There’s a fine line between legislation addressing deepfakes and legislation that is itself a deep fake. Nate Jones reports on the only federal legislation addressing the problem so far. I claim that it is well short of a serious regulatory effort – and pretty close to a fake law. In contrast, India seems serious… Continue Reading
Tag Archives: Section 702
Episode 282: Has China opened a quantum hype lead over the US?
Posted in China, InternationalOur interview is with Sultan Meghji, CEO of Neocova. We cover the large Chinese investment in quantum technology and what it means for the United States. It’s possible that Chinese physicists are even better than American physicists at extracting funding from their government. Indeed, it looks as though some quantum tech, such as the… Continue Reading
The Cyberlaw Podcast – Interview with Glenn Gerstell
Posted in Privacy Regulation, Security Programs & PoliciesEpisode 203: Interview with Glenn Gerstell This episode consists of Jamil Jaffer and I interviewing Glenn Gerstell, the General Counsel of the National Security Agency. Glenn explains what it was like on the inside of the effort to reauthorize section 702 of FISA. Jamil and I ask him whether the FISA court has the authority to deal… Continue Reading
The Cyberlaw Podcast – News Roundup
Posted in Privacy Regulation, Security Programs & PoliciesEpisode 199: Untold stories of the 702 reauthorization In this guestless episode, Michael Vatis, Markham Erickson, and Nick Weaver join me to roundup the news. I explore the final results of the intense jockeying that led to passage of S. 139, which gave section 702 of FISA a new lease on life. The administration did well, weathering… Continue Reading
The Cyberlaw Podcast — Interview with Shane Harris
Posted in China, Data Breach, Government Contracts, Security Programs & PoliciesEpisode 198 — Interview with Shane Harris It turns out that the most interesting policy story about Kaspersky software isn’t why the administration banned its products from government use. It’s why the last administration didn’t. Shane Harris is our guest for the podcast, delving into the law and politics of the Kaspersky ban. Along the way,… Continue Reading
The Cyberlaw Podcast — Interview with Susan Hennessey and Andrew McCarthy
Posted in China, Cybersecurity and Cyberwar, Security Programs & PoliciesInterview with Susan Hennessey and Andrew McCarthy Episode 195 features an interview with Susan Hennessey of Lawfare and Andrew McCarthy of the National Review. They walk us through the “unmasking” of US identities in intelligence reports — one of the most divisive partisan issues likely to come up in the re-enactment of section 702 of… Continue Reading
The Cyberlaw Podcast – Interview with United States Senator Sheldon Whitehouse
Posted in Cybersecurity and Cyberwar, Security Programs & PoliciesEpisode 190: Interview with United States Senator Sheldon Whitehouse In our 190th episode Stewart Baker has a chance to interview United States Senator Sheldon Whitehouse (D-RI) has a long history of engagement with technology and security issues. In this episode, we spend a remarkably detailed half-hour with him, covering the cybersecurity waterfront, from the FBI’s… Continue Reading
The Cyberlaw Podcast – Interview with Chris Painter
Posted in European Union, Privacy RegulationEpisode 188: Putting the “F” in FISA: Bipartisan Extremism and the Road to 1997 In this episode, Brian Egan and I deconstruct the endlessly proliferating “FISA 702 Reform” bills, from the irresponsible House Judiciary bill to the “I’ll see your irresponsible and raise you crazy” bipartisan extremist bill beloved of Sens. Wyden and Paul (and talk… Continue Reading
The Cyberlaw Podcast – Interview with Tom Bossert
Posted in Security Programs & PoliciesEpisode 187: Interviewing Tom Bossert I had a chance to talk to Tom Bossert, President Trump’s Homeland Security Adviser, on the record, and we’re releasing the conversation as a bonus episode of the Cyberlaw Podcast. The talk ranges from Peggy Noonan’s observations on White House staff work to the vast improvement in the West Wing’s… Continue Reading
The Cyberlaw Podcast – Interview with Mieke Eoyang and Jamil Jaffer
Posted in Privacy RegulationEpisode 186: What Stephen Paddock Can Tell Us About 702 Reform Our interview is another in our series on section 702 reform, featuring Mieke Eoyang of the National Security Program at Third Way and Jamil Jaffer of George Mason University and IronNet Security. They begin with the history of the program but quickly focus on proposals… Continue Reading
