Our guest is Peter W. Singer, co-author with Emerson T. Brooking of LikeWar: The Weaponization of Social Media. Peter’s book is a fine history of the way the Internet went wrong in the Age of Social Media. He thinks we’re losing the Like Wars, and I tend to agree. It’s a deep conversation that turns contentious when we come to his prescriptions, which I see as reinstating the lefty elite that ran journalism for decades, this time empowered by even less self-doubt – and AI that can reproduce its prejudices at scale and without transparency.

Continue Reading Episode 232: “I’m afraid you can’t say that, Dave.” Will AI save the Internet from Vladimir Putin – and Matt Drudge?

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

On December 31, 2015, the US Treasury Department, Office of Foreign Assets Control (OFAC) issued the Cyber-Related Sanctions Regulations (CRSR), 31 C.F.R. Part 578.  The CRSR formally implement the sanctions set forth in Executive Order (EO) 13694 of April 1, 2015, which authorizes sanctions against persons involved in malicious “cyber-enabled” activities, and are effective immediately.

Episode 51 of the podcast features a debate on attributing cyberattacks.  Our two guests, Thomas Rid and Jeffrey Carr, disagree sharply about how and how well recent cyberattacks can be attributed.  Thomas Rid is a Professor of Security Studies at King’s College London and the author of Cyber War Will Not Take Place