The Cyberlaw Podcast

By Steptoe & Johnson LLP

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Description

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 share their views  - and not those of the firm.

Episode Date
Episode 264: Unpacking the Supreme Court's decision in Pepper v. Apple
49:41
May 20, 2019
Episode 263: Turning the tables on Baker
39:30
May 13, 2019
Episode 262: Udderly indefensible facial recognition scandal may drive new privacy mooovement
35:08
May 06, 2019
Episode 261: Blockchain Takes Over the Podcast
58:48
Apr 29, 2019
Epidsode 260: Sending our passports to Pornhub
40:38
Apr 22, 2019
Episode 259: Why France understands Chinese policy better than the rest of us
39:00
Apr 15, 2019
Episode 258: The Death of Section 230
59:55
Apr 08, 2019
Episode 257: How we know the North Korean Embassy break-in wasn't the work of the CIA
40:00
Apr 01, 2019
Episode 256: National Bloviation Strategy
01:03:03
Mar 25, 2019
Episode 255: Imitation is the sincerest form of flattery: Russia and China revamp their military technologies
01:16:50
Mar 18, 2019
Episode 254: Skating on Stilts without Baker
54:26
Mar 11, 2019
Episode 253: Where angels fear to tread: NewsGuard takes on fake news
1:04:09
Mar 04, 2019
Episode 252: In the cyber adversary Olympics, it's Russia for the gold and North Korea (!) for the silver
1:02:58
Feb 25, 2019
Episode 251: Executive Orders and alien abductions
43:19
Feb 19, 2019
Episode 250: We give you Weaver
00:44:33
Feb 11, 2019
Episode 249: Black swans, black ops, BlackCube, and red herrings
56:44
Feb 04, 2019
Episode 248: Tomayto, Tomahto: Right to be Forgotten Meets Right to Die
01:06:35
Jan 28, 2019
Episode 247: "If I save Earth, you're gonna owe me."
01:01:55
Jan 22, 2019
Episode 246: Russia's Successful Search for Deterrence on the Cheap
36:31
Jan 14, 2019
Episode 245: "Pay no attention to the guns, the flashbang, and the handcuffs. You’re free to go at any time."
42:08
Jan 08, 2019
Episode 244: Blockchain Takes Over The Podcast
53:25
Dec 17, 2018
Episode 243: Tech World Turned Upside Down Down Under
01:03:10
Dec 10, 2018
Episode 242: Nobody Trolls Like the Russians
48:01
Dec 03, 2018
Episode 241: "You'll never know how evil a technology can be until the engineers deploying it fear for their jobs"
42:12
Nov 27, 2018
Episode 240: If Paris Calls, Should We Hang Up?
53:08
Nov 19, 2018
Episode 239: The Ministry of Silly Talk
01:35:15
Nov 12, 2018
Episode 238: Bold Prediction Episode: Foreign Governments Will Not Hack This Election
01:02:01
Nov 05, 2018
Episode 237: I'd Like to Teach the World to Troll, in Perfect Harmony!
01:05:01
Oct 29, 2018
Episode 236: Twitterlaw and the Khashoggi Killing
52:47
Oct 22, 2018
Episode 235: It's a Bird, It's a Plane, It's...Doug?
1:05:49
Oct 15, 2018
Episode 234: The California Turing Test
33:22
Oct 09, 2018
Episode 233: Outing the GRU
37:10
Oct 01, 2018
Episode 232: "I'm afraid you can't say that, Dave." Will Al Save the Internet from Vladimir Putin - and Matt Drudge?
01:05:19
Sep 24, 2018
Episode 231: Ah, September, when Europe Unleashes a Summer's Worth of Crazy
01:00:38
Sep 17, 2018
Episode 230: Click Here to Kill Everybody
01:00:48
Sep 10, 2018
Episode 229: Blockchain Takes Over The Cyberlaw Podcast
55:01
Sep 04, 2018
Bonus: Interview with Bruce Schneier (2015)
22:49
Aug 20, 2018
Bonus: Interview with Joseph Nye (2015)
34:30
Aug 06, 2018
Episode 228: Best Idea Yet for Derailing the Kavanaugh Nomination
58:49
Jul 30, 2018
Episode 227: Defending Against Deep Fakes with Lifelogs, Watermarks … and Tatts?
01:01:19
Jul 23, 2018
Episode 226: Where Are All My Twitter Followers?
58:33
Jul 16, 2018
Episode 225: Interview with General Michael Hayden
1:06:36
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.
Jul 09, 2018
Episode 224 with Duncan Hollis: Do We Need an International “Potluck” Cyber Coalition?
48:35
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.
Jul 02, 2018
Episode 223 with David Sanger: A War Reporter for the Cyber Age
1:09:48
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.
Jun 26, 2018
Interview with Megan Stifel
51:27
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.
Jun 18, 2018
News Roundup
35:34
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.
Jun 11, 2018
News Roundup
28:02
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.
Jun 04, 2018
Interview with Nick Bilton
31:21
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.
May 29, 2018
News Roundup
26:51
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.
May 25, 2018
Blockchain Takes Over The Cyberlaw Podcast
42:55
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.
May 21, 2018
News Roundup
47:20
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.
May 14, 2018
Interview with Nicholas Schmidle
1:06:32
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.
May 07, 2018
News Roundup
40:11
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.
Apr 30, 2018
News Roundup
40:15
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.
Apr 23, 2018
News Roundup
31:52
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.
Apr 16, 2018
Interview with Chris Bing and Patrick Howell O’Neill
54:54
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.
Apr 09, 2018
Interview with David Sanger
58:09
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.
Apr 02, 2018
Interview with Michael Page
1:08:22
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.
Mar 26, 2018
Interview with Pete Chronis
01:04:29
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.
Mar 19, 2018
Interview with Ambassador Nathan Sales
56:27
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.
Mar 12, 2018
Interview with Miles Brundage and Shahar Avin
57:07
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
Mar 05, 2018
News Roundup
32:13
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.
Feb 26, 2018
News Roundup
24:36
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.
Feb 20, 2018
Interview with Glenn Gerstell
42:33
In our 203rd episode of The Cyberlaw Podcast, Stewart Baker and Jamil Jaffer interview Glenn Gerstell, the General Counsel of the National Security Agency. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 14, 2018
The News Roundup
27:53
Feb 12, 2018
Interview with Susan Landau
1:06:51
In our 201st episode of The Cyberlaw Podcast, Stewart Baker, Brian Egan, and Nick Weaver discuss: unpacking the Nunes memo – quickly; China builds the Africa Union a totally pwned headquarters; Ninth Circuit sides with Twitter in ISIS terrorism support lawsuit; 28 fake advertising agencies to power giant malvertising campaign; while Twitter is awash in fake followers; are the Dutch paying the price for catching the Russians hacking the DNC?; more sex toy insecurity lawsuits; trade and cybersecurity; the European Union announces path forward for data protection in trade deals? the North American Free Trade Agreement (NAFTA) countries reportedly agree to include NIST cybersecurity principles in the digital trade chapter of a revised NAFTA. Our guest interview is with Susan Landau, Bridge Professor at the Fletcher School of Law & Diplomacy and School of Engineering, Department of Computer Science at Tufts University to discuss her newly released book Listening In: Cybersecurity in an Insecure Age. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 05, 2018
Interview with Tim Maurer
1:02:23
In our 200th episode of The Cyberlaw Podcast, Stewart Baker, Meredith Rathbone, and Nick Weaver discuss: walking back Wassenaar:  an update; Russia and software – Balkanization of the internet is coming on fast; Kaspersky story; a dog bites man and the European Court of Justice bites Facebook; FitBit gives away location of secret US army bases; jackpotting coming to an ATM near you. Our guest interview is with Tim Maurer co-director of the Cyber Policy Initiative and a fellow at the Carnegie Endowment for International Peace to discuss his newly released book Cyber Mercenaries: The State, Hackers, and Power. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 29, 2018
The News Roundup
41:39
In our 199th of The Cyberlaw Podcast, Stewart Baker, Michael Vatis, Markham Erickson, and Nick Weaver discuss: Section 702 reauthorization signed into law; immediately afterward, we get the FISA abuse memo; the story; Russian Twitter loves it (and why wouldn’t it?); followed by NSA destroying data subject to a preservation order; another player in the phone hacking game – Lebanese intelligence; and they’re even worse at keeping secrets than US intelligence; SWauTistic charged with involuntary manslaughter; electric system malware is getting really scary; amici in support of Microsoft file in the Supreme Court; an NSA gravestone love story; CFIUS: HNA deals will not be approved without more ownership data; can AI replace photoanalysts at NGA? Matt Green has some questions for Apple' I’ve got one too; if Taiwan can’t be a separate country from China, does that mean it can’t have separate iCloud storage? Cybersecurity startups can’t find the exit. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 22, 2018
Interview with Shane Harris
1:03:19
In our 198th of The Cyberlaw Podcast, Stewart Baker, Alan Cohn, Brian Egan, and Nick Weaver discuss: US House of Representatives extends surveillance law, rejecting new privacy safeguards; Apple’s China iCloud data migration sweeps up international user accounts; Apple to hand off Chinese iCloud operations to local firm in February; Apple says iCloud China data migration notice sent to some users in error; US Supreme Court to review bid to collect Internet sales tax; Inside Uber’s $100,000 payment to a hacker, and the fallout; and Uber’s latest scofflaw-ware problem; US House of Representatives passes the Cyber Vulnerability Disclosure Reporting Act; Deputy Attorney General Rosenstein’s proposal on encrypted communications; 21st century warfare.House Financial Services Committee hearing on CFIUS reform; Twitter allowed hackers to run an ad on its platform that pretended to come from Twitter itself; speaking of which, where is Twitter's promised Ad Transparency Center? Our guest interview is with Shane Harris National Security Correspondent for The Washington Post. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 16, 2018
Interview with Mara Hvistendahl
1:03:27
In our 197th episode of The Cyberlaw Podcast, Stewart Baker, Maury Shenk, and Nick Weaver discuss: Spectre/Meltdown: What is the problem? How does it get addressed? What does this mean legally for CPU makers? And for the future of cybersecurity? Customs imposes new limits on border electronics searches and catches flak. No good deed goes unpunished. What the heck is President Macron thinking? Password storage company suffers security failure, sues ArsTechnica for libel. Hal Martin pleads guilty. Our guest interview is with Mara Hvistendahl, National Fellow at New America and a contributing correspondent for Science.
