The big news of the week was the breathtakingly arrogant decision of the European Court of Justice, announcing that it would set the  rules for how governments could use personal data in fighting crime and terrorism.

Even more gobsmacking, the court decided to impose those rules on every government on the planet – except

For the first time in twenty years, the Justice Department is finally free to campaign for the encryption access bill it has always wanted.  Sens. Lindsey Graham (R-S.C.), Tom Cotton (R-Ark.), and Marsha Blackburn (R-Tenn.) introduced the Lawful Access To Encrypted Data Act. (Ars Technica, Press Release) As Nick

Our interview with Ben Buchanan begins with his report on how artificial intelligence may influence national and cybersecurity. Ben’s quick takes: better for defense than offense, and probably even better for propaganda. The best part, in my view, is Ben’s explanation of how to poison the AI that’s trying to hack you

This episode features an in-depth (and occasionally contentious) interview with Bart Gellman about his new book, Dark Mirror: Edward Snowden and the American Surveillance State, which can be found on his website and on Amazon. I’m tagged in the book as having been sharply critical of Gellman’s Snowden stories, and I live

Nate Jones and I dig deep into Twitter’s decision to delete Rudy Giuliani’s tweet (quoting Charlie Kirk of Turning Point) to the effect that hydroxychloroquine had been shown to be 100% effective against the coronavirus and that Gov. Whitmer (D-MI) had threatened doctors prescribing it out of anti-Trump animus. Twitter claimed that it was deleting tweets that “go directly against guidance from authoritative sources” and separately implied that the tweet was an improper attack on Gov. Whitmer.


Continue Reading Episode 310: Is Twitter using the health emergency to settle political scores?

The Foreign Agent Registration Act is having a moment – in fact its best year since 1939, as the Justice Department charges three people with spying on Twitter users for Saudi Arabia. Since they were clearly acting like spies but not stealing government secrets or company intellectual property, FARA seems to be the only law that they could be charged with violating. Nate Jones and I debate whether the Justice Department can make the charges stick.


Continue Reading Episode 287: Plumbing the depths of artificial stupidity

We open the episode with David Kris’s thoughts on the two-years-late CFIUS investigation of TikTok, its Chinese owner, ByteDance, and ByteDance’s US acquisition of the lip-syncing company Musical.ly. Our best guess is that this unprecedented reach-back investigation will end in a more or less precedented mitigation agreement.


Continue Reading Episode 285: ByteDance bitten by CFIUS

Today’s episode opens with a truly disturbing bit of neocolonial judicial lawmaking from the Court of Justice of the European Union. The CJEU ruled that an Austrian court can order Facebook to take down statements about an Austrian politician. Called an “oaf” and a “fascist,” the politician more or less proved the truth of the accusations by suing to keep that and similar statements off Facebook worldwide. Trying to find allies for my proposal to adopt blocking legislation to protect the First Amendment from foreign government interference, I argue that President Trump should support such a law. After all, if he were ever to insult a European politician on Twitter, this ruling could lead to litigation that takes his Twitter account off the air. True, he could criticize the judges responsible for the judgment as “French” or “German” without upsetting CNN, but that would be cold comfort. At last, a legislative and international agenda for the Age of Trump!


Continue Reading Episode 281: Can the European Union order Twitter to silence President Trump?

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 great success in her young career working with the Transformative Cyber Innovation Lab at the Foundation for Defense of Democracies, as a Cybersecurity Policy Fellow at New America, and as a 2019 Cyber Security Woman of the Year, among other achievements. We talk at the end of the session about life and advancement as an African American woman in cybersecurity.


Want to hear more from Camille on this topic? She’ll be speaking Friday, September 13, at a lunch event hosted by the Foundation for Defense of Democracies. She’ll be joined by fellow panelists Giovanna Cinelli, Jamil Jaffer, and Harvey Rishikof, along with moderator Dr. Samantha Ravich. The event will be livestreamed at www.fdd.org/events. If you would like to learn more about the event, please contact Abigail Barnes at FDD. If you are a member of the press, please direct your inquiries to press@fdd.org.



Continue Reading Episode 277: Bankrupting National Security?

What is the federal government doing to get compromised hardware and software out of its supply chain? That’s what we ask Harvey Rishikof, coauthor of “Deliver Uncompromised,” and Joyce Corell, who heads the Supply Chain and Cyber Directorate at the National Counterintelligence and Security Center. There’s no doubt the problem is being admired to a fare-thee-well, and some evidence it’s also being addressed. Listen and decide!


Continue Reading Episode 272: Illuminating supply chain security