In this episode I cross swords with John Samples of the Cato Institute on Silicon Valley’s efforts to disadvantage conservative speech and what to do about it. I accuse him of Panglossian libertarianism; he challenges me to identify any way in which bringing government into the dispute will make things better. I say government… Continue Reading
Camille Stewart talks about a little-known national security risk: China’s propensity to acquire US technology through the bankruptcy courts and the many ways in which the bankruptcy system isn’t set up to combat improper tech transfers. Published by the Journal of National Security Law & Policy, Camille’s paper is available here. Camille has enjoyed… Continue Reading
If you’ve lost the Germans on privacy, you’ve lost Europe, and maybe the world. That’s the lesson that emerges from my conversation with David Kris and Paul Rosenzweig about the latest declaration that the German interior minister wants to force messaging apps to decrypt chats. This comes at the same time that industry and… Continue Reading
We begin this episode with a quick tour of the Apple antitrust decision that pitted two Trump appointees against each other in a 5-4 decision. Matthew Heiman and I consider the differences in judging styles that produced the split and the role that 25 years of “platform billionaires” may have played in the decision.
With apologies for the late post, Episode 263 of The Cyberlaw Podcast tells the sad tale of another US government leaker who unwisely trusted The Intercept not to compromise its source. As Nick Weaver points out, The Intercept also took forever to actually report on some of the material it received. In other news,… Continue Reading
In this episode, Nick Weaver and I discuss new Internet regulations proposed in the UK. He’s mostly okay with its anti-nudge code for kids, but not with requiring proof of age to access adult material. I don’t see the problem; after all, who wouldn’t want to store their passport information with Pornhub?
Our News Roundup leads with the long, slow death of Section 230 immunity. Nick Weaver explains why he thinks social media’s pursuit of engagement has led to a poisonous online environment, and Matthew Heiman replays the astonishing international consensus that Silicon Valley deserves the blame – and the regulation – for all that ails… Continue Reading
I know. That could be any national strategy written in the last 15 years. And that’s the point. In our interview, Dr. Amy Zegart and I discuss the national cyber strategy and what’s wrong with it, along with the culture clash between DOD and Silicon Valley (especially Google), and whether the Mueller report should… Continue Reading
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… Continue Reading
Our interview this week is with Hon. Michael Chertoff, my former boss at Homeland Security and newly minted author of Exploding Data: Reclaiming Our Cyber Security in the Digital Age. The conversation – and the book – is wide ranging and shows how much his views on privacy, data, and government have evolved in… Continue Reading
Back for a rematch, John Lynch and I return to the “hackback” debate in episode 97, with Jim Lewis of CSIS providing color commentary. John Lynch is the head of the Justice Department’s computer crime section. We find more common ground than might be expected but plenty of conflict as well. I suggest that Sheriff… Continue Reading
According to Dan Balz’s new book, the Obama campaign had its employees and volunteers log onto the campaign’s “Dashboard” application using their Facebook accounts, which allowed the campaign to see each person’s Facebook friend list. The campaign would then match the friends’ names to other information the campaign had amassed showing which of those friends… Continue Reading
“Do Not Track” is the buzz phrase of the moment among Internet companies, the advertising industry, privacy advocates, and privacy regulators on both sides of the Atlantic. The problem is that the various parties don’t even agree on what the term means, as discussed in a recent New York Times piece by Edward Wyatt and… Continue Reading
A few weeks ago, everyone agreed that the CFAA civil liability provisions were way overbroad, and the Senate judiciary committee proposed amending the CFAA to abolish CFAA liability for violating a website or webservice’s terms of service. That was the right decision; the unamended law essentially enforced commercial terms of service with criminal penalties. But… Continue Reading