The Cyberlaw Podcast

By Steptoe & Johnson LLP

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A weekly podcast offering an opinionated roundup of the latest events in technology, security, privacy, and government and an in-depth interview of technology and policy newsmakers. Host Stewart Baker and regulars Michael Vatis, Alan Cohn, and Maury Shenk share their views  - and not those of the firm.

Episode Date
Episode 243: Tech World Turned Upside Down Down Under
Dec 10, 2018
Episode 242: Nobody Trolls Like the Russians
Dec 03, 2018
Episode 241: "You'll never know how evil a technology can be until the engineers deploying it fear for their jobs"
Nov 27, 2018
Episode 240: If Paris Calls, Should We Hang Up?
Nov 19, 2018
Episode 239: The Ministry of Silly Talk
Nov 12, 2018
Episode 238: Bold Prediction Episode: Foreign Governments Will Not Hack This Election
Nov 05, 2018
Episode 237: I'd Like to Teach the World to Troll, in Perfect Harmony!
Oct 29, 2018
Episode 236: Twitterlaw and the Khashoggi Killing
Oct 22, 2018
Episode 235: It's a Bird, It's a Plane, It's...Doug?
Oct 15, 2018
Episode 234: The California Turing Test
Oct 09, 2018
Episode 233: Outing the GRU
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?
Sep 24, 2018
Episode 231: Ah, September, when Europe Unleashes a Summer's Worth of Crazy
Sep 17, 2018
Episode 230: Click Here to Kill Everybody
Sep 10, 2018
Episode 229: Blockchain Takes Over The Cyberlaw Podcast
Sep 04, 2018
Bonus: Interview with Bruce Schneier (2015)
Aug 20, 2018
Bonus: Interview with Joseph Nye (2015)
Aug 06, 2018
Episode 228: Best Idea Yet for Derailing the Kavanaugh Nomination
Jul 30, 2018
Episode 227: Defending Against Deep Fakes with Lifelogs, Watermarks … and Tatts?
Jul 23, 2018
Episode 226: Where Are All My Twitter Followers?
Jul 16, 2018
Episode 225: Interview with General Michael Hayden
In our 225th episode of The Cyberlaw Podcast, Stewart Baker interviews General Michael Hayden (@GenMhayden) regarding his new book The Assault on Intelligence: American National Security in an Age of Lies. Stewart and General Hayden are joined by Paul Rosenzweig(@RosenzweigP), David Kris (@DavidKris), Nate Jones (@n8jones81), and Nick Weaver (@ncweaver) to discuss: ZTE takes compliance steps, gets preliminary life support order from Commerce Department; and China Mobile’s application to provide telecom service to Americans is also going to bite the dust – after only seven years of dithering; remarkably, European Parliament has second thoughts about self-destructive copyright maximalism – maybe Wikipedia Italy’s blocking campaign had some effect? Is Europe leaving the US in the dust when it comes to rifling through immigrants' digital data? And: Israel claims that social media monitoring has cut down on lone-wolf attacks – the Palestinians aren’t happy; DNC tries to improve security, gets 80% of its staff not to click on bad links – what’s sad is that this really is pretty good by the standards of most institutions; Feds have developed a strategy to bust Dark Web money launderers; NSA’s mass data destruction. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 09, 2018
Episode 224 with Duncan Hollis: Do We Need an International “Potluck” Cyber Coalition?
In our 224th episode of The Cyberlaw Podcast, Stewart Baker interviews Duncan Hollis regarding his and Matthew Waxman’s paper, “Promoting International Cybersecurity Cooperation: Lessons from the Proliferation Security Initiative (PSI).” Stewart and Duncan are joined by Maury Shenk, Christopher Conte, Jamil Jaffer (@jamil_n_jaffer), and Laura Hillsman to discuss: California’s new privacy law; SEC charges a second Equifax manager with insider training; White House draws a line in the sand over ZTE in statement of administration policy – but not veto threat, and the president decides only to beat up Chinese investments once; serious problems in the USA Freedom Act record system; facing reality, Reality pleads; kind of a sad showing for Cybersecurity Information Sharing Act’s information-sharing provisions; The Intercept continues to pioneer relevance-free journalism; trust in social media is collapsing, especially among Republicans, who (remarkably) also think tech companies need more regulation. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jul 02, 2018
Episode 223 with David Sanger: A War Reporter for the Cyber Age
