The Cyberlaw Podcast
By Steptoe & Johnson LLP
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A weekly podcast offering an opinionated roundup of the latest events in technology, security, privacy, and government and an in-depth interview of technology and policy newsmakers. Host Stewart Baker and regulars Michael Vatis, Alan Cohn, and Maury Shenk share their views - and not those of the firm.
||CleanEpisode 231: Ah, September, when Europe Unleashes a Summer's Worth of Crazy||In our 231st episode of The Cyberlaw Podcast, Stewart Baker interviews former Secretary of the Department of Homeland Security Michael Chertoff. Stewart and Secretary Chertoff discuss his new book Exploding Data: Reclaiming Our Cyber Security in the Digital Age. They are joined by Paul Rosenzweig (@RosenzweigP), Matthew Heiman, and Gus Hurwitz (@gushurwitz) to discuss: National Academy assesses what is needed to secure the vote; Those wacky Europeans are at it again: UK Government Communications Headquarters caught up in Snowden’s web; Europe could fine tech companies that don’t remove terrorist content in one hour; Sweeping copyright bill passed by the European Parliament; European Commission fights France in ECJ over right to be forgotten extraterritorial scope; Looking for social media bias: New frontiers in hate speech; Baker offers up his Facebook account in the name of science; And who knew the Weekly Standard was doing social media fact checks? Phony scandal of the week: IBM developed tech to search footage by skin color; California has passed a new IoT security bill, which awaits the governor’s signature.The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||9/16/2018||Free||View in iTunes|
||CleanEpisode 230: Click Here to Kill Everybody||In our 230th episode of The Cyberlaw Podcast, Stewart Baker interviews internationally renowned technologist and security and privacy guru Bruce Schneier. Stewart and Bruce discuss his new book Click Here to Kill Everybody: Security and Survival in a Hyper-Connected World. Stewart is also joined by Jamil Jaffer (@jamil_n_jaffer), David Kris (@DavidKris), and Nate Jones (@n8jones81) to discuss: NotPetya and Maersk; The North Korea indictment – and the payback; Intrusion Truth has worked to expose government APTs – and Crowdstrike has verified some of its disclosures; The Five Country Ministerial has issued a statement on encryption that seems to threaten action; The US has extradited a Russian hacker from Georgia. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||9/9/2018||Free||View in iTunes|
||CleanEpisode 229: Blockchain Takes Over The Cyberlaw Podcast||In our 229th episode of The Cyberlaw Podcast, Alan Cohn, Maury Shenk, Charles Mills, Claire Blakey, and Evan Abrams take over the podcast.Charles Mills provides an overview of the recent New York federal court decision and Commodity Futures Trading Commission (CFTC) victory against Cabbage Tech, Corp. d/b/a Coin Drop Markets and Patrick K. McDonnell of Staten Island, New York, ordering McDonnell to pay over $1.1 million in civil monetary penalties and restitution in connection with a lawsuit brought by the CFTC alleging fraud in connection with virtual currencies, including Bitcoin and Litecoin. In addition, Charles presents a more general overview of CFTC regulations.; Claire Blakey discusses the US Securities and Exchange Commission’s (SEC) August 23, 2018 announcement to reconsider a recent decision to reject nine Bitcoin-based exchange traded funds. Earlier this month, SEC staff delayed a decision on the SolidX proposal, stating it needs more time to consider the proposal – the deadline for this decision is Sept. 30.; Evan Abrams highlights the four takeaways from the Department of Treasury’s Financial Enforcement Network (FinCEN) director’s speech on cryptocurrency. On August 9, 2018, FinCEN Director Kenneth Blanco delivered a speech on the agency’s approach to cryptocurrency. In addition, Evan discusses the Office of the Comptroller of the Currency’s proposed charter for online lenders and other FinTech companies in the coming months.; Maury Shenk covers the recent reports about the EU finance ministers’ plan to discuss the possibility of cryptocurrency regulation at a meeting in early September. In addition, Maury discusses the European Blockchain Partnership.;Sarah Compani, Legal Counsel at Bitfinex, discusses the best security practices for users of exchanges, focusing on security settings that users can customize, such as 2FA. More generally, Sarah provides insight into the industry and the potential role of exchanges in the future. Download the 229th Episode (mp3). As always, The Cyberlaw Podcast is open to feedback. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested interviewee appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm||9/3/2018||Free||View in iTunes|