The Cyberlaw Podcast – The Shane Roundup
Posted in Cybersecurity and Cyberwar, International, Privacy Regulation, Security Programs & PoliciesToday’s news roundup features Shane Harris of the Wall Street Journal, Brian Egan, and Alan Cohn discussing stories that Shane wrote last week. Out of the box, we work through the hall of mirrors that the Kaspersky hacking story has become. The Russian hacking story is biting more companies than just Kaspersky. Turns out that… Continue Reading
The Cyberlaw Podcast – Interview with Richard Danzig
Posted in Cybersecurity and Cyberwar, InternationalEpisode 183: North Korea’s Chances of Winning a 2040 Gold Medal in Basketball May Be Better than You Think Richard Danzig, former Navy Secretary and a serious defense and technology thinker, speaks to us about the technology tsunami and what it means for the Pentagon. Among the risks: lots more accidents, some of them catastrophic,… Continue Reading
Interview with Jeanette Manfra
Posted in Data Breach, Security Programs & PoliciesEpisode 179: Interview with Jeanette Manfra Our interview is with Jeanette Manfra, DHS’s Assistant Secretary for Cyber Security and Communications. We cover her agency’s binding directive to other civilian agencies to purge Kaspersky software from their systems, and her advice to victims of the Equifax breach (and to doctors who think that Abbott Labs’ heart implants… Continue Reading
Interview with Rebecca Richards and Elizabeth Goitein
Posted in Data Breach, International, Privacy RegulationEpisode 178: The Evil Dolphin Episode The Cyberlaw Podcast kicks off a series exploring section 702 – the half-US/half-foreign collection program that has proven effective against terrorists while also proving controversial with civil liberties groups. With the program due to expire on December 31, we’ll examine the surveillance controversies spawned by the program. Today, we… Continue Reading
Steptoe Cyberlaw Podcast – News Roundup
Posted in Data Breach, International, Security Programs & PoliciesEpisode 170 This week’s episode is a news roundup without interview. We lead with the Senate’s overwhelming adoption of unexpectedly tough Russia sanctions along with the Iran sanctions bill. The mainstream press has emphasized that the bill will lock the Obama sanctions into legislation, but Anthony Rapa explains that the bigger story is just how… Continue Reading
Steptoe Cyberlaw Podcast – Interview with Orin Kerr
Posted in Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & PoliciesDoes 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
Steptoe Cyberlaw Podcast – Interview with General Hayden
Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & Policies, Virtual CurrencyOur guest for episode 114 is General Michael Hayden, former director of the NSA and CIA; he also confirms that he personally wrote every word of his fine book, Playing to the Edge: American Intelligence in the Age of Terror. In a sweeping interview, we cover everything from Jim Comey’s performance at the AG’s hospital… Continue Reading
Steptoe Cyberlaw Podcast – Interview with David Kris
Posted in Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & PoliciesWe devote episode 100 to “section 702” intelligence – the highly productive counterterrorism program that collects data on foreigners from data stored on US servers. What’s remarkable about the program is its roots: President Bush’s decision to ignore the clear language of FISA and implement collection without judicial approval. That decision has now been ratified… Continue Reading
Steptoe Cyberlaw Podcast – Interview with Senator Tom Cotton
Posted in Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & PoliciesHow do you graduate as a conservative with two Harvard degrees? We learn this and much more from Sen. Tom Cotton (R-AR), our guest for episode 96 . We dive deep with the Senator on the 215 metadata program and its USA FREEDOM Act replacement. We ask what the future holds for the 702 program, one… Continue Reading
Steptoe Cyberlaw Podcast – Interview with Jason Healey
Posted in China, Cybersecurity and Cyberwar, Data Breach, International, Privacy Regulation, Security Programs & PoliciesIs the internet really worth it? Our guest for episode 91, Jason Healey of the Atlantic Council and Columbia University, recaps a study finding that, even with a worst-case Clockwork Orange Internet, the economic benefits of networking still outweigh the losses from security failures – though the closer we get to the worst case, the… Continue Reading