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
Episode 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
Episode 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
Episode 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
Today’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
Episode 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
Episode 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’
Episode 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
Episode 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
Does 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 review what amounts to a regulation for compliance with an amendment that is usually invoked only in individual cases. Maybe, I suggest, the recent court ruling on 702 minimization and the fourth amendment doesn’t make sense from an article III point of view because the FISA judges long ago graduated from deciding cases and controversies to acting as special masters to oversee the intelligence community. We also explore an upcoming Orin Kerr law review piece on how judicial construction of the fourth amendment should be influenced by statutes that play in the same sandbox.
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