||CleanBonus: Interview with Bruce Schneier (2015)||In this bonus episode of The Cyberlaw Podcast, Stewart Baker revisits his May 2015 interview with Bruce Schneier. Stewart and Bruce discuss hacking back, government surveillance, and Edward Snowden, among other things. The Cyberlaw Podcast will return from hiatus with another edition of Blockchain Takes Over the Cyberlaw Podcast on September 4. Stewart will return the following week with a new interview with Bruce Schneier. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||8/19/2018||Free||View in iTunes|
||CleanBonus: Interview with Joseph Nye (2015)||In this bonus episode of The Cyberlaw Podcast, Stewart Baker revisits his April 2015 interview with Joseph Nye (@Joe_Nye). Stewart and Professor Nye discuss cyberwar strategy, the problem of attribution, and the rise of China, among other things. The Cyberlaw Podcast will return from hiatus with another edition of Blockchain Takes Over the Cyberlaw Podcast on September 4. Stewart will return the following week with an interview with Bruce Schneier. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||8/5/2018||Free||View in iTunes|
||CleanEpisode 228: Best Idea Yet for Derailing the Kavanaugh Nomination||In our 228th episode of The Cyberlaw Podcast, Stewart Baker interviews FTC Commissioner Noah Phillips (@FTCPhillips). Stewart and Commissioner Phillips are joined by Matthew Heiman, Gus Hurwitz (@GusHurwitz), and Dr. Megan Reiss (@MegReiss) to discuss: The National Defense Authorization Act is nailed down early; CFIUS reform is along for the ride; plus Cyber Solarium; but wait, there is more; circuits split on insurance coverage of phishing losses; ACLU’s phony test of Amazon’s face recognition service matches 28 members of Congress against 25,000 mugshots at an 80% confidence level; China screws Qualcomm despite the US deal with ZTE: NXP acquisition dies of felony neglect by authorities; matching China stride for stride, the New York Public Service Commission has revoked the 2016 conditional approval of the Charter-Time Warner merger; GDPR sucks (money out of the economy)! Both Facebook and Twitter lost about 20% of their value this week; India takes on WhatsApp over end-to-end encryption. Also, Commissioner Phillips tells us that the FTC will be holding a series of hearings this winter regarding Competition and Consumer Protection in the 21st Century. You can learn more about the hearings on the FTC website. You can file public comments on upcoming topics through August 20, 2018, as well. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||7/29/2018||Free||View in iTunes|
||CleanEpisode 227: Defending Against Deep Fakes with Lifelogs, Watermarks … and Tatts?||In our 227th episode of The Cyberlaw Podcast, Stewart Baker interviews Bobby Chesney (@BobbyChesney), who recently co-authored a paper with Danielle Citron (@DanielleCitron) titled, “Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security.” Stewart and Bobby are joined by Maury Shenk, Nick Weaver (@ncweaver), and Patt Cannaday to discuss: Is the EU’s $5 billion fine on Google a bad idea grounded in anti-Americanism? President Trump seems to think so; the DOJ cyber digital report (PDF) sets sensible new standards for avoiding partisanship while naming foreign states trying to influence US opinion – but if DOJ gives Big Tech special access to intelligence, will Big Tech use the intel in a nonpartisan way? Recent speculative execution attacks on Intel and ARM processors (Spectre et al.). Overdoing it wrong? Senate doesn’t just cave on ZTE penalties for violating export control law – it also caves on US supply chain worries; the FISA document dump on Carter Page – sure, it undercuts Devin Nunes, but what are the ramifications for FISA applications that rely heavily on news media articles? All 50 states have taken federal funds (PDF) to improve election cybersecurity – now it’s up to them to deliver a secure election in November; EU and Japan agree on mutual adequacy findings allowing personal data transfers – but will the findings meet the European Court of Justice’s absurdly solipsistic requirements? You can also find Bobby Chesney on the National Security Law Podcast (@NSLpodcast), which he co-hosts with Steve Vladeck (@steve_vladeck). If you want to learn more about deep fakes, check out the Heritage Foundation’s recent discussion in which Bobby participated. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||7/22/2018||Free||View in iTunes|
