The Cyberlaw Podcast leads with the legal cost of Elon Musk’s anti-authoritarian takeover of Twitter. Turns out that authority figures have a lot of weapons, many grounded in law, and Twitter is at risk of being on the receiving end of those weapons. Brian Fleming explores the apparently unkillable notion that the Committee on

We open this episode of the Cyberlaw Podcast by considering the (still evolving) results of the 2022 midterm election. Adam Klein and I trade thoughts on what Congress will do. Adam sees two years in which the Senate does nominations, the House does investigations, and neither does much legislation. Which could leave renewal of the critically

The big news of the week was a Fifth Circuit decision upholding Texas social media regulation law. It was poorly received by the usual supporters of social media censorship but I found it both remarkably well written and surprisingly persuasive. That does not mean it will survive the almost inevitable Supreme Court review but

One of the good things about coming back from Christmas break are all the deep analyses that news outlets save up to publish over the holidays – especially those they can report from countries where celebrating Christmas isn’t that big a deal. At least that’s how I account for the flood of deep media

Federal district judge Robert Pitman has enjoined enforcement of Texas’s law regulating social media censorship.  The ruling sparks a fight between me and Nate Jones that ranges from how much weight should be given to the speech rights of social media to the Kyle Rittenhouse verdict imposed by Facebook when it decided he

This week we interview Eliot Higgins, founder and executive director of the online investigative collective Bellingcat and author of We Are Bellingcat.

Bellingcat has produced remarkable investigative scoops on everything from Saddam’s use of chemical weapons to exposing the Russian FSB operatives who killed Sergei Skripal with Novichok, and, most impressive, calling a

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