Jan 08, 2018
Interview with Elsa Kania
55:21
In our 196th episode of The Cyberlaw Podcast, Stewart Baker, Brian Egan, and Nick Weaver discuss: China’s perspective on “sovereignty in cyberspace” emerges at China’s World Internet Conference although there is perhaps a ray of hope for US companies from a sidelines discussion with China’s governing cyber official on China’s cyber law; US financial institutions and their “project doomsday”; Nick Weaver asks what Apple is doing for pen/trap orders; unmasking rules changed as advocated by, uh, me; Germany calling for back doors in devices; Ethiopia spying on US-based journalists and human rights activists; our guest interview is with Elsa Kania, Adjunct Fellow with the Center for a New American Security. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Dec 11, 2017
Interview with Susan Hennessey and Andrew McCarthy
1:03:59
In our 195th episode of The Cyberlaw Podcast, Stewart Baker, Phil West, Nick Weaver, Jamil Jaffer, Susan Hennessey, and Andy McCarthy discuss: The Carpenter argument: Unhappy Justices desperately seeking a way for the ACLU to win that isn’t a bottomless bog; Tax reform what it means for Silicon Valley; This week in cyber prosecutions: Another NSA exploit hoarder pleads guilty; Krebs outs the ShadowBrokers’ victim; While the DOJ charges parastatal hackers from Boyusec, which promptly dissolves; New front in China-US cyber tension: Drones; DHS says DJI is a threat; DJI says DHS is insane; Uber's problems with Wickr and Telegram; Is it finally time to stop taking Apple’s high-horse security posturing seriously? Apple also wins the Equifax Prize for Breach Fix That Creates New Security Problems; And the by-now familiar sellout to China, as Tim Cook gives a "Whatever Xi Jin Ping Said" keynote speech at the celebration of the Chinese internet; Down to the wire on 702: What are the prospects for renewal, and how big a price will we pay in lost intelligence? Our guest interview is with Susan Hennessey, Brookings Fellow and Executive Editor of Lawfare, and Andy McCarthy is Legal Affairs Editor at the National Review and former assistant US attorney for the Southern District of New York. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Dec 04, 2017
Interview with Rob Reid
1:13:20
In our 194th episode of The Cyberlaw Podcast, Stewart Baker, Maury Shenk, Jim Lewis, and Rob Reid discuss: the Uber breach; the European Union doubling down on hacking software exports; the Office of the Director of National Intelligence releases "masking" report; Russia threatens to sanction Google if the US requires anything approaching what Russia requires of Yandex; remember those Chinese "security" cameras deployed by US agencies? Yeah, it's worse than we thought. Is there a classified crypto fight with industry under way? Germany’s cyber agency wants authority to hackback. (But, living up to recent stereotype, only for government.) Battle of the bots: “My millions of astroturfed Federal Communications Commission comments count for more than your millions of mail-merged comments from dead people.” This is irresistible. With great quantities of graphene consumption comes great responsibility, and great webs. Our guest interview is with Rob Reid who founded, ran, then eventually sold Listen.com, which created the Rhapsody music service. Rob writes science fiction novels, including his newest book After On and also hosts and produces “The After On Podcast." The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Nov 27, 2017
Interview with David Ignatius
55:09
In our 193rd episode of The Cyberlaw Podcast, Stewart Baker, Brian Egan, Markham Erickson, and David Ignatius discuss: Twitter becomes the censor’s wing of the censorship party; more on China’s success in “guiding” its populace; the Vulnerabilities Equities Process (VEP): much ado about not very much? Not to be outdone, China has its own VEP; the Internet of Chinese Things; Dà-Jiāng Innovations Science and Technology Co., Ltd discovers the perils of bug bounty programs; backflipping robot! The risks of fingerprint security. Our guest interview is with David Ignatius prize-winning Columnist and Associate Editor at The Washington Post. David has written numerous spy novels including the newly released The Quantum Spy. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Nov 20, 2017
Discussion with Michael Sulmeyer and Nicholas Weaver
59:44
In our 192nd episode of The Cyberlaw Podcast, Stewart Baker, Michael Sulmeyer, and Nicholas Weaver discuss: the Texas church shooting puts the fight with Silicon Valley back on the front burner; and why Apple increasingly resembles the FBI's crazy girlfriend; The New York Times reports fallout from the Shadow Brokers; US Department of Justice issues detailed indictment of Russian DNC hackers; ACDC acquires new cosponsors, including Trey Gowdy, and hacking back acquires new respectability, but not everywhere; USA Liberty comes out of House Judiciary; and USA Rights gets air time but no obvious traction; NDAA passes, with cyber consequences: MGT is in; cyber ops oversight by Armed Services Committees; "Lift and Separate" settles for "lift" – Call it the Margaret Dumont solution. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Nov 14, 2017
Election Cybersecurity Panel with Chris Krebs and Ed Felten
50:09
In our 191st episode Stewart Baker hosts the election security podcast before a live audience. The panel consists of Chris Krebs, formerly of Microsoft and now the top cybersecurity official at Department of Homeland Security (with the longest title in the federal government as proof), and Ed Felten, formerly the deputy Chief Technology Officer of the federal government and currently Princeton professor focused on cybersecurity and policy. The panel walks through the many stages of election machinery and the many ways that digitizing those stages has introduced new insecurities into our election results. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Nov 08, 2017
Interview with United States Senator Sheldon Whitehouse
37:25
In our 190th episode Stewart Baker has a chance to interview United States Senator Sheldon Whitehouse (D-RI) has a long history of engagement with technology and security issues. In this episode, we spend a remarkably detailed half-hour with him, covering the cybersecurity waterfront, from the FBI’s problems accessing the Texas church shooter’s phone, and what Silicon Valley should do about that, to Vladimir Putin’s electoral adventurism and how to combat it. Along the way, we touch (skeptically) on the NIST Cybersecurity Framework and more enthusiastically on allowing private citizens to leave their networks to track the hackers who’ve attacked them. Plus: botnet cures, praise for Microsoft, a cybersecurity inspector general (or, maybe, bug bounties), DHS’s role in civilian cybersecurity, and how much bigger Rhode Island really is at low tide! The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Nov 08, 2017
Interview with United States Representative Tom Graves
25:39
In our 189th episode Stewart Baker has a chance to interview United States Representative Tom Graves, co-sponsor of the Active Cyber Defense Certainty (ACDC) Act, which allows those whose networks are under persistent attack to leave their network to conduct investigative action. Representative Graves offers a measured but deeply felt defense of the proposal and is optimistic about its reception. And, with the hard-hitting investigative approach The Cyberlaw Podcast is known for, I ask the tough question: “Is this bill a tribute to AC/DC – and if so, which song?” (Hint in the title of the blog post.) Mark your calendars for November 7th when we will gather for a live taping of a special episode on Election Cybersecurity at our Dupont Circle offices here in DC. To register please visit the Events page of our website at steptoe.com. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Nov 01, 2017
Interview with Chris Painter
56:58
In our 188th episode of The Cyberlaw Podcast, Stewart Baker, Maury Shenk, Brian Egan, and Alexis Early discuss: CFIUS reform is in the air: Senator Cornyn's carefully scripted rollout has begun; but what's in the bill? Twitter's handling of Russian trolling once again suggests that its privacy policy should read: "Privacy: Good for you. Better for us.” The EU just keeps doubling down on European exceptionalism. Do we need a FISA reform antiproliferation pact? Reviewing the bidding: House Judiciary: “USA Liberty Crazy and irresponsible.” House Intelligence: "Yeah, we're not Judiciary." Senate Intelligence: “Tweakville.” The FBI says crypto defeats half of the phone searches it tries to do. Microsoft embraces new DOJ policy on gag orders, drops suit. Kaspersky offers a more complete defense, but it sounds a lot like a guilty plea. Our guest interview is with Chris Painter, former Coordinator for Cyber Issues in the Office of the Secretary at the US Department of State. Mark your calendars for November 7th when we will gather for a live taping of a special episode on Election Cybersecurity at our Dupont Circle offices here in DC. To register please visit the Events page of our website at steptoe.com. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 30, 2017
Interview with Tom Bossert
47:13
In our 187th episode Stewart Baker has a chance to talk to Tom Bossert, President Trump’s Homeland Security Adviser, on the record, and we’re releasing the conversation as a bonus episode of The Cyberlaw Podcast. The talk ranges from Peggy Noonan’s observations on White House staff work to the vast improvement in the West Wing’s carpeting before turning to our main topic – the looming deadline for renewing authority for FISA section 702. Tom is deeply familiar with the issues in the debate over 702. He stands by the administration’s position that 702 should be renewed without amendment and without a sunset but he discusses with nuance the many legislative proposals for changing the program as well. Finally, we talk about the executive order that unleashed a flood of internal reports on empowering DHS to protect the US government’s systems, measures to protect critical infrastructure, and the administration’s hunt for a new cyberspace deterrence strategy. Mark your calendars for November 7th when we will gather for a live taping of a special episode on Election Cybersecurity at our Dupont Circle offices here in DC. To register please visit the Events page of our website at steptoe.com. Download the 187th Episode (mp3). The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 26, 2017
Interview with Mieke Eoyang and Jamil Jaffer
57:54
In our 186th episode of The Cyberlaw Podcast, Stewart Baker, Jim Lewis, and Brian Egan discuss: Section 1621(f): Good Lord! If this is what we get from a Republican SASC, what would the Democrats require?; we learn even more about how Russia exploits social media and adtech; also, worth reading in translation; bad news for Big Silicon Valley: Adtech regulation proposals multiply; North Korea: still robbing banks semisuccessfully; and quite successfully killing shows they don't like; this Week in Sex Toy Security: the world's first teledildonics company cheerfully enables the invention of screwdriving; medical profession puts head in sand about medical device security; EU releases its first Privacy Shield report. Our guest interview is with Mieke Eoyang, Vice President for the National Security Program at the Third Way and Jamil Jaffer, the Founder of National Security Institute and Adjunct Professor at George Mason University. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 23, 2017
Interview with Marten Mickos
30:51
In our 185th episode of The Cyberlaw Podcast—a companion to episode 184—Stewart Baker and Marten Mickos, the CEO of HackerOne discuss bug bounties. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 17, 2017
The News Roundup with Shane Harris
41:34
In our 184th episode of The Cyberlaw Podcast, Stewart Baker, Alan Cohn, Brian Egan, and Shane Harris discuss: Russia has turned Kaspersky software into tool for spying; Kaspersky: not dead yet?; Germany sees no evil; nor Interpol; Twitter data deletion proves another of Baker’s Laws: Privacy always serves the powerful. In this case, Putin. Oh, and Twitter; Deputy Attorney General urges “responsible encryption”; fight over 702; Director Wray; Left/lib groups attack USA Liberty (subscription required); ‘Ridiculous Mistake’ let North Korea steal secret US war plans; and North Korea targets US power companies; Kirstjen Nielsen nominated to the Department of Homeland Security. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 16, 2017
Interview with Richard Danzig
55:00
In our 183rd episode of The Cyberlaw Podcast, Stewart Baker, Michael Vatis, Brian Egan, and Paul Rosenzweig discuss: the House Judiciary Committee strikes the first blow in the 702 renewal debate; the turf fight inside Treasury’s intelligence division goes nuclear; the Irish decision to refer the standard contracts clause/Privacy Shield case to the European Court of Justice; Kaspersky at the center of Russian compromise of NSA tools; and, not doing itself any good, Kaspersky reports on “piggyback” or fourth party intrusions aimed at Russian and Chinese hackers. Gee, who would be hurt by that report?; the United States Trade Representative takes on China’s cyber law. Our guest interview is with Richard Danzig, Senior Advisor to the Johns Hopkins Applied Physics Laboratory and the 71st Secretary of the United States Navy. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 10, 2017
Bonus Episode
1:06:50
In our 182nd episode of The Cyberlaw Podcast, Stewart Baker moderates a panel discussion recorded on September 27, 2017 on attribution at the 15th Annual Cyber Security Summit sponsored by Georgia Tech in Atlanta. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 05, 2017
News Roundup
46:40
In our 181st episode of The Cyberlaw Podcast, Stewart Baker, Stephen Heifetz, and Nicholas Weaver discuss: attributing the Equifax attack and the possibility that maybe Equifax weren't as negligent about patching as initial reports indicated; Twitter comes to Capitol Hill, goes home with a flea in its ear; so what should we be doing about it?; Whoa! The Department of Justice says that Google is defying court orders on disclosure of data – and building a system to make compliance impossible; Sens. Wyden and Lee are fixing to call Jim Comey a liar, and they'd like the Office of the Director of National Intelligence’s help; the Committee on Foreign Investment in the United States issues its annual report; thinking harder about vulnerabilities and disclosures. Download the 181st Episode (mp3). The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 02, 2017
Interview with Jeremy Rabkin
1:03:49
In our 180th episode of The Cyberlaw Podcast, Stewart Baker, Brian Egan, and Maury Shenk discuss: DC Court of Appeals says warrants required for stingray phone finder tool; the European Union gives optimistic take on Privacy Shield after US briefings; Robert Strayer, the new deputy assistant secretary of state for cyber and international communications and information policy, cementing the reorganization that has produced a lot of cyberangst; CCleaner hack yields insights into supply chain risk and maybe hackback's value; speaking of hackback's value, Joseph Cox of the Daily Beast says it's rampant; the Federal Trade Commission takes hit in D-Link case from Judge Donato; the Office of Personnel Management breach suits dismissed on standing – no harm yet and disclosed isn’t the same as stolen; Wikileaks releases documents about Russian software company that seems to be providing Lawful Interception capabilities to companies subject to Russian law; the Securities and Exchange Commission admits it was hacked, and results used for insider trading; Facebook backs down on claims of privacy for ad content, starts monitoring political ads; press says Giuliani’s cyber working group is hors de combat. Our guest interview is with Jeremy Rabkin, Professor of Law at the Antonin Scalia Law School at George Mason University. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Sep 25, 2017
Interview with Jeanette Manfra
45:38
In our 179th episode of The Cyberlaw Podcast, Stewart Baker, Stephen Heifetz, and Jennifer Quinn-Barabanov discuss: President blocks Lattice acquisition; House Judiciary committee leaks plans for 702 weakening; Equifax: How bad will the litigation be?; How it happened; the Federal Trade Commission; the lawsuits pile up; plus Congress, plus the states; not to mention derivative suits; Administration uses April Fools’ Day sanctions against Iranian hackers; more trouble for Facebook over the Russia probe; and for Silicon Valley in general; not to mention the "racist ad" controversy; Google; Twitter; everyone; California’s Eighth Circuit clarifies breach standing law? Our guest interview is with Jeanette Manfra, Assistant Secretary, Office of Cybersecurity and Communications at the Department of Homeland Security. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Sep 18, 2017
Interview with Rebecca Richards and Elizabeth Goitein
1:13:45
In our 178th episode of The Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Maury Shenk discuss: The Equifax breach spurs ugliness. Russia's use of social media gets attention in Washington. The European Court of Human Rights trims employers' right to monitor employees. Symantec reports that US electric grid systems penetrated, likely by Russians. The European Court of Justice sends Intel's $1.26 bn fine back for more scrutiny. Hack of the week: the "Evil Dolphin" attack. Lenovo settles with FTC (cheap!). More fallout: Best Buy dumps Kaspersky. Uber, not content with God mode, also runs Hell. Gets FBI probe. Our guest interview is with Elizabeth (Liza) Goitein, Co-Director of the Brennan Center for Justice’s Liberty and National Security Program and Rebecca (Becky) Richards, Civil Liberties & Privacy Officer/Transparency Officer at the National Security Agency. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Sep 11, 2017
Interview with Michael Mainelli
1:04:32
In our 177th episode of The Cyberlaw Podcast, Stewart Baker, Alan Cohn, Maury Shenk, and Paul Rosenzweig discuss: Foreign espionage drives government tech market, Kaspersky Lab, Dajiang Innovation Corporation (DJI), Apple loses control of its secure enclave software and Tim Cook explains why Apple accommodates China abut not the FBI, Internet of Things security act advances, UK looks to the future of data protection, DNA malware, Election hacking still making news, Maersk lost $300m to NotPetya ransomware, Cyber Command gets the Playtex cross-your-heart treatment, US designated as adequate by … Colombia. Our guest interview is with Michael Mainelli, Co-Founder and Chairman of Z/Yen. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Sep 05, 2017
Interview with David Aitel
56:13
In our 176th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Markham Erickson, Stephanie Roy, Anthony Rapa, and Maury Shenk discuss: Tough Russia sanctions law looks like a lock. Hollywood advance surrender to Russian hacking. Hacking Trump hotels isn't just fun; looks like it's also profitable. Hacking a Segway in mid-ride. Silicon Valley reluctant to risk Privacy Shield by fighting 702? Microsoft sues the GRU to dismantle its infrastructure. The European Court of Justice will rule on authority to censor what Americans read. Gag orders win in CA9. Dutch police reel in dark market users with fake dark market. China gets good at suppressing images. Our guest interview is with David Aitel, Founder and CEO of Immunity, Inc. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 24, 2017
Interview with Eric Hysen
58:55
In our 175th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Mutek, Alan Cohn, Quentin Johnson, and Gus Hurwitz discuss: longtime USG suspicions of Kaspersky boil over into action; Knight First Amendment Institute brings first amendment claim against Trump for using Twitter's block function; Booz Allen has a plausible explanation for the weirdness of NotPetya’s otherwise self-defeating ransomware pose; impenetrable cybersecurity unit downgraded to dialogue; also, Administration is downsizing international cyber norming to a coalition of the willing; Senator Klobuchar should claim credit' Jeanette Manfra named a/s for cybersecurity; China news: Xi’s crackdown continues as China moves to ban VPN usage; Woe is WoSign, also StartCom, as Google drops them from certificate authority lists; what does that say about the relative Chinese ties of Google, Mozilla, Apple and Microsoft?; speaking of which, Apple caves again. Our guest interview is with Eric Hysen, former Executive Director of the Department of Homeland Security’s Digital Service. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 17, 2017
Interview with Jim Miller
58:50
In our 174th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Brian Egan, and Joshua Holtzman discuss: Trump goes to Warsaw, meets Putin; DeepMind ICO NHS flap; background on the Google EU fine; China’s regulatory association demands “core socialist values” and in-house auditors for internet content sites; fight shaping up over FB warrants and gag order. Our guest interview is with Jim Miller, President of Adaptive Strategies, LLP and co-chair of the Department of Defense Science Board Task Force on Cyber Deterrence. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 10, 2017
Interview with Richard Ledgett
38:03
In our 173rd episode of the Steptoe Cyberlaw Podcast—a companion to episode 172—Stewart Baker is joined by guest Richard Ledgett, former National Security Agency Deputy Director. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 05, 2017
News Roundup
24:36
In our 172nd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Stephanie Roy, Stephen Heifetz, and Brian Egan discuss: Russia story jumps shark, shark eats Eric Lichtblau; CFIUS logjam!; is the GGE trainwreck bad for those of us who thought we were being railroaded?; and what can be salvaged internationally: FATF information sharing as a model?; the bull-headed minister and the CRA. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 03, 2017
Interview with Ellen Nakashima
51:56
In our 171th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Maury Shenk, Jon Sallet, and Jennifer Quinn-Barabanov discuss: new developments in breach law; Justice Kennedy’s gassy ode to the “Cyber Age"; DOJ’s merger authority growing firmer?; Germany authorizes law enforcement hacking; Germany also admits spying on the US; European Council prepares sanctions in response to cyberattacks; Russia beats Western companies into sharing cyber data; oral argument in LabMD goes badly for the FTC; solicitor General seeks review of Microsoft case; CIA contractors show cyberskills by hacking snacks. Our guest interview is with Ellen Nakashima, National Security Reporter at The Washington Post. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 26, 2017
News Roundup
34:58
In our 170th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Anthony Rapa discuss: the Senate passes Russia sanctions bill; more trouble for 702; the NSA and GCHQ link WannaCry to North Korea; Reality Winner’s losing streak; trade in exploits gets another expose. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 19, 2017
Interview with Ben Buchanan
1:05:43
In our 169th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Benjamin Wittes, Maury Shenk, and Brian Egan discuss: Comey and Trump: the upshot; clarity on 702, with DiFi, the Valley, and Tom Bossert plus all the R’s on SSCI laying out their positions; Qatar flap created by cyberattack?; China will use its cybersecurity law to investigate, naturally, Apple; Speaking of which, native Chinese company Rafotech has something a whole lot more sinister on 250 million machines; Ukraine’s unusual sanctions targeting Russian social media companies. Our guest interview is with Ben Buchanan, Postdoctoral Fellow of the Cyber Security Project at the Harvard Kennedy School and author of The Cybersecurity Dilemma: Hacking, Trust and Fear Between Nations. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 12, 2017
Interview with David Sanger
52:28
In our 168th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Karen Eltis, and Maury Shenk discuss: Social media firms have increased removals of online hate speech, brags EU. It turns out that they’re really talking about things like “anti-migrant” speech. Theresa May’s call for internet regulation to prevent the spread of she called “Islamic extremism.” Rightie claim that Obama and FBI was caught spying on Americans goes viral, despite lack of real connection to, uh, Obama and FBI, or even a scandal. In first annual review of Privacy Shield, EU to focus on Trump administration compliance rather than further US concessions ; Federal Court Revives Wikimedia’s Challenge to NSA Surveillance; China Cybersecurity Law takes effect. Our guest interview is with David Sanger, Chief Washington Correspondent for the New York Times to discuss cyber statecraft topics.