||CleanEpisode 226: Where Are All My Twitter Followers?||--||7/15/2018||Free||View in iTunes|
||CleanEpisode 225: Interview with General Michael Hayden||In our 225th episode of The Cyberlaw Podcast, Stewart Baker interviews General Michael Hayden (@GenMhayden) regarding his new book The Assault on Intelligence: American National Security in an Age of Lies. Stewart and General Hayden are joined by Paul Rosenzweig(@RosenzweigP), David Kris (@DavidKris), Nate Jones (@n8jones81), and Nick Weaver (@ncweaver) to discuss: ZTE takes compliance steps, gets preliminary life support order from Commerce Department; and China Mobile’s application to provide telecom service to Americans is also going to bite the dust – after only seven years of dithering; remarkably, European Parliament has second thoughts about self-destructive copyright maximalism – maybe Wikipedia Italy’s blocking campaign had some effect? Is Europe leaving the US in the dust when it comes to rifling through immigrants' digital data? And: Israel claims that social media monitoring has cut down on lone-wolf attacks – the Palestinians aren’t happy; DNC tries to improve security, gets 80% of its staff not to click on bad links – what’s sad is that this really is pretty good by the standards of most institutions; Feds have developed a strategy to bust Dark Web money launderers; NSA’s mass data destruction. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||7/8/2018||Free||View in iTunes|
||CleanEpisode 224 with Duncan Hollis: Do We Need an International “Potluck” Cyber Coalition?||In our 224th episode of The Cyberlaw Podcast, Stewart Baker interviews Duncan Hollis regarding his and Matthew Waxman’s paper, “Promoting International Cybersecurity Cooperation: Lessons from the Proliferation Security Initiative (PSI).” Stewart and Duncan are joined by Maury Shenk, Christopher Conte, Jamil Jaffer (@jamil_n_jaffer), and Laura Hillsman to discuss: California’s new privacy law; SEC charges a second Equifax manager with insider training; White House draws a line in the sand over ZTE in statement of administration policy – but not veto threat, and the president decides only to beat up Chinese investments once; serious problems in the USA Freedom Act record system; facing reality, Reality pleads; kind of a sad showing for Cybersecurity Information Sharing Act’s information-sharing provisions; The Intercept continues to pioneer relevance-free journalism; trust in social media is collapsing, especially among Republicans, who (remarkably) also think tech companies need more regulation. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||7/1/2018||Free||View in iTunes|
||CleanEpisode 223 with David Sanger: A War Reporter for the Cyber Age||In our 223rd episode of The Cyberlaw Podcast, Stewart Baker interviews David Sanger (@SangerNYT) regarding his new book, The Perfect Weapon: War, Sabotage, and Fear in the Cyber Age. Stewart and David are joined by Pat Derdenger, Michael Vatis, Matthew Heiman, and Jim Lewis to discuss: Carpenter: What the future holds. Private sector Carpenter-ish steps. Wayfair: What the future holds. North Korea is hacking banks in Latin America. Cyber attacks during Trump-Kim summit. Joshua Schulte leaks his startlingly pedestrian jail diaries. Chinese hackers getting stealthier? Project Solarium proposal in NDAA. Are the Chinese releasing OPM hack data? More karma for Southern Poverty Law Center? Algeria shuts down Internet completely to stop student cheating. Administration struggling with privacy principles to compete with GDPR. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||6/25/2018||Free||View in iTunes|
