schrems – and Facebook Ireland Limited.

The Court would not accept the consumer’s choice of forum for a class-action type proceeding and held that, when interpreting EU