Jun 05, 2017
Interview with Meltem Demirors
56:48
In our 167th episode Blockchain Takes Over the Steptoe Cyberlaw Podcast, Alan Cohn, Maury Shenk, Matthew Kulkin, Cameron Arterton and Jared Butcher discuss: Digital Currency Taxation: Short overview of the IRS notice/TIGTA report/Coinbase summons; Current status of Coinbase subpoena proceedings; Third Coinbase User Opposes IRS Bid As ‘Fishing Expedition’; Coinbase Users Move To Stay Unnamed, Quash IRS Summons. Initial Coin Offerings: What is an ICO/How does it work; Legal Gray Areas (Howey test; fiduciary duties); SEC Official Urges Companies Issuing Tokens to Protect Investors; ICOs Are Changing the Way VCs Deal With Startups; The Legality of ICOs – Past and Future. Implementing Smart Contracts: Summary of blog post topics; GLTR article summary; What’s coming next. EU Proposal on AML Regulations: Status of the delayed EU proposal to extend AML regulation to virtual currencies. In other news, Surge in bitcoin price; Future of CFTC leadership; Update on OCC Fintech Charter. Our guest interview is with Meltem Demirors, Director of Development at Digital Currency Group.
Jun 02, 2017
Interview with Kevin Mandia
22:50
In our 166th episode of the Steptoe Cyberlaw Podcast—a companion to episode 165—Stewart Baker is joined by guest Kevin Mandia, CEO and Board Director of FireEye, where they discuss FireEye’s report entitled Cyber Espionage is Alive and Well: APT32 and the Threat to Global Corporations. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
May 26, 2017
News Roundup
28:20
Wannacry fallout continues; Who to blame?; Microsoft? David Omand, the former head of British intelligence agency GCHQ, said Microsoft should have maintained support for its Windows XP system to protect public services from hacks; North Korea?; NSA? PATCH Act; Companies who don’t patch? SEC Warns Firms To Beef Up Security After Cyberattacks; What does it say about relative nations’ security?; The Oliver-Pai debate on net neutrality; This week in cyberproliferation; Vietnam joins the ranks of cyberespionage enthusiasts; Russia as cyberweapons proliferator; EU Fines Facebook $122M Over “Lies” During WhatsApp Deal
May 22, 2017
Interview with Tim Maurer
53:42
In our 164th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Paul Rosenzweig, and Brian Egan discuss: the cyber EO is finally out – and just in time for wCry; WCry causes ransomware meltdown ; given a choice of blaming Microsoft, who wrote the bad code and the limited security update, the hackers who wrote the ransomware, or the GRU, who revealed the vulnerability, US reporters blame … NSA; Brad Smith of Microsoft thinks it shows we need a digital Geneva accord; NSA’s latest problems with compliance and the FISA court; Abbott Labs proposes a settlement with MedSec that would prevent it from talking to government in the absence of a preexisting inquiry and notice to Abbott; if Trump taped Comey, does it matter where he did it? Two-party consent rules. Our guest interview is with Tim Maurer, Fellow and co-director of the Cyber Policy Initiative at the Carnegie Endowment for International Peace. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
May 15, 2017
Interview with Susan Munro
1:02:53
In our 163rd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, Maury Shenk, and Jennifer Quinn-Barabanov discuss: Putin does what Putin does, this time in the French election: maybe with forged documents, plus prosecution threats for publishers, and NYT reporters whining about automated retweets ; OK, that’s nuts, but quite possibly the plaintiff bar’s future; transparency report reveals shocking stat on FBI searches of NSA data for criminal suspects. The bureau did it … once; less comforting stat: roughly a quarter of NSA’s 4000 intel reports describing Americans disclosed the Americans’ names; still no EO, but at least we have a new leaked draft; Home Depot settlement and what it means for class actions over breach; Trump White House’s American Tech Council launched; UK floats draft interception bill to a select audience; Germany’s intel service whines about Russian hacking and then about its lack of authority to, uh, hack back to destroy third party servers. Chris Painter, call your office!; DHS cybersecurity does well in budget deal DHS backpedals on privacy rights of non-Americans; ABA whines about border searches; Guardian plays world’s smallest violin: Cybercrime on the high seas: the new threat facing billionaire superyacht owners; Uh-oh. Two factor authentication falls to SS7 hack. Our guest interview is with Susan Munro, Steptoe partner and head of our Beijing office to discuss China’s new cyberlaw measures. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
May 08, 2017
Interview with Michael Schmitt (Updated)
52:08
In our 162nd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Stephanie Roy, Alan Cohn, and Brian Egan discuss: this is what a risk-averse signals intelligence agency looks like: giving up intelligence to satisfy elite opinion; FCC’s plan for net neutrality emerges; this week in sex toy security: the FTC to the rescue?; remember this story the next time Silicon Valley says the government can’t be trusted with crypto keys because of Snowden; the Russians who hacked Clinton are going after Macron in France, says Trend Micro; this week in vigilante cybersecurity: Flexispy is doxed; Brickerbot secures the IOT by administering “Internet Chemotherapy”; our guest interview is with Michael Schmitt, Professor of Law at the University of Exeter, the US Naval War College, and the US Military Academy at West Point and a leader in the effort to articulate the law of armed conflict in cyberspace known as Talinn 2.0. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
May 02, 2017
News Roundup
31:46
In our 161st episode of the Steptoe Cyberlaw Podcast, Alan Cohn and Maury Shenk discuss: Google ordered to turn over foreign data accessible from US (seems to go the other way from Microsoft Ireland case); Did the US blow up North Korea's missile?; proposed e-privacy regulations and views of Article 29 Working Party; Justice Department considering criminal charges against Wikileaks for CIA cyber-tools leak (seems to go the other way from last summer); lack of Trump administration response on Privacy Shield; Wassenaar negotiators get to work for 2017. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Apr 25, 2017
News Roundup with Julian Sanchez and Gus Hurwitz
37:53
In our 160th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Stephanie Roy, Julian Sanchez, and Gus Hurwitz discuss: Shadow Brokers releases two dumps in a week – only the second one makes news, and maybe NSA got to Microsoft first; Ajit Pai unveils net neutrality plan; Abbott Labs dinged for leaving defibrillator hacking holes unpatched for years; Burger King demonstrates what’s wrong with the Computer Fraud and Abuse Act; expanded rule 41 used against Kelihos bot; sky doesn’t fall; NSA has been monitoring SWIFT transactions in the Middle East. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Apr 17, 2017
Interview with Nicholas Weaver
1:04:38
In our 159th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Jamil Jaffer, Jennifer Quinn-Barabanov, and Maury Shenk discuss: New measures are planned to allow cops and spooks in the European Union to crack open encrypted apps and services, according to the bloc's Justice Commissioner; Trump administration to talk encryption challenges with EU; EU will ask Privacy Shield participants for US surveillance data; Wendy’s facing two-front battle over data breaches; Facebook loses its effort to block bulk search warrants; LabMD 1st Amendment claims against FTC survive dismissal; Judge won't halt Massachusetts ban on secret recordings; Germany sees growing cyber threat but lacks legal means to retaliate; India’s government has been scanning the irises and fingerprints of its citizens into a massive database. Our guest interview is with Nicholas Weaver, Senior Researcher of Networking and Security at the International Computer Science Institute in Berkeley and a lecturer in cyber security at UC Berkeley. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Apr 10, 2017
Triple Entente Beer Summit III
1:14:48
In our 158th episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis are joined by Ben Wittes, Tamara Wittes, Susan Hennessey, and Shane Harris from the Lawfare and Rational Security podcasts at the Triple Entente Beer Summit. They discuss: the (then pending) attack on Assad’s forces in Syria; the future of the Russia election/surveillance investigation; the meaning of changes to the National Security Council. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Apr 06, 2017
Interview with Joshua Corman and Justine Bone
1:03:18
In our 157th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Stephen Heifetz, and Philip Khinda discuss: Two White House Officials Helped Give Nunes Intelligence Reports; Buzzfeed motion; how Cisco responded to the Wikileaks Vault7 leak; Donald Trump has a new iPhone — so it looks like he isn’t boycotting Apple anymore; James Comey’s Twitter Account. Our guest interview is with Joshua Corman, Director of the Cyber Statecraft Initiative for the Atlantic Council, also serving on the HHS CyberSecurity Task Force required by CISA, and founder of "I am The Cavalry" a volunteer group focused on public safety/human life in connected technologies and Justine Bone, CEO and Director of MedSec, a company that analyzes the quality and security of technology solutions in the medical device and healthcare industries. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Apr 03, 2017
Interview with Michael Daniel
58:21
In our 156th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Stephanie Roy discuss: Wikileaks releases a second installment, this time mostly focusing on Apple, which scoffs at the alleged vulnerabilities; Wikileaks offers contract to pre-disclose leaked vulnerabilities; Third Circuit upholds contempt ruling for forgetting password; Congress begins the CRA process for internet telecom privacy regulations; another bad omen for the crypto imperialists of Silicon Valley: UK Home Secretary calls Whatsapp crypto “completely unacceptable.; Does GCHQ spy on Americans for NSA?; electronic devices won’t fly from Mideast; Bossert urges no changes to 702; North Korea’s bid to breach global banks. Our guest interview is with Michael Daniel, former Special Assistant to the President and Cybersecurity Coordinator at the White House and current President of the Cyber Threat Alliance. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 27, 2017
Debate with Greg Nojeim and Jamil Jaffer
1:20:58
In our 155th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Maury Shenk, and Alan Cohn discuss: White House wiretap flap keeps flapping; a failed attempt to sue foreign governments for cyberspying inside the US; European Court of Justice Limits Right to be Forgotten; Germany proposes $50 m fines for social media with disapproved views; Justice Department indicted four men, including two Russian spies, for hacking into Yahoo and stealing data on 500 million users; President Donald Trump will publicly call for a volunteer effort from tech companies and internet service providers to crack down on botnets; budget is good to cyber: $1.5 billion for Homeland Security Department programs that protect federal networks; and $61 million for the FBI that would go toward intelligence gathering and bypassing encryption; the German parliament voted today to loosen Germany's data protection laws, amid heightened concern over public safety; President Donald Trump will appoint Rob Joyce, the head of the NSA's elite hacking unit, as his top White House cyber adviser; Senate Confirms Coats as Trump's Intel Chief; Judge Koh rejects Google wiretap settlement. In place of our usual interview, we’re running a debate over hacking back that CSIS held last week as part of its 2017 Cyber Disrupt Summit. Stewart Baker is joined by Greg Nojeim, Senior Counsel at the Center for Democracy & Technology and Jamil Jaffer, Vice President for Strategy & Business Development of IronNet Cybersecurity. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 20, 2017
Interview with Curtis Dukes and Tony Sager
01:05:18
In our 154th episode of the Steptoe Cyberlaw Podcast, Carrie Cordero, Stephanie Roy, Markham Erickson, Jennifer Quinn-Barabanov, and Stewart Baker discuss: the Wikileaks Vault7 release, including Assange’s offer to work with Silicon Valley to fix vulnerabilities before disclosure; the increasingly dysfunctional rule that leaked documents remain classified after the leak; FCC investigating ATT 911 outage; Home Depot gets a $25m settlement; Second Circuit revives a TCPA class action; Tom Graves introduces a hackback defense to CFAA liability; Uber’s greyballing problems; piling on Geek Squad and why that might not be the best idea; and the end of a nasty porn copyright scam. Our guest interview is with Curtis Dukes, Executive Vice President of the Security Best Practices Automation Group and Tony Sager, Senior Vice President and Chief Evangelist, both from the Center for Internet Security. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 13, 2017
Interview with Matt Tait
49:12
In our 153rd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Maury Shenk discuss: Howard Schmidt, RIP; the Trump wiretap story; a federal magistrate judge in Wisconsin has ruled that the government can use a warrant issued under the Stored Communications Act to compel email providers to disclose the content of emails stored abroad; internet-connected teddy bear company hacked, 2 million parent-child voice messages exposed and held ransom; new analysis of the 50c army forces a reconsideration of who they are and what they do; the fight over 702 reauthorization warms up: lefty lawmakers want an estimate on how many innocent Americans are swept up in key surveillance programs up for reauthorization this year; a dozen civil society groups are asking Vera Jourová the European Commissioner for Justice, Consumer and Gender Equality, to suspend the US-EU Privacy Shield unless reforms are made to Section 702; and Wilbur Ross endorses Privacy Shield. Our guest interview is with Matt Tait, CEO and Founder of Capital Alpha Security. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 06, 2017
News Round-Up with Paul Rosenzweig
53:15
In our 152nd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Stephanie Roy, Maury Shenk, Jennifer-Quinn Barabanova, and Paul Rosenzweig discuss: Chairman Pai courts controversy to kill FCC security provisions; conclusion of EU legislative process for the Terrorism Directive, which includes an article authorizing blocking of Internet content related to promotion of terrorism; Time Magazine sued for disclosing reading habits of customers under Michigan privacy law-case survives standing challenge; Financial companies slap Arby's over data breach; Germanys' surveillance concern over Cayla the talking doll; Amazon's unpersuasive rational for withholding Alexa recordings; Fingerprint (non) disclosure decision out of the ND IL; the GSA IG report on 18F; the draft cyber Executive Order; the NASS's resolution to the DHS; and Chinese social media handle disclosure. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 27, 2017
Interview with John "Four" Flynn, Heather Adkins, and Troels Oerting
52:01
In our 151th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Maury Shank discuss: Microsoft calls for a cyber "Geneva Convention;" Chairman Michael McCaul (R-TX) opposes backdoors in encryption; the EU investigates robots; Turmoil in the White House cyber edition: Out like Flynn, in with McMaster; what's the impact on cyber?; White House staff are reportedly using encrypted messaging apps to communicate; Are the Russians Hacking the French election? Our guest interviews are with John "Four" Flynn, Chief Information and Security Officer at Uber, Heather Adkins, Director of Information Security at Google, and Troels Oerting, Group Chief Security Officer and Group Chief Information Security Officer at Barclays Bank. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 21, 2017
Interview with Dominic Rochon and Patricia Kosseim
1:07:56