||CleanInterview with Megan Stifel||In our 222nd episode of The Cyberlaw Podcast, Stewart Baker interviews Megan Stifel (@MeganStifel) regarding her white paper for Public Knowledge. Stewart and Megan are joined by Brian Egan and Gus Hurwitz (@gushurwitz) to discuss: ZTE, staggered but not dead, spurs White House-Congress fight over National Defense Authorization Act (NDAA) language, which might not actually do what was intended (see also Commerce’s denial order for ZTE). The AT&T-Time Warner merge. A Committee on Foreign Investment in the United States (CFIUS) reform bill is on the NDAA and bound for passage: what it does. The long withdrawing roar: Kaspersky, condemned by the European Union (EU), pulls out of EU projects. Chinese hackers are back to stealing competitive secrets. EU content filtering payoff to Big Copyright tells us where the regulated Internet is going – just ask Spanish soccer fans about surveillance. US sanctions cybersecurity companies with Silicon Valley footprints for helping the Russian FSB do its hacking. New privacy paper pantses privacy ideology. Apple’s new USB restricted mode … looks like it’s defeated already? Reader mail: Sigh. (Stewart’s losing the war against sigh près.) The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||6/17/2018||Free||View in iTunes|
||CleanNews Roundup||In our 221st episode of The Cyberlaw Podcast, Stewart Baker, Nicholas Weaver (@ncweaver), David Kris (@DavidKris), and Nate Jones (@n8jones81) discuss: LabMD decision from the 11th Circuit overturns decades of FTC acquisition of legal authority through bureaucratic adverse possession; Commerce says it has a deal with ZTE. Is bipartisan opposition from Congress too late? This Week in Leaks: More ill-advised romance in the intelligence community; James Wolfe pays the price; Paul Manafort has similar problems with secure messaging; The Hansen bust: What does it say about Chinese espionage and the OPM hack? And the Mallory conviction for good measure; Speaking of China, they recently scored a cyberespionage coup.||6/10/2018||Free||View in iTunes|
||CleanNews Roundup||In our 220th episode of The Cyberlaw Podcast, Stewart Baker, Maury Shenk, Gus Hurwitz (@GusHurwitz), and Megan Reiss (@MegReiss) discuss: GDPR disruptions: Some US sites just exclude Europeans; GDPR yields new Schrems lawsuits against Big Tech; But it may also boost the giants’ cloud business and close the door on adtech rivals; Wilbur Ross, having caved on GDPR, whines about it and asks for exactly the wrong kind of relief; ICANN sues Tucows for dropping PII collection – and loses, tout suite; And the ePrivacy Regulation is on deck. Kaspersky loses both its lawsuits in one blow. This week in government cybersecurity reports offering ineffectual responses to attacks the Iranians have already shown they will use: Iranians ready retaliation attack on US industrial controls; DOE/DHS offer soothing words about grid resilience in the face of cyberattack, but little real support for the emollient; Commerce and DHS release botnet response report – full of visions of the future without the guts to say how we will get there.||6/3/2018||Free||View in iTunes|
||CleanInterview with Nick Bilton||In our 219th episode of The Cyberlaw Podcast, Stewart Baker interviews Nick Bilton (@nickbilton), special correspondent for Vanity Fair and New York Times-bestselling author. Stewart and Nick discuss the thrilling true story of Ross Ulbricht and the Silk Road takedown in Nick’s book American Kingpin: The Epic Hunt for the Criminal Mastermind Behind the Silk Road. You can grab a paperback reprint copy of the book starting today.||5/28/2018||Free||View in iTunes|
||CleanNews Roundup||In our 218th episode of The Cyberlaw Podcast, Stewart Baker, Michael Vatis, Markham Erickson, and Nick Bilton (@nickbilton) discuss: The ZTE mess gets messier as the Senate moves to block sanctions relief. The FBI grossly overstated the number of encrypted phones it encountered last year. Mugshots.com operators were arrested for looking like they were up to no good? Trump dumps security for his phone. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||5/24/2018||Free||View in iTunes|
