All the cyberlitigation that didn’t get filed, or decided, over Thanksgiving finally hit the fan last week, and we’re still cleaning up. But first, I have to ask Dave Aitel for sanity check a on Log4Shell.
Does it really deserve a 10 out of 10 for impact? And what does it mean for all…
Our interview this week is a deep dive into the mess created by the EU Court of Justice in Schrems II – and some pretty good ideas for how companies might avoid the mess as proposed in a U.S. Government white paper. I interview Brad Wiegmann, Senior Counselor for the National Security Division…
In our 327th episode of the Cyberlaw Podcast, Stewart is joined by Nick Weaver (@ncweaver), David Kris (@DavidKris), and Dave Aitel (@daveaitel). We are back from hiatus, with a one-hour news roundup to cover the big stories of the last month. Pride of place goes to the WeChat/Tiktok mess, which just gets messier…
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 about imposing liability on companies whose unbreakable end-to-end crypto causes harm, at least to judge from the howls of the usual defenders of such crypto. David Kris explains how the law will work. I ask why Silicon Valley gets to impose the externalities of encryption-facilitated crime on society without consequence when we’d never allow tech companies to say that society should pick up the tab for their pollution because their products are so cool. In related news, the FBI may be turning the Pensacola military terrorism attack into a slow-motion replay of the San Bernardino fight with Apple, this time with more top cover.
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Continue Reading Episode 295: The line between deepfake legislation and deeply fake legislation
Our 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 use of entangled particles to identify eavesdropping, may turn out to have dubious military value. But not all. Sultan thinks the threat of special purpose quantum computing to break encryption poses a real, near-term threat to US financial institutions’ security.
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Continue Reading Episode 282: Has China opened a quantum hype lead over the US?
Episode 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…
Episode 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…
Episode 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…
Interview 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…
Episode 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…