In our 150th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Jennifer Quinn-Barabanov discuss: A federal judge currently in the spotlight for blocking President Donald Trump's travel ban executive order is now questioning the constitutionality of secrecy orders that accompany government surveillance demands; US District Court for the Western District of Washington Judge James Robart issued a 47-page opinion today allowing Microsoft to proceed with a lawsuit claiming a First Amendment violation when the government restricts internet providers from notifying subscribers about requests for their data; In coming down on smart-TV maker Vizio for tracking users' viewing habits without their consent, the Federal Trade Commission adopted broader definitions of "sensitive" information and consumer harm. But experts say not to expect a trend there, given the acting chairwoman's reservations about the settlement; The Trump Administration could soon begin asking foreigners coming to the United States — particularly from some Muslim-majority countries — to turn over their social media accounts and passwords, according to Homeland Security Secretary John Kelly; The new volume of the Tallinn Manual — named Tallinn 2.0 is out. It explores the applicability of international law to cyber activity below the threshold of armed conflict. A global group of 19 experts, aided by input from governments and international organizations, prepared the manual over the course of four years; The cybersecurity Executive Order that President Donald Trump is expected to sign this week would kick off a far-reaching White House review of each federal agency's cybersecurity risks, according to an updated draft; Hal Martin indicted: The theft may go well beyond what is in the indictment; The No. 2 official at the NSA is not leaving because of Trump. Richard Ledgett, whose departure the agency confirmed Friday, said politics had nothing to do with it; Google has warned a number of prominent journalists that state-sponsored hackers are attempting to steal their passwords and break into their inboxes. Our guest interview is with Dominic Rochon, Deputy Chief of Policy and Commmunications at the Communications Security Establishment, and Patricia Kosseim, Senior General Counsel and Director General of the Office of the Privacy Commissioner of Canada. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 13, 2017
Interview with Jason Healey
1:00:28
In our 149th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Meredith Rathbone discuss: Google loses its Microsoft Ireland case, probably because it would have to be called the “Google Cyberspace” case; FSB relief spurs momentary political meltdown among Washingtonians who don’t listen to the Steptoe Cyberlaw Podcast; Neil Gorsuch opines on computer searches and child porn; What’s happened to the cyber Executive Order?; The FSIA and suits against sovereign hackers; Brexit passes Commons and May promises data deal with EU; Google’s settlement approved despite cy pres objections; Austrian hotel guests inconvenienced but not imprisoned by ransomware; CFAA violations cost the Cardinals two high draft picks and $2 million. Our guest interview is with Jason Healey, Senior Research Scholar at Columbia University's School for International and Public Affairs. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 06, 2017
Interview with Corin Stone
1:02:49
In our 148th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, Jennifer Quinn-Barabanov, and Maury Shenk discuss: Second Circuit denies rehearing in Microsoft Ireland case by an evenly divided vote; Meeting between Donald Trump and Theresa May this week (including Russia sanctions), and UK Supreme Court decision on role of Parliament and Brexit; President Trump order on Privacy Act application to foreigners roils the Atlantic; New FTC Chair to shift data security focus to actual harm; But Ohlhausen may not end up with the top job, for ideological reasons; Trump’s cybersecurity review order; China disses attribution, and Russia shows the human risks of doing too good a job of attributing attacks; ADT settlement of early IOT security suit; No surprise here: Only government can unredact bulk data opinions; Lloyds bank accounts targeted in huge cybercrime attack; and President using outdated Android to tweet while watching TV. Our guest interview is with Corin Stone, Executive Director of the National Security Agency. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 31, 2017
Interview with Jack Goldsmith
44:05
In our 147th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Maury Shenk, and Alan Cohn discuss: The D-Link case: Another challenge for the FTC; The Obama administration reminds us why we'll miss them, and also why we won't: Retrospective on Obama cybersecurity, Obama Administration farewell statement on privacy; DHS issues a farewell report on incident response; The FCC's public safety team issues a white paper; EU judicial redress act squeaker: Europe designated, but not Brexiting UK; Trump's policy paper: "Cyberwarfare is an emerging battlefield, and we must take every measure to safeguard our national security secrets and systems. We will make it a priority to develop defensive and offensive cyber capabilities at our U.S. Cyber Command, and recruit the best and brightest Americans to serve in this crucial area."; The flap over WhatsApp security "back door"; and Alan Cohn’s special foreign correspondent report from Davos. Our guest interview is with Jack Goldsmith, Harvard Law Professor and co-founder of Lawfare. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 24, 2017
News Roundup
29:52
In our 146th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Stephanie Roy, Michael Vatis, and Maury Shenk discuss: Does the 1878 Posse Comitatus Act really make Trump’s plan to rely on military cybersecurity illegal?; St. Jude, FDA issues security update for device at center of short-selling; FCC privacy news; Europe roundup: EU says US explanation of Yahoo email scanning not enough, Germany's plan to fight fake news; If a Best Buy technician is a paid FBI informant, are his computer searches legal?; and Obama Administration releases long awaited new Executive Order 12333 rules on sharing of raw signals intelligence information within intelligence community. For live audience feedback, Gus Hurwitz, Assistant Professor of Law and Co-Director of Space, Cyber, and Telecommunications at the Nebraska College of Law, joins us to discuss the FTC and CSF from last week. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 17, 2017
Interview with Davis Hake and Nico Sell
54:03
In our 145th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Alan Cohn discuss: Russia hacking: The intel report and Trump’s surprisingly nuanced reaction; Report; What was Russia’s motivation? Occupy Wall Street and 201; Coverage of report Intercepts of Russian comms supports conclusion; UK role; Is Trump right to think that the Obama Administration is tilting intel to make him look bad?; When will Trump’s Twitter account be hacked?; China forces Apple to drop the NYT app from its China app store; Russia forces Apple and Google to drop the LinkedIn app from their Russian app stores; LabMD gets lots of amicus support; Rediscovering US libel law as a way to shut critics up; Europocrisy Prize starts to get traction? Our interview is with Davis Hake, former director of cybersecurity strategy at Palo Alto Networks, and Nico Sell, co-founder and CEO of Wickr. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 10, 2017
News Roundup
28:52
In our 144th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Maury Shenk, Meredith Rathbone, and Jennifer Quinn-Barabanov discuss: European Court of Justice decision that further limits data retention; Russian sanctions and the FBI/DHS Joint Analysis Report; The Vermont Yankee hacking flap; Listing of Russian Federal Security Service (FSB) has raised significant issues for US companies that get encryption import approvals from FSB; Wassenaar Arrangement effort to control exports of "intrusion software"; Class action fairness advocacy organization is challenging the Google settlement. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 03, 2017
Interview with Matthew Green
52:49
In our 143rd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Maury Shenk discuss: ENISA report shows European debate; Ashley Madison settles with the FTC; Google settles its class action on email scanning; OTT privacy rules; German, EU politicians talk tough punishments for fake news; and Russia hacking issue spins up even further. Our interview is with Matthew Green, Assistant Professor at the Johns Hopkins Information Security Institute. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Dec 19, 2016
Interview with Kiersten Todt
53:01
In our 142nd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Stephanie Roy discuss: Lindsey Graham and some Democrats want to investigate Russia’s role in the election; President-elect Trump still thinks that is fake news; FISA-derived evidence allowed by the United States Court of Appeals for the Ninth Circuit; What the FCC is likely to do with net neutrality and cybersecurity regulation; Gen. John Kelly named to head DHS; this tells us more or less nothing about cyber issues; Runnerup for DHS, Chairman Michael McCaul gives speech on DHS, wants to go back to crypto commission; Rep. Adam Schiff says the obvious: Trump will lean toward law enforcement in crypto debate but Congress is not ready to do anything. Our interview is with Kiersten Todt, Executive Director at the Presidential Commission on Enhancing National Security. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Dec 12, 2016
Interview with Scott Charney
1:06:55
In our 141st episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Maury Shenk discuss: Umbrella agreement passes European Parliament; Investigatory Powers Act gains royal assent; Trump says Department of Defense will protect civilian infrastructure, Cyber Command elevated, Firing Adm. Michael Rogers?; Department of Justice and a boatload of other countries sinkhole "Avalanche" botnet; Sen. John Cornyn holds off left/libertarian attackers to keep Rule 41 changes; CFIUS halts Chinese acquisition; National Commission delivers recommendations; Saudi Arabia suffers major Iranian attack. Our interview is with Corporate Vice President for Trustworthy Computing at Microsoft, Scott Charney. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Dec 06, 2016
Interview with John Markoff
50:47
In our 140th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, Maury Shenk, and Jennifer Quinn-Barabanov discuss: Five EU members say they want EU-wide crypto controls; FBI hacked more than 8,000 computers in 120 countries; Undisclosed collection of data on massage device spurs class action; and Wages of defeat: Election hack fever seizes the left and fake news fever seizes the left. Our interview is with New York Times reporter and author of "Machines of Loving Grace" John Markoff. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Nov 28, 2016
Interview with Steven Weber and Betsy Cooper
54:52
In our 139th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Katie Cassel discuss: Personnel is Policy in new Trump Administration: Will the head of NSA be fired or promoted? Mike Rogers at the center of the storm; President-elect Donald Trump's surprise decision Friday to nominate Rep. Mike Pompeo to run the CIA; Sen. Jeff Sessions pick "could be a sign that the Trump administration may take a tougher approach with the nation's tech industry; Personnel is Policy in the Senate: In one of the biggest shake-ups, Sen. Dianne Feinstein will leave her spot as the No. 1 Democrat on the Intelligence Committee; An advertising industry initiative has launched an anti-malware certification program; DHS releases recommendations for protecting internet-connected devices; NIST issues small business guidance; Two for the price of one: Secret “backdoor” software uncovered in Androids for sending users’ personal data to China; A piece of Chinese firmware for cheap Android phones has been found that allows unsecured firmware updates; Kaspersky whines about Microsoft Defender; Rule 41 override still dead as General Franco. Our interview is with Steven Weber and Betsy Cooper from the UC Berkeley Center for Long Term Cybersecurity. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Nov 21, 2016
Interview with Paul Rosenzweig and Shane Harris
56:57
In our 138th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Katie Cassel, and Maury Shenk discuss: 11th Circuit decides the case against the Commission in granting a stay that the Commission should have granted; LabMD says it will soon be a miniseries; DMCA exemption for security research takes effect; Yahoo admits knowing of 2014 breach in 2014, says it is unsure the Verizon deal will go through; Russia prepares to block LinkedIn for localization violations; Section 230 immunity gets weirder; German prosecutors investigate Facebook over hate posting; Big DDOS attack on Russian banks; Russian hackers target think tanks in post-election attacks; Amazon to repay parents for kids’ in-app purchases. Our interview is with former Deputy Assistant Secretary for Policy at Department of Homeland Security and noted cybercommentator, Paul Rosenzweig, and Daily Beast reporter, Shane Harris. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Nov 14, 2016
Interview with Frank Cilluffo
50:48
In our 137th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Maury Shenk, and Michael Vatis discuss: Privacy Shield Agreement challenged; China adopts cybersecurity legislation; FDA gets Congressional mail on device security response; FTC issues Business Guide to Data Breach Response; US Cyber Command has Warned Russia; Indonesia’s ‘Right to Be Forgotten’ Raises Press Freedom Issues; US Bank Regulator Notifies Congress of Major Data Security Breach; DMCA rules updated to give security experts legal backing to research. Our interview is with Associate Vice President and Director of the Center for Cyber and Homeland Security at George Washington University Frank Cilluffo. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Nov 07, 2016
Interview with Jonathan Zittrain
1:02:34
In our 136th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Kaitlin Cassel discuss: FBI gets reinforcements in the Great Crypto War: Europrosecutors Call for Tools to Crack Islamic State Encryption; Privacy Shield; Security reporting mandates proliferate: U.S. Treasury tells banks to provide details on cyber attacks; NHTSA Releases Proposed Cybersecurity Guidance For Vehicles; EU Issues Data-Protection Warning to WhatsApp, Yahoo; FCC adopts “opt-in” privacy rules for ISPs; HHS Imposes $2.1M Fine For Accidental File-Sharing Disclosure Of PHI; 23 out of 535 lawmakers against Rule 41 changes. Our interview is with Harvard Law Professor Jonathan Zittrain. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 31, 2016
Interview with Robert Silvers
48:59
In our 135th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Maury Shenk, and Kaitlin Cassel discuss: The overhyped flap-over search warrants that require phoneprints UK tribunal finds that GCHQ violated law in not disclosing mass collection of data; New cybersecurity regulations proposed for financial industry; DOD issues contractor cyberattack reporting regulations; Harold Martin: Source of the Shadowbrokers toolset after all?; Dynamic IP addresses are personal data, EU top court rules Blowing national security secrets gets a shrug from the press, but blowing John Podesta’s secrets leaves Julian Assange trying to mooch wifi from the neighbors; DDoS attacks slow web traffic for many sites. Our interview is with Assistant Secretary for Cybersecurity Policy at the Department of Homeland Security Robert Silvers. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 24, 2016
Interview with John Carlin
59:09
In our 134th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Maury Shenk, and Michael Vatis discuss:The Geofeedia flap over police access to public posts, UK ICO releases best practices for privacy notices, Banking security, Akamai confirms exploitation of IoT for mass hacking (along with mass DDOS), China’s internet child protection proposals stir unease, DOJ seeks rehearing in Microsoft Ireland case, and Russia announces attempt to break Western end to end encryption. Our interview is with outgoing Assistant Attorney General for National Security John Carlin. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 17, 2016