||CleanBlockchain Takes Over The Cyberlaw Podcast||In our 217th episode of The Cyberlaw Podcast Alan Cohn, Jack Hayes, Lisa Zarlenga and Chelsea Parker take over the podcast. Jack discusses the status of regulation surrounding cryptocurrencies including anti-money laundering and sanctions compliance, the Department of Treasury’s letter regarding initial coin offerings (ICOs), and the New York Attorney General’s questionnaire for cryptocurrency exchanges. Lisa provides an overview of tax issues surrounding cryptocurrency from establishing basis to hard forks to airdrops. Lisa also highlights the changes in regulation surrounding like-kind exchanges due to the 2018 Tax Reform Bill and questions surrounding the taxation of tokens. Chelsea discusses trends coming out of New York Blockchain Week 2018 and Consensus 2018. Alan Cohn highlights Steptoe’s panel “Blockchain in Supply Chain, Navigating the Legal Waters” at Consensus 2018 and gives an overview of he and Lisa's presentations on the tax treatment of digital currencies and tokens at the Accounting Blockchain Coalition’s conference. The panelists also highlight where they see the industry going next in terms of adoption and regulation. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||5/20/2018||Free||View in iTunes|
||CleanNews Roundup||In our 216th episode of The Cyberlaw Podcast Stewart Baker, Paul Rosenzweig, and Nicholas Weaver discuss: China’s tech challenge. ZTE – Trump’s first bailout: the shutdown, and the bailout. The National Defense Authorization Act 2019 may hit Chinese telecom equipment firms again. John Bolton may get rid of the cyber coordinator National Security Council position. Russia could have changed voter databases. US Court of Appeals for the Fourth Circuit decides to screw around with border search standards for phones – Orin Kerr weighs in. Will Iran return to widespread cyberattacks in the wake of the US withdrawal from the Joint Comprehensive Plan of Action? (With better tools than you might think: Recorded Future/Insikt on Iran’s semi-privatized hacking ecosystem.) Crowdstrike on the new sophistication of Nigerian scammers. Uber responds to pedestrian/autonomous vehicle collision with safety review; software flaw blamed for death. Tesla wisely keeps its trap shut (this week). The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||5/13/2018||Free||View in iTunes|
||CleanInterview with Nicholas Schmidle||In our 215th episode of The Cyberlaw Podcast Stewart Baker, Jennifer Quinn-Barabanov, Jamil Jaffer, and Megan Reiss discuss: Domain fronting goes the way of the dodo before the NGOs can really muster a campaign but the NGOs give it a shot anyway. A lot of privacy cases settle with payments to the defendants’ (and maybe the judge’s) favorite charities. These “cy pres” payments are going to the Supreme Court and my guess it’s not for a round of hugs. Genetic engineering is boring; biohacking is cool (or would be if you could just reboot people after a programming error - but you can’t). Was Europe’s ballyhooed takedown of ISIS a failure? It never rains but it pours: fresh off a ban on Chinese phones from US military retail stores, there may be even more pain in the works for ZTE and other Chinese mobile infrastructure providers. Congressman Ruppersberger on cybersecurity, information sharing and DHS. Our guest interview is with Nicholas Schmidle, staff writer for The New Yorker. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||5/6/2018||Free||View in iTunes|
||CleanNews Roundup||In our 214th episode of The Cyberlaw Podcast, Stewart Baker, Jim Lewis and Paul Rosenzweig discuss: Ray Ozzie deconstructs the condescending #math claims about law enforcement access. And now Silicon Valley wants its revenge; Kaspersky’s lawyers may have a new client: China's ZTE will take 'certain actions' against US ban. And the upshot may be that Huawei bails out ZTE with a new Android OS; House Permanent Select Committee on Intelligence report on hacking and election; General Paul Nakasone about to take over at the National Security Agency; we finally catch a sadistic serial killer and the press can’t stop whining about DNA privacy; and a bit of special pleading: how can there possibly not be any reviews of The Cyberlaw Podcast on Stitcher Radio? Get busy, listeners! The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||4/29/2018||Free||View in iTunes|
