Nuala O'Connor & Stewart Baker
Nuala O’Connor & Stewart Baker

It’s an extended news roundup with plenty of debate between me and Nuala O’Connor, the President and CEO of the Center for Democracy and Technology (CDT).  We debate whether and how CDT should pay more attention to Chinese technology abuses and examine the EU ministers’ long list of privacy measures to be rolled back and security measures to be beefed up in the wake of the Brussels and Paris Daesh attacks.
Continue Reading Steptoe Cyberlaw Podcast – Interview with Nuala O’Connor

Adam SegalWhat kind of internet world order does China want, and will it succeed?  That’s the question we ask Adam Segal, Maurice R. Greenberg Senior Fellow at the Council on Foreign Relation and author of The Hacked World Order.  We review China’s surprising success at getting tech companies to help it build an authoritarian Internet – the technological equivalent of persuading Jello to nail itself to the wall.  Meanwhile, every nation, it seems, is busy reasserting sovereignty over cyberspace.  Except the United States.  Which raises the question whether other countries will decide to assert sovereignty over our cyberspace.  We’re the Syria of cyberspace!

Continue Reading Steptoe Cyberlaw Podcast – Interview with Adam Segal

What is the most surprising discovery a law firm partner makes when he jumps to the National Security Agency?  I direct that and other questions at Glenn Gerstell, who has just finished six months in the job as General Counsel at the National Security Agency.

In the news roundup, we begin, of course, with the fight between Apple and the Justice Department.  I open the discussion by reminding the audience that the war on terror cannot be a war on one of the world’s great religions and insisting that Apple remains a religion of peace.  Michael Vatis describes the Justice Department’s latest filing, and we trade for deep discovery, not only at the FBI but also at Apple.
Continue Reading Steptoe Cyberlaw Podcast – Interview with Glenn Gerstell

Where the hell are the FTC, Silicon Valley, and CDT when human rights and privacy are on the line? If the United States announced that it had been installing malware on 2% of all the laptops that crossed US borders, the lawsuits would be flying thick and fast, and every company in Silicon Valley would be rolling out technical measures to defeat the intrusion. But when China injects malware into 2% of all the computers whose queries cross into Chinese territory, no one says boo. Not the US government, not CDT or EFF, and not the big browser companies. That’s the lesson I draw from episode 88 of the podcast, featuring an in-depth discussion of China’s Great Cannon with Adam Kozy and Johannes Gilger of Crowdstrike. They expand on their 2015 Blackhat talk about China’s deployment of Great Firewall infrastructure to hijack American and Taiwanese computers and use them in a DDOS attack against Github.
Continue Reading Steptoe Cyberlaw Podcast – Interview with Adam Kozy and Johannes Gilger

In episode 84 our guest is Jack Goldsmith, Professor at Harvard Law School, a Senior Fellow at the Hoover Institution at Stanford University, and co-founder of the Lawfare blog.  Before coming to Harvard, he served as Assistant Attorney General, Office of Legal Counsel and Special Counsel to the Department of Defense.  From cyberespionage to the right to be forgotten and the end of the Safe Harbor, we explore the many ways in which a globalized economy has tied the US government’s hands in cybersecurity matters – and subjected the United States to extensive extraterritorial “soft power” at the hands of Europeans.

In the news roundup, the headline news is the continuing fallout from the ECJ’s attack on the Safe Harbor.  Michael Vatis and Maury Shenk bring us up to date.  Jason Weinstein explains why the latest convicted hacker thinks he should be a civil liberties hero/victim – and how weev has found yet another outlet for his bitterness at DOJ.
Continue Reading Steptoe Cyberlaw Podcast – Interview with Jack Goldsmith

Bruce Schneier joins Stewart Baker and Alan Cohn for an episode recorded live in front of an audience of security and privacy professionals.  Appearing at the conference Privacy.Security.Risk. 2015., sponsored by the IAPP and the Cloud Security Alliance, Bruce Schneier talks through recent developments in law and technology.

The three of us stare into the pit opened by an overwrought (and overdue and overweening) European Court of Justice advisor.  If the European Court of Justice follows his lead (and what seems to be its inclinations), we could face a true crisis in transatlantic relations.
Continue Reading Steptoe Cyberlaw Podcast – Interview with Bruce Schneier

Cyberlaw negotiations are the theme of episode 82, as the US and China strike a potentially significant agreement on commercial cyberespionage and Europeans focus on tearing up agreements with the US and intruding on US sovereignty.

Our guest for the episode is Jim Lewis, a senior fellow and director of the Strategic Technologies Program at the Center for Strategic and International Studies.  Most importantly, Jim is one of the most deeply informed and insightful commentators on China and cybersecurity.  He offers new perspectives on the Obama-Xi summit and what it means for cyberespionage.
Continue Reading Steptoe Cyberlaw Podcast – Interview with Jim Lewis

Episode 76 of the podcast features the power couple of privacy and cybersecurity, Peter Swire and Annie Antón, both professors at Georgia Institute of Technology.  I question them on topics from the USA FREEDOM Act to the enduring gulf between writing law and writing code.

In the news roundup, as our listeners have come

Hip Hop Summit at Graceland: Michael Casey and Digital Money

Bitcoin and the blockchain – how do they work and what do they mean for financial and government services and for consumers? And who holds massive stores of bitcoin that can’t be spent without solving one of the great financial mysteries of our time?  Our

James Baker, General Counsel of the FBI, is our guest on this week’s podcast. He fearlessly tackles the FBI’s aerial surveillance capabilities, stingrays, “Going Dark,” encryption, and the bureau’s sometimes controversial attribution of cyberattacks.  But he prudently punts on the Hack of the Century, refusing to reveal details of the FBI investigation into the