Interview with The Grugq
54:50
In our 133rd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, Maury Shenk, and Kaitlin Cassel discuss: DNI Fingers Russia for DNC hack Yahoo searches provoke another fake scandal Third Circuit rules that a badly sourced Glenn Greenwald article is all you need to survive a motion to dismiss TalkTalk case pulls data protection agency into cybersecurity standards business FCC’s proposed privacy regulations revised HHS Imposes $400K Fine For Outdated BAA Our interview is with The Grugq. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 13, 2016
Interview with Ellen Nakashima
1:12:55
In our 132nd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Markham Erickson, and Meredith Rathbone discuss: EU proposal on surveillance software exports; Gmail privacy suit trimmed, but Spokeo ruling keeps it alive; California passes law requiring removal of actor ages by database sites on request; and FCC pulls set-top box plan from meeting agenda. Our interview is with Ellen Nakashima of the Washington Post. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 06, 2016
Interview with Matt Cutts and Lisa Wiswell
53:10
In our 131st episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Jennifer Quinn-Barabanov, and Michael Vatis discuss: Microsoft's new datacenters aim to put customer data beyond the reach of US snooping; British Billionaire's Suit Over Alleged Leak Offers First Test of Privacy Law Yahoo! suffers big, old data breach, gets sued Brian Krebs, podcast alum, sets unenviable record: victim of world’s biggest DDOS attack, fueled by the IOT Our interview is with Matt Cutts and Lisa Wiswell of the Pentagon’s Defense Digital Service. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Sep 27, 2016
News Round-Up
24:06
In our 130th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Katie Cassel, Maury Shenk, and Michael Vatis discuss: NY Department of Financial Services issues cybersecurity regulations for banks and insurers EU finds its comparative advantage in writing regulations, not code Sixth circuit finds breach standing without allegations of injury CFTC Approves Final Rules On Cybersecurity Testing Ninth circuit allows “failure to warn” claim despite CDA 230 FTC wants to make the rubble bounce at LabMD. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Sep 19, 2016
Interview with Ciaran Martin
27:59
In episode 129b Stewart talks with Ciaran Martin, the chief executive of the UK’s National Cyber Security Centre. While the US political climate makes it implausible that the National Security Agency would be asked to head a nationwide cybersecurity center designed to work with the private sector, that’s exactly the job that the United Kingdom given to GCHQ, the British equivalent of NSA. Stewart asks why, and a lot more too. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Sep 15, 2016
Interview with Phil West
23:05
In our 129th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Phil West discuss: The OPM report from Government Oversight Unpacking the Ireland Apple tax dispute Another case (US v. Torres) falls out of the FBI’s PlayPen NIT. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Sep 14, 2016
Interview with Scott DePasquale
52:24
In our 128th episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Maury Shenk discuss: SWIFT Fraud Privacy Shield is up, and a lot of companies are signing up Equation Group tools outed – was NSA hacked by Shadow Brokers? Crypto World War Russia is hacking US politics CareFirst is kicking butt in injury-free breach lawsuits [Stewart] ECJ limits data protection jurisdiction LabMD loses before FTC and now can go to a neutral forum FTC loses turf in Ninth Circuit FTC finally notices that NIST has a Cybersecurity Framework UK watchdog endorses bulk collection of data Baltimore uses aerial surveillance tool from Iraq war Yahoo! skates with meaningless settlement of wiretap class action Our interview is with Scott DePasquale, CEO of Utilidata, to talk about cybersecurity and his contribution to the Internet Security Alliance’s upcoming book, The Cyber Security Social Contract. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Sep 07, 2016
Bonus Interview with Charles Allen and John McLaughlin
29:21
In our 127th episode, Stewart Baker talks with Charles Allen, who became intelligence chief for DHS after a full career at CIA, and John McLaughlin, who ended his career at CIA as the Deputy Director and Acting Director about the DNC hack. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 28, 2016
Interview with Ed Hammersla and Brian White
52:43
In our 126th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Maury Shenk, and Katie Cassel discuss: 9th Circuit: It’s a federal crime to visit a website after being told not to visit it The GOP platform and Hillary’s tech policy paper both straddle crypto issue GOP endorses hackback in platform Scottrade Could Get Off Scot-Free After Breach Massive Data Leaks target Hillary and Erdogan – Putin’s doing? EU Court Adviser Green-Lights Data-Retention Rules to Fight Serious Crime There have now been over 100 ISIS-linked terror plots against the West since 2014, according to a report released today by Homeland Security Committee 'NSA-Proof’ Phone Maker Raises $50M In Funding WhatsApp Is Briefly Shut Down in Brazil for a Third Time Our interview is with Ed Hammersla, CSO of Forcepoint Federal and Brian White, COO of RedOwl to talk about the new DOD rule requiring contractors to devise insider monitoring plans. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 27, 2016
Interview with Jeremy and Ariel Rabkin
1:05:19
In our 125th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and David Kris discuss: Second Circuit rules against US Government in Microsoft case; DOJ rolls out MLAT reform proposal; LabMD draws law firms, Coke into Tiversa data theft row; DEA needed warrant to track suspect’s phone, judge says; Most ransomware attacks are HIPAA breaches, Feds say; Stealthy cyberespionage malware targets energy companies; Chinese hackers blamed for multiple breaches at US banking agency; Chinese browsers: the perfect reconnaissance tool; and Slow start for cyberwar on ISIS. Our interview is with Jeremy Rabkin and Ariel Rabkin, author of Hacking Back without Cracking Up, published by the Hoover Institution. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 19, 2016
Interview with Congressman Will Hurd (R-TX)
22:08
What’s the difference between serving in Congress and spying in the back alleys of a Middle Eastern bazaar? Why not ask the one Congressman who’s done both – Rep. Will Hurd (R-TX). He also has cybersecurity chops from his career in industry, so he makes the perfect guest for episode 124a of the podcast. Just running through his week takes us from the difficulty of setting red lines in cyberspace to what we know about foreign penetration of the Clinton email server. But we manage as well to cover the declining fortunes of the Massie-Lofgren amendment and the reasons (and possible cures) for the disaster that is federal IT procurement. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 14, 2016
News Round-Up
27:42
In our 124th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Michael Vatis discuss: EU parliament’s Privacy Shield; US appeals court upholds conviction over shared password; Russia enacts sweeping data retention and decryption law; EU approves cybersecurity rules for critical industries and online service providers; 9th Circ. pressed to limit feds' use of foreign spying data; FBI, DOJ back data breach plan in FCC privacy proposal; Silent Circle quietly kills warrant canary; and 10 million Android devices reportedly infected with Chinese malware. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 12, 2016
News Round-Up
34:14
In our 123rd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Katie Cassell, Alan Cohn, and Maury Shenk discuss: Watchdogs issue global financial cybersecurity guidelines; Privacy Shield talks yield “no mass surveillance” pledge from USG; EU data flow to China; Belgian court throws out regulator's Facebook tracking ban; US Customs and Border Patrol is seeking social media data; Snowden calls proposed Russian antiterror measures 'Big Brother law'; FTC commissioner continues attack on FCC data rules; Senate expansion of FBI surveillance meets obstacle; does this cybercrime law actually keep us from fighting discrimination?; China moves closer to adopting controversial cybersecurity law; get through airport customs faster with this free app; 'NSA-Proof' phone maker allegedly considering bankruptcy; and China issues new Internet search rules following Baidu probe. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 06, 2016
Interview with Fred Kaplan
50:28
In our 122nd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Maury Shenk, and Michael Vatis discuss: Brexit and what it might mean for data privacy, cybersecurity, communications, and Internet governance policy for the UK and for the EU; DHS' final procedures for Cybersecurity Threat Information Sharing; The FBI’s Network Investigative Technique and one federal judge's holding that individuals have no reasonable expectation of privacy in their home computers because of the threat of hackers; The FTC's million dollar settlement with mobile advertising company InMobi over allegations that it tracked millions of customers’ locations without permission in order to serve them geo-targeted advertising, including children. Our interview is with Fred Kaplan, author of Dark Territory: The Secret History of Cyber War. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 28, 2016
Interview with Jamie Smith
46:17
In our 121st episode of the Steptoe Cyberlaw Podcast, Alan Cohn and Jason Weinstein discuss: Ethereum and the DAO; the New York State Department of Financial Services issued its second Bitlicense, this time to Ripple; European Parliament moves to develop digital currency regulations; Blockchain comes to DC; and Bank of Canada develops a digital version of the Canadian dollar. Our interview is with Jamie Smith, Global Chief Communications Officer for the BitFury Group, one of the largest full-service blockchain technology companies. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 23, 2016
News Round-Up with Paul Rosenzweig
35:20
In our 120th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, Kaitlin Cassel, and Paul Rosenzweig discuss: Internet oversight transfer by US could face new hurdles; court finds CareFirst breach plaintiffs have no standing without actual harm; NIT-picking loses in EDVA; hamburger plays privacy hot dog; UK: despite hacking and snooping fears, web surveillance legislation sails forward; UK: Leslie R. Caldwell speaks on UK treaty; French court convicts Uber of violating transport, privacy laws; RTBF: researchers uncover a flaw in Europe’s tough privacy rules; and House panel wants DHS cybersecurity unit made into agency. Our interview with Rep. Will Hurd was delayed at the last moment, so we’re releasing it separately from the episode 120 news roundup. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 14, 2016
Interview with Kevin Kelly
01:01:32
In our 119th episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Maury Shenk discuss: US tech companies agree to EU code of conduct on terror and hate content; Federal appeals court rules cell tower locations are not protected information; Changes to money laundering laws in the EU are delayed until July; Critics to new US banking data policy in trade deals; FCC Privacy Laws: Small providers say FCC can not impose ISP privacy rules, FCC's recent Notice of Proposed Rule Making under scrutiny, North Korea's version of Facebook is hacked by Scottish teenager, FOIA security review of Hillary Clinton's email; VICE's article on Snowden; Downfall of Tor developer Jacob Appelbaum. In our second half we have an interview with Kevin Kelly, founding executive editor of Wired Magazine and author of The Inevitable: Understanding the 12 Technological Forces that will Shape our Future. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 08, 2016
Interview with Angelos Keromytis
47:26
In our 118th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Alan Cohn discuss: Judge rules against FBI in child-porn case; Twitter fights the classified tag on surveillance report; EU: E U prepares to end geoblocking in online sales, Europe seeks greater control over digital services, European privacy case threatens data flowing to the US, EU moves toward regulating virtual currencies; Senate bill would amend the email privacy bill; SWIFT to unveil new security plans. In our second half we have an interview with Angelos Keromytis, associate professor at Columbia and Program Manager for the Information Innovation Office at DARPA. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 01, 2016
Interview with Patrick Gray
57:52
In our 117th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Alan Cohn discuss: Home Depot data breach ruling; Supreme Court decision in Spokeo, Inc. v. Robins; New rule requires government contractors to adopt basic cyberseucrity measures; Court rejects Mozilla's bid to intervene in FBI-child porn case; Google appeals French privacy ruling; Senators call on Congress to stop massive expansion of government surveillance and hacking; SEC recognizes cybersecurity threat to financial systems. In our second half we have an interview with Patrick Gray, host of the Risky Business podcast. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
May 24, 2016
Interview with Dmitri Alperovitch
45:16
In our 116th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Roger Warin discuss: Defend Trade Secrets Act of 2016; Class-action suit targeting law firm privacy protections; Data breach action against Zappos; FTC schools FCC on privacy protection efforts. In our second half we have an interview with Dmitri Alperovitch, the CTO and co-founder of CrowdStrike. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
May 17, 2016
Interview with Orin Kerr
47:53
In our 115th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Maury Shenk, and Kaitlin Cassel discuss: EU moves forward on US law enforcement data pact; Amazon is liable for in-app purchases by kids; HHS's new enforcement policy; UK government advises not to change passwords too often; App users get privacy lifeline in First Circuit Video Privacy Protection Act ruling; The government wants your fingerprint to unlock your phone. In our second half we discuss with GWU professor Orin Kerr a mandate from Congress that the FISA court review a regulation for compliance with an amendment that is usually invoked only in individual cases. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
May 10, 2016
Interview with General Hayden
58:51
In our 114th episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis discuss: Massachusetts court overturns the search warrant used in FBI-child porn case; Supreme Court approves a change to Rule 41; FISA news: Warrantless surveillance in terror case raises constitutional challenge, NY Times sues Treasury Department over FISA-related document, Lawmakers demand to know how many people were caught in domestic surveillance programs; Nebraska expands data breach law; US Steel claims hackers stole advanced steel technology. In our second half we have an interview with General Michael Hayden, former director of the NSA and CIA and author of "Playing to the Edge: American Intelligence in the Age of Terror." The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
May 03, 2016
Interview with Patrick Henry, Dan Kaminsky, Kiran Raj, and Dr. Zulfikar Ramzan
1:31:17