||CleanNews Roundup||In our 213th episode of The Cyberlaw Podcast, Stewart Baker, Maury Shenk, Jim Lewis, and Paul Rosenzweig discuss: RSA Conference 2018 wrap-up; the ZTE debacle - and the long-term fallout? Xi reads the writing on the wall; Telegram’s woes in Russia become Russia’s woes; Privacy vs. Security; the WHOIS database and the vindication of Ted Cruz; Tweet by White House cyber coordinator Rob Joyce; the European Union follows CLOUD Act lead? Who pays for the SWIFT hacks? China’s face recognition succeeds remarkably. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||4/22/2018||Free||View in iTunes|
||CleanNews Roundup||In our 212th episode of The Cyberlaw Podcast, Brian Egan, Maury Shenk, Peter Jeydel, David Kris, and Nate Jones discuss: The US-UK-France air strikes on Syria, and rumors of “cyber-retaliation against the UK”; The Michael Cohen raid has added new vocabulary to the national lexicon that has nothing to do with Stormy Daniels: the “taint team.” What is a taint team, and how will it work here?; This FBI raid is a big deal; The trouble with taint teams – can the government be an honest broker?; Developments in the Schrems litigation in Europe;On the China front, the Administration continues to churn on additional restrictions on Chinese investments; The encryption wars continue in the US; The lower courts continue to wrestle with a number of knotty issues related to encryption.||4/15/2018||Free||View in iTunes|
||CleanInterview with Chris Bing and Patrick Howell O’Neill||In our 211th episode of The Cyberlaw Podcast, Stewart Baker, Jennifer Quinn-Barabanov, Brian Egan, and Nick Weaver discuss: what the latest autonomous driving deaths tell us about liability and regulation; Tesla’s tone-deaf explanation; Grindr suffers security meltdown and releases HIV status of its users; it gets a snippy letter from Ed Markey and Richard Blumenthal; they address the letter to Grindr in Hong Kong and don’t even bother to ask what access China has to the data; big new Internet of Things botnet gets taken out for a drive -t o the bank; does the Computer Fraud and Abuse Act (CFAA) violate security researchers’ first amendment rights; is Senate Judiciary working with the Department of Justice (DOJ) on a new encryption access bill; Softbank is getting a CFIUS workout; YouTube demonetization leads to mass shooting at company headquarters; Keeper can’t even get through a news cycle about its lame lawsuit without a story about its lame security; Stingrays blanket DC. Our guest interview is reporters Chris Bing and Patrick Howell O’Neill of Cyberscoop. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||4/8/2018||Free||View in iTunes|
||CleanInterview with David Sanger||In our 210th episode of The Cyberlaw Podcast, Stewart Baker, Maury Shenk, Ben Wittes, and Nick Weaver discuss: the encryption debate heats up; the FBI revives push for solution; “FBI doesn’t understand math” argument hits roadblock: hard to say Ray Ozzie doesn’t; Left/liberals piles on the Inspector General’s (IG) report suggesting maybe FBI didn’t want to use national security tools in a criminal case; good week for attribution and retribution; Carbanak mastermind busted in Spain? Nikulin extradited to US; the US to require social media usernames, email addresses, and phone numbers from visa applicants; Julian Assange loses internet connection, Matt Green displays his cruel streak; update on Keeper libel suit, if we can confirm case was dropped. Our guest interview is with David Sanger, National Security Correspondent for The New York Times. As always The Cyberlaw Podcast is open to feedback. Send your questions, suggestions for interview candidates or topics to CyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785. The Cyberlaw Podcast is hiring a part-time intern for our Washington, DC offices. If you are interested, visit our website at Steptoe.com/careers. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||4/1/2018||Free||View in iTunes|