In our 223rd episode of The Cyberlaw Podcast, Stewart Baker interviews David Sanger (@SangerNYT) regarding his new book, The Perfect Weapon: War, Sabotage, and Fear in the Cyber Age. Stewart and David are joined by Pat Derdenger, Michael Vatis, Matthew Heiman, and Jim Lewis to discuss: Carpenter: What the future holds. Private sector Carpenter-ish steps. Wayfair: What the future holds. North Korea is hacking banks in Latin America. Cyber attacks during Trump-Kim summit. Joshua Schulte leaks his startlingly pedestrian jail diaries. Chinese hackers getting stealthier? Project Solarium proposal in NDAA. Are the Chinese releasing OPM hack data? More karma for Southern Poverty Law Center? Algeria shuts down Internet completely to stop student cheating. Administration struggling with privacy principles to compete with GDPR. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 26, 2018
Interview with Megan Stifel
In our 222nd episode of The Cyberlaw Podcast, Stewart Baker interviews Megan Stifel (@MeganStifel) regarding her white paper for Public Knowledge. Stewart and Megan are joined by Brian Egan and Gus Hurwitz (@gushurwitz) to discuss: ZTE, staggered but not dead, spurs White House-Congress fight over National Defense Authorization Act (NDAA) language, which might not actually do what was intended (see also Commerce’s denial order for ZTE). The AT&T-Time Warner merge. A Committee on Foreign Investment in the United States (CFIUS) reform bill is on the NDAA and bound for passage: what it does. The long withdrawing roar: Kaspersky, condemned by the European Union (EU), pulls out of EU projects. Chinese hackers are back to stealing competitive secrets. EU content filtering payoff to Big Copyright tells us where the regulated Internet is going – just ask Spanish soccer fans about surveillance. US sanctions cybersecurity companies with Silicon Valley footprints for helping the Russian FSB do its hacking. New privacy paper pantses privacy ideology. Apple’s new USB restricted mode … looks like it’s defeated already? Reader mail: Sigh. (Stewart’s losing the war against sigh près.) The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
Jun 18, 2018
News Roundup
In our 221st episode of The Cyberlaw Podcast, Stewart Baker, Nicholas Weaver (@ncweaver), David Kris (@DavidKris), and Nate Jones (@n8jones81) discuss: LabMD decision from the 11th Circuit overturns decades of FTC acquisition of legal authority through bureaucratic adverse possession; Commerce says it has a deal with ZTE. Is bipartisan opposition from Congress too late? This Week in Leaks: More ill-advised romance in the intelligence community; James Wolfe pays the price; Paul Manafort has similar problems with secure messaging; The Hansen bust: What does it say about Chinese espionage and the OPM hack? And the Mallory conviction for good measure; Speaking of China, they recently scored a cyberespionage coup.
Jun 11, 2018
News Roundup
In our 220th episode of The Cyberlaw Podcast, Stewart Baker, Maury Shenk, Gus Hurwitz (@GusHurwitz), and Megan Reiss (@MegReiss) discuss: GDPR disruptions: Some US sites just exclude Europeans; GDPR yields new Schrems lawsuits against Big Tech; But it may also boost the giants’ cloud business and close the door on adtech rivals; Wilbur Ross, having caved on GDPR, whines about it and asks for exactly the wrong kind of relief; ICANN sues Tucows for dropping PII collection – and loses, tout suite; And the ePrivacy Regulation is on deck. Kaspersky loses both its lawsuits in one blow. This week in government cybersecurity reports offering ineffectual responses to attacks the Iranians have already shown they will use: Iranians ready retaliation attack on US industrial controls; DOE/DHS offer soothing words about grid resilience in the face of cyberattack, but little real support for the emollient; Commerce and DHS release botnet response report – full of visions of the future without the guts to say how we will get there.
Jun 04, 2018
Interview with Nick Bilton
In our 219th episode of The Cyberlaw Podcast, Stewart Baker interviews Nick Bilton (@nickbilton), special correspondent for Vanity Fair and New York Times-bestselling author. Stewart and Nick discuss the thrilling true story of Ross Ulbricht and the Silk Road takedown in Nick’s book American Kingpin: The Epic Hunt for the Criminal Mastermind Behind the Silk Road. You can grab a paperback reprint copy of the book starting today.
May 29, 2018
News Roundup
In our 218th episode of The Cyberlaw Podcast, Stewart Baker, Michael Vatis, Markham Erickson, and Nick Bilton (@nickbilton) discuss: The ZTE mess gets messier as the Senate moves to block sanctions relief. The FBI grossly overstated the number of encrypted phones it encountered last year. 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
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
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