In our 113th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Maury Shenk discuss: United Kingdom: UK’s pending surveillance bill and GCHQ’s compliance regime for access to bulk personal data; Apple stops providing security patches to QuickTime on Windows; Federal judge rules FBI didn’t have proper warrant to hack child porn site; FISA Court troubled by surveillance excesses at FBI and NSA; and Chinese drone maker says that it may share data with local government. In our second half, we have a one-hour panel discussion with cryptographers and security professionals at the Annual International Conference on Cyber Engagement, the panelists include: Patrick Henry, a notable cryptographer with experience at GCHQ, NSA, and the private sector; Dan Kaminsky, the Chief Scientist at White Ops; Kiran Raj, who is Senior Counsel to the Deputy Attorney General; and Dr. Zulfikar Ramzan the CTO of RSA Security. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Apr 27, 2016
Interview with Eric Jensen
1:06:35
In our 112th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Alan Cohn, and Maury Shenk discuss: Europe: European Parliament has formally approved the EU’s sweeping new data protection regulation, The Article 29 Working Party call for changes to Privacy Shield; No warrant required for phone location records; Judiciary Committee has reported out a bill requiring warrants for even very old email content; FBI vs. Apple: FBI files their brief, Leakers say the FBI hasn't learned much from the unlocked San Bernardino iPhone, FBI paid professional hackers a one-time fee to crack San Bernardino iPhone; Cybersecurity Report says US government has worse cybersecurity than any other industry segment; Seventh Circuit once again found plaintiffs to have standing in a data breach case; White House announces members and first meeting of Commission on Enhancing National Cybersecurity; Uber issues a transparency report. In our second half we have an interview with Eric Jensen, professor of law at Brigham Young University, about his work on the Talinn 2.0 manual covering the law of cyberwar. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Apr 20, 2016
Interview with Suzanne Spaulding
55:58
In our 111th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Kaitlin Cassel discuss: Senate bill on encryption: Senator Wyden pledges to fight the limits on encryption, Whatsapp turns on encryption for a billion users, Divided White House; Panama Papers; Law firm compromised by a phishing scam; US adds China’s Internet controls to list of trade barriers. In our second half we have an interview with Suzanne Spaulding, Under Secretary for the National Protection and Programs Directorate (NPPD) at the Department of Homeland Security. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Apr 12, 2016
Interview with Susan Munro and Ying Huang
32:20
In a bonus 110th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Susan Munro, and Ying Huang discuss what is happening in Chinese cybersecurity and data protection law and where it is going.
Apr 08, 2016
Interview with Perianne Boring
53:06
In our 109th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Kaitlin Cassel discuss: Apple v. FBI: Court vacates iPhone hack order against Apple; FBI agrees to try to hack iPod in Arkansas murder case; FBI Tests Technique’s Ability to Unlock More Versions of iPhone; Google has also been ordered to help unlock phones; the half-hidden security scandal in Hillary’s email server; FCC votes for strict new broadband privacy rules; hackers breach law firms; and FBI fights back against court order demanding Tor exploit source code. In our second half we have an interview with Perianne Boring, founder and president of the Chamber of Digital Commerce. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Apr 05, 2016
Interview with Nuala O’Connor
52:51
In our 108th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Meredith Rathbone are joined by Nuala O’Connor, President and CEO of the Center for Democracy and Technology. They discuss: EU ministers actions on intelligence in the wake of the Brussels bombings; US to place trade restrictions on ZTE; US indicts seven Iranians in cyberattacks on banks and a dam; French CNIL says Google must censor US internet to meet right to be forgotten; lawmakers say NSA data sharing plan is unconstitutional; and FTC's Ohlhausen blasts FCC's restrictive privacy plans. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 29, 2016
Interview with Adam Segal
55:06
In our 107th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Maury Shenk discuss: Spain sends Google right to forgotten requests to US; Apple fight continues: Obama weighs in and Apple’s latest filing includes a very lawyerly set of statements about other countries from Federighi; WhatsApp and Microsoft struggle with Apple fallout; Home Depot settles with consumers in data breach class action; and $3.9M HIPAA deal for lost laptop. In our second half we have an interview with Adam Segal, the Maurice R. Greenberg Senior Fellow at the Council on Foreign Relation and author of numerous books including The Hacked World Order. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 22, 2016
Interview with Phil Reitinger
34:36
In a bonus 106th episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Alan Cohn interview Phil Reitinger, former DHS Deputy Undersecretary for Cybersecurity and Sony Corporation CISO and current Director of the new Global Cyber Alliance. They discuss the impact on DHS’s National Protection and Programs Directorate from President Obama’s recent creation of a Federal Chief Information Security Officer in the Executive Office of the President and the launch of the Global Cyber Alliance. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 17, 2016
Interview with Robin Weisman and Peter Van Valkenburgh
54:32
In our 105th episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, Alan Cohn, and Maury Shenk discuss: the recently released details of the new US-EU Privacy Shield; FTC developments: the Commissioner weighs in on encryption regulation; the FTC discredits its own “common sense” security requirements are discredited; CFPB issues its first data security enforcement order; FCC proposes privacy rules for Internet providers; Apple vs. FBI: Amicus briefs; US government’s brief; Hearing set for March 22; China looms; and Facebook and Germany: Facebook ruling cuts power of Hamburg data regulators; Facebook “like” button may require consent. In our second half we have an interview with Robin Weisman and Peter Van Valkenburgh of Coin Center. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 16, 2016
Steptoe Cyberlaw Podcast – Interview with Jim Lewis
48:18
In our 104th episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Alan Cohn are joined by Jim Lewis, senior fellow and director of the Strategic Technologies Program for CSIS, at 25th annual RSA Conference. They discuss: Apple’s legal arguments for not providing assistance to the FBI; the bidding on encryption on Capitol Hill; China’s backdoors into the iPhone; Baidu’s role in compromising users; Privacy Shield; Brazil’s jailing of a senior Facebook executive; and North Korea’s hacking team has been pantsed in a recent Novetta report. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 07, 2016
Hostfull II
24:48
In our 103rd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss: Apple’s brief against providing additional assistance to the FBI in its investigation of the San Bernardino killings; California AG’s breach report; and DHS guidelines for information sharing. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 01, 2016
Interview with Glenn Gerstell
1:05:47
In our 102nd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Alan Cohn, and Stephen Heifetz discuss: the fight between Apple and the Justice Department; CFIUS’s annual report; Google’s newest effort to accommodate European data censors; and judiciary rules that FBI must reveal the Malware it used to hack computers in child porn raid. In our second half we have an interview with Glenn Gerstell, General Counsel at the National Security Agency. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 23, 2016
Triple Entente Beer Summit II
1:11:34
In our 101st episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Alan Cohn are joined by Ben Wittes, Tamara Wittes, and Shane Harris from the Lawfare and Rational Security podcasts at the Triple Entente Beer Summit. They discuss: the confrontation between Apple and the Justice Department; Nitro Zeus: the US’s cyberattack plan if the Iran nuclear dispute led to conflict, and Administration’s rekindled enthusiasm for countering violent extremism. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 22, 2016
Interview with David Kris
58:37
In our one hundredth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Alan Cohn, and Maury Shenk discuss: Safe Harbor replaced by “Privacy Shield”; Department of Health and Human Services ALJ upholds Lincare’s $240k penalty for HIPPA violations; UK proposes to bring British wiretap orders and search warrants to the US; controversy at Berkeley over network monitoring; and security firm Norse Corp. imploded last week. In our second half we have an interview with David Kris, former Assistant Attorney General for National Security, coauthor of "National Security Investigations & Prosecutions,” and General Counsel of Intellectual Ventures. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 08, 2016
Interview with Amit Ashkenazi
57:16
In our ninety-ninth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Maury Shenk discuss: Safe Harbor: deal or no deal?; Judicial Redress Act emerges from Senate Judiciary; Government Accountability Office criticizes DHS’s Einstein cyberdefense program; House Oversight to investigate Juniper code anomalies; and Crypto: Attorney General asks for Silicon Valley’s help; DOJ and FTC disagree on government access to encrypted information. In our second half we have an interview with Amit Ashkenazi, legal advisor of The Israel National Cyber Bureau and a former general counsel to Israel’s data protection agency. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 01, 2016
Interview with Melanie Teplinsky
52:12
In our ninety-eighth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Maury Shenk discuss: Safe Harbor stagnates; New York bans sale of encrypted smartphones; firm sues cyber insurer over $480k loss; hacked casino sues cybersecurity firm; debate over data breach injury and standing continues in Minnesota; FBI unapologetic about running porn site; Senate Judiciary tees up Judicial Redress Act; and White House creates new organization for background investigations. In our second half we have an interview with Melanie Teplinsky, former cybersecurity lawyer at Steptoe, adjunct professor at American University’s Washington, and advisory board member for Crowdstrike. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 26, 2016
Interview with John Lynch
1:02:44
In our ninety-seventh episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, Maury Shenk, and Meredith Rathbone discuss: Tech and Terror: Twitter’s liability for terrorist group activity; Apple lashes out on encryption debate; cyber may result in a redo for the Wassenaar Arrangement; European Court of Human Rights brings good news for corporate security programs; FTC fines dental software firm over encryption claims; first EU-wide cybersecurity rules backed by Internal Market Committee; NSA’s report on 215 implementation; Yahoo’s settlement of an email surveillance suit; and ODNI is hacked by same teen who hacked CIA director. In our second half Jim Lewis, CSIS, joins our interview with John Lynch, head of the Justice Department’s computer crime section. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 20, 2016
Interview with Senator Tom Cotton
48:16
In our ninety-sixth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Maury Shenk discuss: Ukraine electric grid hack; US tech firms lobby against UK security bill; Administration asks Silicon Valley for help fighting terrorism on social media; privacy protects the privileged: Volkswagen refuses to comply with US government investigative demands; DOJ wants to moot the Klayman v. Obama victory; NSA’s General Counsel makes his first public statement; Defense counsel claim FBI mishandled child porn investigation; and EU’s “cookie notice” privacy requirement comes under fire. In our second half we have an interview with Senator Tom Cotton of Arkansas, who sits on the Intelligence Committee. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 12, 2016
Interview with Nick Weaver
57:31
In our ninety-fifth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Alan Cohn discuss: Cyber Security Act passes; EU agrees to international extension of data protection rules; tech firms prepare for new EU privacy laws; security and privacy regulation on the rise: HIPAA, COPPA, and order-enforcement fines up to $100 million; and CFTC approves new testing rules for derivatives clearing organizations, trading platforms, swap data repositories. In our second half we have an interview with Nick Weaver of the International Computer Science Institute in Berkeley. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 05, 2016
Interview with Mike Daugherty
11:23
In a bonus ninety-fourth episode of the Steptoe Cyberlaw Podcast, Stewart Baker interviews Mike Daugherty, CEO of LabMD, at the Black Hat Executive Summit. Mike discusses his six-year battle with the Federal Trade Commission over a file-sharing program installed on the corporate network of LabMD. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Dec 21, 2015
Interview with Rod Beckstrom
47:00
In our ninety-third episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Alan Cohn discuss: proposals requiring social media sites to do more about online terrorist activity; first EU-wide cybersecurity rules for critical infrastructure and how they will affect US companies; Wyndham Hotels agrees to 20 years of privacy and security monitoring by the FTC; and encryption: Rep. McCaul to introduce a bill that creates encryption commission; White House meets with privacy advocates about encryption; FBI Chief says Texas gunman used encryption to text overseas terrorist. In our second half we have an interview with Rod Beckstrom, where we discuss his expansive career which started at DHS’s National Cybersecurity Center, he then headed ICANN; before and after those gigs, he was a Silicon Valley investor and officer in security startups as early as the 1990s and as recently as this year. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Dec 15, 2015
Interview with Ellen Nakashima and Tony Cole
53:33
In our ninety-second episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Maury Shenk, Michael Vatis, and Jason Weinstein discuss: appeals court clears accused ‘Cannibal Cop’ of all charges; the fate of the Safe Harbor negotiations; foreign pressure on US companies to aid surveillance; tech companies dodge liability; and stalemate over law requiring a warrant. In our second half we have an interview with Washington Post reporter Ellen Nakashima and Tony Cole, the Global Government CTO with FireEye. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Dec 08, 2015
Interview with Jason Healey
53:38
In our ninety-first episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Alan Cohn discuss: court upholds warrantless surveillance program as NSA metadata program shuts down; FTC and LabMD data-privacy case: FTC launces an appeal and LabMD sues FTC lawyers; Google has mostly won their cookie case, but not quite; NRC’s new cyberattack reporting requirements; Iranian hackers attack State Department via social media accounts; and Comcast injects copyright warnings into users’ screens. In our second half we have an interview with Jason Healey of the Atlantic Council and Columbia University. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Dec 01, 2015
Interview with Charlie Savage
1:04:15
In our ninetieth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis discuss: The FTC’s astonishing loss to LabMD; The European Union “cracking down” on bitcoin; The G20 embracing limits on commercial cyberespionage; Latest in litigation over the nearly expired NSA 215 program; 24 hour tech support available for ISIS; Snowden and ISIS: Glenn Greenwald insists that Snowden taught ISIS nothing about security; Tech manual used by ISIS invokes Snowden’s advice about remote storage systems. In our second half we have an interview with Charlie Savage, New York Times reporter, where we talk about Power Wars, his monumental new book on the law and politics of terrorism in the Obama (and Bush) administrations.