||CleanInterview with Michael Page||In our 209th episode of The Cyberlaw Podcast, Stewart Baker, Susan Esserman, Maury Shenk, Jim Lewis, Jamil Jaffer, and the hosts of National Security Law Today, a podcast of the ABA Standing Committee on Law and National Security: CLOUD Act sneaks into law, moots Microsoft Ireland case; the Electronic Frontier Foundation (EFF) advertises its impotence; the American Civil Liberties Union (ACLU); Big Tech rides high, or at least higher than EFF; Section 230 immunity is breached. Look for more breaches ahead; Trump Administration imposes $60 billion in tariffs on Chinese goods – and more – for IP violations; the Federal Communications Commission rule would further discourage US purchases of Chinese telecom infrastructure; Iranian hackers charged with massive thefts of IP; Uber’s self-driving car raises questions about how good the tech really is; meanwhile, AI looks at least good enough to kill off a few lawyers, or at least their jobs; Facebook and Cambridge Analytica: is this a phony scandal, and does that matter? New York, Massachusetts, and the United Kingdom start beating on company; risks for the right; bad thoughts, no transport! China’s social credit system is looking more and more like Black Mirror (or maybe like Lyft’s nasty Social Justice Warrior/Southern Poverty Law Center mashup); speaking of which, firearms demo videos banned from YouTube. Our guest interview is with Michael Page, Policy and Ethics Advisor at OpenAI. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||3/25/2018||Free||View in iTunes|
||CleanInterview with Pete Chronis||In our 208th of The Cyberlaw Podcast, Stewart Baker, Alan Cohn, Stephanie Roy, and Gus Hurwitz discuss: the United Kingdom and Democrats’ attack on Cambridge Analytica;this week saw more pronouncements about regulatory oversight of crypto-assets; the trend seems to be more regulation, but by who? Broadcom bails as President and CFIUS veto Qualcomm deal on a brand-new theory of national security; and CFIUS bill co-opts critics; after a brutal op-ed by Representative Pittenger, calling out GE and IBM; what’s happening with net neutrality appeals? And what about those state Little Net Neutrality laws? Waiting for someone to die from a cyberattack before you get worried? You won’t have to wait long; the Russians are serious about messing with our power grid; the Department of Homeland Security calls them out; the National Cybersecurity and Communications Integration Center (NCICC) Report;why you won’t go wrong betting that privacy zealots hate cybersecurity; big trouble in AMD’s chipsets raises backdoor and supply chain worries; Treasury sanctions Russians for election meddling; Hal Martin’s dumb argument for making mass theft of classified documents harder (“Geez, who can keep track of a single document when you’re stealing terabytes?”) is rejected; dispatches from the bubble. Why the right is starting to hate Big Tech:; Twitter suspends comedian Steven Crowder for a video in which an intern crashed an LGBTQ meeting in SXSW claiming to identify as a computer. YouTube follows suit; meanwhile Louis Farrakhan stays up on Twitter, with a coveted blue check while tweeting that “the FBI has been the worst enemy of Black advancement. The Jews have control over those agencies of government”; but ever alert to the wrong kind of hate, Twitter seems to be blocking much of the Drudge Report; and Western Journal (WJ) says Facebook’s new algorithm for “giving a boost to quality news” reduces lefty site traffic by 2 percent and righty traffic by 14 percent; comparing two NY tabloids with very different politics, WJ says the change boosted Facebook’s traffic to the lefty Daily News by 24 percent and cut the righty NY Post traffic by 11 percent; similar claims had been made by another conservative site using a different methodology. Our guest interview is with Pete Chronis, Senior Vice President & Chief Information Security Officer at Turner Broadcasting and author of The Cyber Conundrum. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||3/18/2018||Free||View in iTunes|
||CleanInterview with Ambassador Nathan Sales||In our 207th episode of The Cyberlaw Podcast, Stewart Baker, Brian Egan, Jamil Jaffer and Matthew Heiman discuss: Qualcomm/Broadcom fight charts new path for CFIUS; more broadly, the US government is just beginning to struggle with the challenge of an economically strong adversary nation; weaponized capital; naive and compromised US academic institutions; China’s intelligence-industrial-unicorn complex; and an aggressive campaign to shape the views expressed on US campuses; the US Securities and Exchange Commission says digital coin exchanges may be unlawful; bitcoin takes a market hit; techno-privacy zealots in control of IETF endanger practical enterprise security in the name of fighting “back doors"; iss there a cyber staffing crisis in government, including the intelligence agencies?; FBI director says he won’t blow the regulatory whistle on breached companies that ask for Bureau help. Our guest interview is with Nathan Sales, Ambassador-at-Large and Coordinator for Counterterrorism at the State Department. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||3/11/2018||Free||View in iTunes|
