Brad Smith is President of Microsoft and author (with Carol Ann Browne) of Tools and Weapons: The Promise and Peril of the Digital Age. The book is a collection of vignettes of the tech policy battles in the last decade or so. Smith had a ringside seat for most of them, and he recounts what he learned in a compelling and good-natured way in the book – and in this episode’s interview. Starting with the Snowden disclosures and the emotional reaction of Silicon Valley, through the CLOUD Act, Brad Smith and Microsoft displayed a relatively even keel while trying to reflect the interests of its many stakeholders. In that effort, Smith makes the case for more international cooperation in regulating digital technology. Along the way, he discloses how the Cyberlaw Podcast’s own Nate Jones and Amy Hogan-Burney became “Namy,” achieving a fame and moniker inside Microsoft that only Brangelina has achieved in the wider world. Finally, he sums up Microsoft’s own journey in the last quarter century as a recognition that humility is a better long-term strategy than hubris.


Continue Reading Episode 289: Brad Smith on Microsoft’s Journey from Hubris to Humility

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

I propose this episode’s title as Baker’s Law of Evil Technology, something that explains Twitter’s dysfunctional woke-ness, Yahoo’s crappy security, and Uber’s deadly autonomous vehicles. Companies with lots of revenue can afford to offer a lot of stuff they don’t much care about, including protection of minority voices, security, and, um, not killing people. But as Uber’s travails show, all that can get tossed out the window when corporate survival is at stake. And here’s Baker’s Law in action: Airline algorithms that deliberately break up families sitting on the plane so they can charge to put the kids back in the same row.


Continue Reading Episode 241: “You’ll never know how evil a technology can be until the engineers deploying it fear for their jobs”

The theme of this week’s podcast seems to be the remarkable reach of American soft power: Really, we elect Donald Trump, and suddenly everybody’s trolling. The Justice Department criminally charges a Russian troll factory’s accountant, and before David Kris can finish explaining it, she’s on YouTube, trolling the prosecutors with a housewife schtick. She’s not alone. Faced with the news that President Trump is using a commercial iPhone for many of his calls – and, Nate Jones points out, getting tapped by China, Russia, and others as a result – China has a suggestion that scores at the top of the POTUS Troll Scale. Tim Cook goes to Europe to troll Android – and me – with a speech that touches all my buttons: Europhilia, Apple sanctimony in pursuit of profit, and blind enthusiasm for privacy regulation. And when the Belgians ask for British help investigating a suspected GCHQ hack of a Belgian ISP, as David and I discuss, the British respond with what can only be described as understated trolling.


Continue Reading Episode 237: I’d Like to Teach the World to Troll, in Perfect Harmony!

In this news-only episode, Nick Weaver and I muse over the outing of a GRU colonel for the nerve agent killings in the United Kingdom. I ask the question that is surely being debated inside MI6 today: Now that he’s been identified, should British intelligence make it their business to execute Col. Chepiga?


Continue Reading Episode 233: Outing the GRU