Nov 24, 2015
Interview with Mark Shuttleworth
52:33
In our eighty-ninth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis discuss: Section 215 is still in the news: Program temporarily blocked by DC judge, NSA asks to continue program pending appeal, DC Circuit gives temporary reprieve to the program; Microsoft offers EU customers option to store data in Germany; Safe Harbor continues: EU wants US firms to help mitigate data-protection concerns; and NY outlines the upcoming cybersecurity requirements for banks and insurers. In our second half we have an interview with Mark Shuttleworth, founder of Ubuntu and leader of product design at Canonical. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Nov 17, 2015
Interview with Adam Kozy and Johannes Gilger
49:37
In our eighty-eighth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis discuss: Safe Harbor developments; TPP Aims To Spread US-Style IP Protections Overseas; and UK privacy office claims that the right to be forgotten is working out just fine. In our second half we have an interview with Adam Kozy and Johannes Gilger, of Crowdstrike. They expand on their 2015 Blackhat talk about China’s deployment of Great Firewall infrastructure to hijack American and Taiwanese computers and use them in a DDOS attack against Github. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Nov 11, 2015
Interview with Ari Schwartz
57:41
In our eighty-seventh episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis discuss: US and EU agree in principle on data-sharing pact; Apple and the DOJ go head-to-head over access to user’s data; the Second Circuit rejects the privacy campaigners’ motion for an injunction; and the Fourth Circuit will en banc review the cellphone location data warrant fight. In our second half we have an interview with Ari Schwartz, former senior director for cybersecurity on the United States National Security Council Staff at the White House, where we discuss the House and Senate passing information sharing bills. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Nov 03, 2015
Interview with Mikko Hypponen
52:48
In our eighty-sixth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis discuss: ECJ’s Safe Harbor fallout continues: Israel cuts off data transfers to the US; Brad Smith’s implausible solution to the transatlantic data rift; House approves a bill extending data privacy rights to foreigners; Cybersecurity Information Sharing Act (CISA) comes to the floor with some interesting pending amendments; CIA director Brennan’s personal e-mail is hacked; and CrowdStrike says that Chinese government hackers are still stealing commercial secrets. In our second half we have an interview with Mikko Hypponen, Chief Research Officer at F-Secure, where we discuss his company’s recently published lengthy paper on Russian government cyberspies, which F-Secure calls “the Dukes.” The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 27, 2015
Interview with Gen. Michael Hayden
56:59
In our eighty-fifth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Michael Vatis discuss: ISIL teams with hackers; magistrates take on phone encryption; rising cyber insurance rates; and the future of Wassennar. In our second half we have an interview with Gen. Michael Hayden, the only person to serve as both Director of the National Security Agency and of the Central Intelligence Agency. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 20, 2015
Interview with Jack Goldsmith
01:02:36
In our eighty-fourth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Maury Shenk discuss: continuing fallout from the ECJ’s attack on the Safe Harbor; Matthew Keys is convicted and weev ousts DOJ Ashley Madison members in retaliation; the DOD’s latest cybersecurity rules for contractors; banks approved to bring class action in Target Breach; Judge Leon still wary of section 215; White House has made a decision on whether to seek legislation on law enforcement access to encryption; and latest ruling in the data breach claim against Coca Cola. In our second half we have an interview with Jack Goldsmith, Professor at Harvard Law School, a Senior Fellow at the Hoover Institution at Stanford University, and co-founder of the Lawfare blog. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 14, 2015
Interview with Bruce Schneier
41:02
In our eighty-third episode of the Steptoe Cyberlaw Podcast, Bruce Schneier, cryptographer, computer science and privacy guru, and author, joins Stewart Baker and Alan Cohn at a live recording of the podcast at IAPP’s Privacy. Security. Risk. 2015 in Las Vegas. They discuss: EU–US Safe Harbor at risk; VW’s decision to hack its own emissions control software; China, the OPM hack; proposed export control rules for intrusion software; Google’s right to be forgotten appeal; and Snowden is back in the news: Digital Millennium Copyright Act; aliens and encryption. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Oct 02, 2015
Interview with Jim Lewis
52:41
In our eighty-second episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Maury Shenk discuss: advisor to the European Court advisor calls Safe Harbor agreement insufficient; France rejects Google’s right to be forgotten appeal; India has a change of heart on their encryption policy; and judge rules that phone passcodes are protected information. In our second half we have an interview with Jim Lewis, senior fellow and director of the Strategic Technologies Program at the Center for Strategic and International, where he offers new perspectives on the Obama-Xi summit and what it means for cyberespionage. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Sep 29, 2015
Interview with Margie Gilbert
1:06:26
In our eighty-first episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, Maury Shenk, Michael Vatis, and Jason Weinstein discuss: President Xi’s visit to the White House; the White House (and Silicon Valley’s) take on encryption. From MI5 to the NYDFS to the new Indian government, dissing strong encryption is a surprisingly popular pastime; Congress hears from regulators on the email warrant requirement; the fate of the EU’s data retention law; Judge Leon’s section 215 plaintiff he sought; and a Heartland hacker pleads guilty. In our second half we have an interview with Margie Gilbert, a network security professional with service at NSA, CIA, ODNI, Congress, and the NSC. Now at Team Cymru, she’s able to offer a career’s worth of perspective on how three Presidents have tried to remedy the country’s unpreparedness for network intrusions. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Sep 22, 2015
Hostfull
52:39
In our eightieth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Doug Kantor discuss: The Second Circuit’s oral argument in the Microsoft lawsuit over producing data stored in Ireland; US-EU umbrella “deal” on exchange of law enforcement data and the “Judicial Redress Act;” The Justice Department obtains a text intercept order for Apple; Apple complies with Russia’s localization law; Obama-Xi summit, and what to do about the Github attack; The Justice Department drops its espionage indictment of a purported Chinese spy for lack of evidence; CISA and Congress; Department of Defense breach disclosure rule is now the subject of a pending firm bulletin.
Sep 16, 2015
Interview with Peter Singer
1:08:43
In our seventy-ninth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Alan Cohn discuss: Data breach losses are being measured in the tens or even hundreds of millions of dollars; Courts are becoming less sympathetic to the breaches: The Seventh Circuit cleared the way for a breach suit against Neiman Marcus; The FTC and the Third Circuit were kicking Wyndham around the courtroom and down the courthouse steps; Section 215 ruled illegal by appeals court; Fight over location data and the warrant requirement continues: Judge Koh and the Fourth Circuit say a warrant is needed for location data; DOJ changes policy on cellphone surveillance; Baltimore’s public defender’s office to review cases using stingray technology. In our second half we have an interview with Peter Singer, author of Ghost Fleet, a thriller designed to illustrate the author’s policy and military chops.
Sep 11, 2015
Atlantic Council Panel
1:16:46
In our seventy-eighth episode of the Steptoe Cyberlaw Podcast, Dmitri Alperovitch, Harvey Rishikof, Stewart Baker, and Melanie Teplinsky debate whether the United States should start doing commercial espionage. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Aug 10, 2015
Interview with Bruce Andrews
51:45
In our seventy-seventh episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Alan Cohn discuss: US decides against publicly blaming China for data hack; furor continues over cybersecurity export control rule; Cyberweek begins and, the cyber left hopes, ends without progress on CISA; Neiman Marcus data breach suit revived by 7th Circ.; UK High Court invalidates data retention law, and makes legal history; France finalizes expansion of surveillance; Bush administration figures come out against back doors; Bloomberg says that the Chinese attempt to build a database on Americans didn’t begin with OPM or Anthem, but with the compromise of travel databases two years ago; FTC takes action against LifeLock for alleged violations of 2010 order; and one poor Ashley Madison subscriber is outed. And he’s Canadian. Looks like the nights really are longer up there. In our second half we have an interview with Bruce Andrews, the deputy secretary of the Commerce Department. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 28, 2015
Interview with Annie Antón and Peter Swire
50:33
In our seventy-sixth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Alan Cohn discuss: USA Freedom Act aftermath: DC Circuit received supplemental briefs on section 215; ACLU leads charge against the 215 program; Hacking Team doxxing draws attention to the risk involved in hiring hackers; FERC proposes to revise CIP rules with a focus on supply chain practices; Boston Hospital HIPAA settlement; Russia’s right to be forgotten is signed; this week in Prurient Cybersecurity: Hackers broke into Ashley Madison; and Listener Feedback: Maybe TLS isn’t just privacy theater; as attribution gets better, false flag operations do too. In our second half we have an interview with Annie Antón and Peter Swire, cybersecurity and privacy power couple and professors at Georgia Institute of Technology. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 21, 2015
Interview with Michael Casey
59:22
In our seventy-fifth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, Meredith Rathbone, Michael Vatis, and Jason Weinstein discuss: federal law enforcements’ issues with unbreakable encryption; Hacking Team was itself hacked; and the right to be forgotten still on the offensive. In our second half we have an interview with Michael Casey, former senior columnist for the Wall Street Journal and – as of last week – senior advisor at the MIT Media Lab’s Digital Currency Initiative. Michael is also the author, along with his former Wall Street Journal colleague Paul Vigna, of The Age of Cryptocurrency: How Bitcoin and Digital Money Are Challenging the Global Economic Order. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 15, 2015
Interview with Catherine Lotrionte
52:28
In our seventy-fourth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Jason Weinstein, and Michael Vatis discuss: China’s new security law; FTC settles with a virtual currency mining app makers; This Week in Hacks: FBI report ties Anthem and OPM hack; Anthem class action filed; OPM class action; FTC releases new security guidance; Foreign Intelligence Surveillance Court reauthorizes metadata program; WikiLeaks rolls out more alleged NSA docs; Russia modifies its right to be forgotten bill. In our second half we have an interview with Catherine Lotrionte, Associate Director of the Institute for Law, Science and Global Security at Georgetown University. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 07, 2015
Interview with Robert Knake
57:38
In our seventy-third episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Jason Weinstein, and Alan Cohn discuss: attribution and the Astros Hack; WikiLeaks says NSA spied on French leaders; Google fights for Jake Applebaum; cyberattacks on Polish flight network; Google joins the fight on online harassment; and Toshiba and quantum cryptography. In our second half we have an interview with Robert Knake, Senior Fellow for Cyber Policy at the Council on Foreign Relations, where we discuss the OPM hack, attribution, and the pros and cons of norms. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 30, 2015
Interview with James Baker
54:22
In our seventy-second episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Alan Cohn discuss: growing threats to free speech: France’s censorship of Google; the European Court of Human Rights endorses liability for intermediaries; the Right to be Forgotten returns to Russia; Houston Astros’ database hack; FBI faces criticism over stingray disclosures and aerial surveillance; US Supreme Court boosts privacy rights in hotel case; White House orders all .gov sites to use SSL encryption; FISA court decides it doesn’t need an amicus; Sony is still at risk in an employee class action for the data breach; Hackback gets interest from a Congressional hearing; and In Other News: Jacob Applebaum appeals to the Chinese to release OPM files to Wikileaks; Glenn Greenwald stands up for Russia. In our second half we have an interview with James Baker, General Counsel of the FBI, where we discuss the FBI’s aerial surveillance capabilities, stingrays, “Going Dark,” encryption, and the bureau’s attribution of cyberattacks. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 23, 2015
Interview with David Anderson
1:01:37
In our seventy-first episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Alan Cohn discuss: this week in Snowden: British press reports that Russia and China have decrypted the entirety of Snowden’s files; follow-up news on the Office of Personnel Management hack; Senator McConnell’s effort to put CISA as National Defense Authorization Act amendment fails; attacks on NSA continue in the House; New York’s proposed Bitcoin regulations; Connecticut amends data breach notification law; and Twitter’s lawsuit over transparency. In our second half we have an interview with David Anderson, Queens Counsel at Brick Court Chambers, as well as the Independent Reviewer of Terrorism Legislation, a position he was appointed by the Home Secretary in 2011. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 17, 2015
Interview with Dan Kaminsky
54:41
In our seventieth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss: this week in NSA: the USA Freedom bill takes effect; a New York Times article claims that the NSA’s cybersecurity monitoring is a privacy issue; failed MasterCard settlement with Target; Office of Personnel Management hack; US response to Russia’s censorship laws; Supreme Court ruling on online threats; and FBI asks for CALEA to be expanded to social media. In our second half we have an interview with Dan Kaminsky, Chief Scientist at WhiteOps and the cybersecurity researcher who found and helped fix a DNS security flaw. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 09, 2015
Interview with Jason Brown
47:59
In our sixty-ninth episode of the Steptoe Cyberlaw Podcast, Michael Vatis, Maury Shenk, and Jason Weinstein discuss: the reauthorization of Section 215; Sixth Circuit ruling in the private search doctrine; the Criminal Division considers guidance on defensive countermeasures; class action for Yahoo! goes south; adult friend finder database goes on sale; New York’s bid to license bitcoin; and developments in Europe: European Union legislation – combining cybersecurity and data breach, Skype in Belgium, Microsoft and the United Kingdom. In our second half we have an interview with Jason Brown, Jason Brown, Assistant to the Special Agent in Charge in the Secret Service’s Criminal Investigative Division. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 02, 2015
Interview with Julian Sanchez
1:04:27