||CleanInterview with Miles Brundage and Shahar Avin||In our 206th episode of The Cyberlaw Podcast, Stewart Baker, Maury Shenk, Megan Reiss and Gus Hurwitz discuss: evaluating the oral argument in Microsoft’s Ireland case; Google issues a report on how it’s implementing the Right To Be Forgotten; the Securities and Exchange Commission issues cybersecurity guidance; CFIUS: Chinese bodies keep piling up: Xcerra deal fails; Cogint fails too; and Genworth is on the bubble; next steps in attribution: false flags at the Olympics; Facebook, Google get one hour from the European Union to scrub terror content; related: Section 230 “platform” immunity begins to fray in the land of its birth; why this will end in tears; the story; the apology; blurred line between criminal and state cyberespionage; Edward Snowden criticizes Apple for posing as a protector of privacy while actually cozying up to a dictatorship. Words fail me; should we be worried about interstellar hacks. Our guest interview is Miles Brundage, AI Policy Research Fellow at the Future of Humanity Institute at Oxford and Shahar Avin of the Centre for the Study of Existential Risk and Research Associate at Cambridge to discuss their newly released paper The Malicious Use of Artificial Intelligence: Forecasting, Prevention and Mitigation. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm. 096866||3/4/2018||Free||View in iTunes|
||CleanNews Roundup||In our 205th episode of The Cyberlaw Podcast, Brian Egan, Maury Shenk and Jim Lewis discuss: Microsoft Ireland argument this week - get ready; Russian election interference: Democrats' reply memo; no surprise: the Russian bot campaign is a repurposing of tools used to control Russian public opinion - on behalf of lousy school lunches (lucky for us that this was never part of Michelle Obama’s plan for US school lunches); Google's Advanced Protection for high value targets - a personal review; US Attorney General creates cyber task force; the threat from quantum computing to public key encryption; Apple will store keys to Chinese iPhones' iCloud data in China; chilling of security research has just begun; meanwhile, Ars Technica responds to Keeper's outrageous lawsuit. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||2/25/2018||Free||View in iTunes|
||CleanNews Roundup||In our 204th episode of The Cyberlaw Podcast, Brian Egan, and Jamil Jaffer discuss: the Mueller indictments – Reviewing the basics, and what is and isn’t; election security – The “state of the states” isn’t great; are hanging chads the answer?; Kaspersky sues the United States over ban on Kaspersky software; Washington law firms beef up their Bill of Attainder practice groups; data security and breach notification; in the fact of more news on malicious cyber activity; the United Kingdom and the United States attribute the NotPetya attack to Russia; a White House report released Friday estimated that malicious cyber activity cost the US economy between $57 billion and $109 billion in 2016; is Congress more likely to pass new federal regulation, modeled in part on the European Union’s General Data Protection Regulation (GDPR)? Or are the “laboratories of democracy” doing their job?; a few takes from a House of Representatives hearing on data breach and data notification last week; meanwhile, the first cybersecurity “certifications” were due to be submitted to New York state regulators last week by covered financial institutions. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.||2/19/2018||Free||View in iTunes|
Excellent podcast. Must listen for anyone interested in the legal aspects of cybersecurity.
Consistently valuable source of cyberlaw news and analysis!
Professional and policy insight delivered well
Suspend disbelief! A group of lawyers, technology wonks and government officials (current and former) have created a podcast about cyberlaw and security that makes the time fly. I am none of those things, just a concerned and curious citizen. I look forward to each podcast to be ready both in my role as a corporate risk manager and my role on the 2nd Tuesday in November.