In our sixty-eighth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Michael Vatis are joined by Julian Sanchez, senior fellow at the CATO Institute. They discuss: this week in NSA: the fate of the 215 metadata program; insurance coverage for data breaches; the US indictment of six Chinese economic espionage agents; CCIPS and the Justice Department release a draft paper private cyber-investigation; the personal data orphaned by Radio Shack’s bankruptcy; and Julian and Stewart mix it up over the new, revived Crypto Wars. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
May 27, 2015
Interview with Dan Geer
58:54
In our sixty-seventh episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, Michael Vatis, and Jason Weinstein are joined by Dan Geer, Chief Information Security Officer at In-Q-Tel. They discuss: this week in NSA: what’s on top this week for the 215 metadata program; border laptop searches; an FTC FOIA case; hacking airplanes in flight; FBI’s Stingray guidance; and the first anniversary of the “Right to be Forgotten.” In our second half we have an interview with Dan Geer, a legendary computer security commentator and current CISO for In-Q-Tel. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
May 18, 2015
Triple Entente Beer Summit
1:04:26
In our sixty-sixth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis are joined by Ben Wittes, Tamara Wittes, and Shane Harris from the Lawfare and Rational Security podcasts at the Triple Entente Beer Summit. They discuss: this week in NSA: the Second Circuit’s decision on Section 215; Mike Morell’s book, "The Great War of Our Time;" and this week in French and German hypocrisy. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
May 11, 2015
Interview with Bruce Schneier
1:01:59
In our sixty-fifth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss: Congress introduces new bills to end bulk NSA surveillance; the Supreme Court will decide who can sue under privacy law; Cryptowall spread via faked flash-based ads on HuffPo and other sites; FCC says it doesn’t regulate Stingrays; and the DOJ releases cybersecurity guidance. In our second half we have an interview with Bruce Schneier, cryptographer, computer science and privacy guru, and author of "Data and Goliath." The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
May 05, 2015
Interview with Mary DeRosa
1:06:38
In our sixty-fourth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Maury Shenk discuss: the New York Times coverage of the Uranium One deal and the corresponding cash flow into the Clinton Foundation; the House passes two cyber information sharing bills; the EU’s digital commissioner urges regulation of US tech companies; UK police chief calls US internet companies ‘terrorist-friendly’; news from RSA; and another FTC privacy case is settled. In our second half we have an interview with Mary DeRosa, former Deputy Assistant and Deputy Counsel to the President, and National Security Council Legal Adviser in the Obama Administration, and currently a Distinguished Visitor from Practice at the Georgetown University Law Center. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Apr 28, 2015
Interview with Alan Cohn
56:54
In our sixty-third episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Doug Kantor discuss: cyber week in Congress; the EU launches two competition cases, an e-commerce sector inquiry and Google; law enforcement officials pay megacode ransom; Google Wallet privacy suit; the SEC takes heat for its ECPA stand; Wikileaks posts searchable Sony database; and China bank technology regulation causes turmoil. In our second half we have an interview with Alan Cohn, former Assistant Secretary for Strategy, Planning, Analysis & Risk in the DHS Office of Policy and a recent addition at Steptoe. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Apr 21, 2015
Interview with Dmitri Alperovitch
47:39
In our sixty-second episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis are joined by Dmitri Alperovitch, co-founder and CTO of CrowdStrike Inc. and former Vice President of Threat Research at McAfee, to discuss: the Mississippi Attorney General’s loss to Google on subpoenas; the DEA’s bulk collection program; AT&T pays $25 million for data breach; the comeback of split-key escrowed encryption; copies of “The Interview” are dropped into North Korea by balloon; Verizon’s super cookie is under investigation; Sprint settles DOJ lawsuit over wiretap cost reimbursement; and podcast patent is ruled invalid. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Apr 14, 2015
Interview with Joseph Nye
58:30
In our sixty-first episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Meredith Rathbone, Ben Cooper, and Maury Shenk discuss: the Obama Administration’s new sanctions program on cyber attackers; the Ninth Circuit decision refusing to apply disability accommodation requirements to web-only businesses; arguments over the data protection Safe Harbor before the European Court of Justice; China boosts military cyber budget by up to 30%; Secret Service, DEA agents indicted for stealing bitcoins; and Raspberry Pi devices are being used for “war shipping”. In our second half we have an interview with Joseph Nye, former dean of the Kennedy School at Harvard, three-time national security official for State, Defense, and the National Intelligence Council, and author of “Is the American Century Over?”. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Apr 07, 2015
Interview with Paul Rosenzweig
50:01
In our sixtieth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis are joined by Paul Rosenzweig, founder of Red Branch Consulting PLLC and Senior Advisor to The Chertoff Group to discuss: Australia and Belarus embracing data retention as the EU backs away; the US taking its concern over China's proposed technology regulations to the World Trade Organization; Section 230 of the Communications Decency Act is still a hot topic in cyberlaw; whether Florida's intercept law has been eviscerated by the 11th Circuit; the House cybersecurity information sharing bill; the latest developments in ICANN; and Germany’s privacy laws and what role they played in the Germanwings crash. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 31, 2015
Interview with Richard Bejtlich
52:22
In our fifty-ninth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jennifer Quinn-Barabanov, and Maury Shenk discuss: China’s acknowledgement that it has a cyberwar strategy; the Judicial Conference Advisory Committee on Criminal Rules’ vote to amend Rule 41; automakers facing cybersecurity class action lawsuits; the UK’s plan to regulate bitcoin; Target’s $10 million settlement; and China’s effort to exclude US technology companies from its market. In our second half we have an interview with Richard Bejtlich, Chief Security Strategist at FireEye, adviser to Threat Stack, Sqrrl, and Critical Stack, and fellow at Brookings Institution. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 24, 2015
Interview with Dr. Andy Ozment
56:51
In our fifty-eighth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Stephanie Roy discuss: how far the net neutrality order goes in opening the door to expanded CALEA and cybersecurity requirements; AT&T's challenge to the FTC’s throttling jurisdiction; Hillary Clinton’s e-mail server being unprotected for months; the Wyndham case going to the Third Circuit; the federal response to Microsoft in the Irish warrant case; China putting their draft counterterrorism law on hold; and the FREAK vulnerability. In our second half we have an interview with Dr. Andy Ozment, Assistant Secretary for Cybersecurity & Communications at US Department of Homeland Security. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 17, 2015
Interview with Mike Rogers
52:52
In our fifty-seventh episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Doug Kantor, and Maury Shenk discuss: China’s technology policy gets even tougher; Edward Snowden says he is willing to come back to the US for a fair trial; he also says that would love to live in Switzerland; what are the prospects for a June 1 renewal of the NSA’s Section 215 metadata program?; leaks show that the EU data protection regulations is getting an overhaul; the Obama administration has proposed privacy legislation of its own; and the Senate Intelligence committee’s information sharing bill is stalled. In our second half we have an interview with Congressman Mike Rogers, CNN national security commentator and host of a nationally-syndicated radio commentary for Westwood One. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 10, 2015
Interview with Siobhan Gorman
41:37
In our fifty-sixth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Stephanie Roy are joined by Siobhan Gorman, Director at the Brunswick Group and former National Security Correspondent at the Wall Street Journal, to discuss: the FCC’s net neutrality order and its implications; Benjamin Lawsky, NY superintendent of Financial Services, proposes new cybersecurity rules for banks; China’s proposed new rules for US technology firms; class action suit filed against Lenovo; and this week in cyberwar and attribution: DNI attributes cyberattack on the Sands Las Vegas to Iran; Snowden leaks attribute US bank and Saudi Aramco attacks to Iran; Sony aftermath prompts government debate over roles. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Mar 03, 2015
Interview with Nuala O’Connor
50:48
In our fifty-fifth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Jason Weinstein discuss: GCHQ accused of stealing cell phone encryption keys en masse; the fight over Rule 41 – Google v. DOJ; new filings revive interest in the Twitter first amendment claim; Yahoo beats the government’s indefinite gag order, at least before Magistrate Judge Grewal; and Lenovo pulls Superfish app after security warnings. In our second half we have an interview with Nuala O’Connor, President and CEO of the Center for Democracy and Technology. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 24, 2015
Interview with Ben Wittes
57:03
In our fifty-fourth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Jason Weinstein discuss: President Obama’s cybersecurity summit; Attorney Generals’ critique Anthem for their delay in identifying potential victims of the hack; NSA wins a round against the Electronic Frontier Foundation in Jewel case; two Kaspersky security reports identify new hacking tactics and dangers for computer networks; up to $1 billion stolen from banks in cyberheist; NY State Department of Financial Services issues report on insurance company cybersecurity; and the “Equation” Group used firmware exploits to access a variety of hard drives. In our second half we have an interview with Ben Wittes, co-founder and editor in chief of Lawfare. Ben and Stewart discuss Ben’s forthcoming book, The Future of Violence, co-authored with Gabriella Blum. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 19, 2015
Interview with Alexander Klimburg
1:01:08
In our fifty-third episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, Doug Kantor, and Stephanie Roy discuss the Anthem breach: China suspected in the hack of health; Anthem did not encrypt data; FCC Chairman Tom Wheeler announces that he is circulating a proposal on net neutrality; reports put broker-dealers on cybersecurity notice; President Obama unveils modified NSA data collection rules; PCLOB releases a report card for the administration; UK access to NSA mass surveillance data is now considered legal; Google advisory group recommends limiting the right to be forgotten to the European Union; and Congressional overview: Information sharing; National data breach law; Criminal law tweaks; President Obama asks for $14 billion to step up cybersecurity. In our second half we have an interview with Alexander Klimburg, a senior research fellow at the Hague Centre for Strategic Studies. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 10, 2015
Interview with Rebecca Richards
1:04:21
In our fifty-second episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss the DEA is collecting license plate data; Wikileaks-Google flap; all things FTC: Staff report on the Internet of Things; FTC settles 53 data security cases to date; FTC is now regulating to telecommunications throttling; FCC starts regulating hotels; Schools get COPA reprieve; FTC bans revenge porn website operator; and China’s policies on cybersecurity and encryption. In our second half, we have an interview with Rebecca Richards, NSA’s director of privacy and civil liberties. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Feb 03, 2015
Interview with Thomas Rid and Jeffrey Carr
57:28
In our fifty-first episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Ed Krauland discuss: more details emerging on the secret DEA phone log database; in the wake of the attacks the EU wants to force internet and phone companies to turn over encryption keys and asks tech firms to remove more EU content; cellphone companies avoid some wiretap claims in multidistrict litigation case involving Carrier IQ; another setback for LabMD in its challenge to the FTC; the US eases restrictions on telecom, Internet, and related financial services for Cuba; and shocking poll shows that the NSA is holding its own in public confidence. In our second half we have an interview with Thomas Rid, Professor of Security Studies at King’s College London and author of ‘Cyber War Will Not Take Place,’ and Jeffrey Carr, CEO of Taia Global. They debate cyberattack attribution. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 27, 2015
Interview with David Sanger
1:05:28
In our fiftieth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis discuss President Obama’s proposed cybersecurity legislation in State of the Union address; Europe’s expanded surveillance in wake of Charlie Hebdo killings; the National Academy of Sciences study group finds no easy substitute for bulk data collection; the DEA’s bulk metadata program is disclosed; pro-ISIS group compromises Central Command’s Twitter and Youtube accounts; and Prime Minister Cameron lobbies President Obama on encryption. In our second half we have an interview with David Sanger, the chief Washington correspondent for The New York Times and author of ‘Confront and Conceal: Obama's Secret Wars and Surprising Use of American Power.’ He discusses his latest story on how North Korea developed its cyberattack network, and how the National Security Agency managed to compromise the network sufficiently to attribute the Sony attack. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 21, 2015
Interview with Juan Zarate
54:22
In our forty-ninth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Meredith Rathbone are joined by Juan Zarate, a senior adviser at the Center for Strategic and International Studies (CSIS), in a discussion of new credit cards may fall short on fraud control; FBI says warrants are not needed for stingrays; EU data supervisor presses for privacy overhaul in 2015; Lyft and Uber answer Senator Franken on privacy; NY District Attorney criticizes Apple, Google for phone encryption plans; German government sites shut down by cyberattack; Sony hackers ‘Got Sloppy’ says FBI director; FBI asks for information sharing; FCC will continue punishing data security violations; Russia extends deadline for data localization; and French terror attacks will affect surveillance in both Europe and the US. In our second half, Juan Zarate offers his insights on US sanctions on North Korea following the Sony attack. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 15, 2015
Interview with Jim Lewis
57:33
In our forty-eighth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Stephanie Roy are joined by Jim Lewis, a senior fellow and director of the Strategic Technologies Program at CSIS, in a discussion of: will fingerprint phone locks protect you from the police?; Google faces $18m fine from Dutch privacy watchdog; over 80% of dark net traffic goes to child abuse sites; German iron plant suffers severe damage due to cyberattack; NSA forced to disclose oversight reports of past violations; the FCC and FTC are increasingly policing the same beat, such as text message “cramming” and privacy and security failures; FBI investigates banks for revenge hacking of Iran; and an update on the Sony hack. In our second half, Jim Lewis offers his insights on China’s approach to cyber conflict. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jan 07, 2015