The Cyberlaw Podcast

In our 272nd episode of The Cyberlaw Podcast, Stewart Baker interviews Harvey Rishikof, who, among other things, is a co-author of MITRE Corporation’s “Deliver Uncompromised” report on supply chain security, and Joyce Corell, the Assistant Director for the Supply Chain and Cyber Directorate at the National Counterintelligence and Security Center. They are joined by Matthew Heiman, Gus Hurwitz (@GusHurwitz), and Nate Jones (@n8jones81) to discuss: The Second Circuit ruled that President Trump cannot block critics on Twitter. Congresswoman Ocasio-Cortez was sued on that basis on the same day as the court’s ruling.; Marriott and British Airways were hit hard by GDPR fines in the United Kingdom.; FTC is apparently hitting Facebook with a $5 billion fine.; Congress has banned Chinese surveillance cameras, but removing them is going to be difficult.; The US Patent and Trademark Office has petitioned the Supreme Court to overrule precedent that adding “.com” to a generic term makes it trademarkable.; France has adopted a 3% digital tax, the UK wants to do similar, and the US is not happy.; The Trump Administration is not sharing details on classified cyberattack rules with Congress.; And more! The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 271st episode of The Cyberlaw Podcast, Stewart Baker interviews Glenn Reynolds, professor of law at the University of Tennessee and author of the new book, The Social Media Upheaval. Stewart is joined by Maury Shenk, Matthew Heiman, and Nick Weaver (@ncweaver) to discuss: Third Circuit finds that Amazon can be held liable for third-party sellers.; This Week in the war on Facial Recognition: The “toxification of face recognition” campaign.; What’s a surveillance state without pervasive facial recognition?; Shopping centers look to implement facial recognition.; Authorities in Xinjiang are seizing and installing spyware on travelers’ devices.; Big Tech is fighting the UK’s online “duty of care” proposal.; Cancerous content: Facebook, YouTube are overrun with cancer treatment misinformation.; This Week in the US China trade war: Microsoft, HP, and Dell are the latest to join the China exodus.; Xi Jinping promises compensation for IP theft victims.; This week in trade war confusion.; UK regulator says 30,000 social media followers makes you an e-celebrity, and subject to regulation.; A fitting coda: CBP has officially cut ties with Perceptics, the firm that was breached. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 270th episode of The Cyberlaw Podcast, Stewart Baker interviews Christopher Bing (@Bing_Chris), a cybersecurity reporter at Reuters who was on the team that recently broke two major reports on China and Russia. Stewart and Chris are joined by David Kris (@DavidKris), Nate Jones (@n8jones81), and Jordan Cannon to discuss: The effects of the trade war on US chip makers.; How one US chip maker gave China the “keys to the kingdom.”; How China is learning from Putin.; China-linked hackers siphoned data from telcos for several years.; NSA twice mistakenly collected call data on Americans.; Don’t count on competition to save dissenting speech in Silicon Valley.; The Trump Administration is considering an encryption crackdown. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 269th episode of The Cyberlaw Podcast, Stewart Baker interviews Richard Clarke and Rob Knake, co-authors of the new book, The Fifth Domain: Defending Our Country, Our Companies, and Ourselves in the Age of Cyber Threats. You can pick up a copy on July 16. Stewart is also joined by Maury Shenk, Matthew Heiman, and Gus Hurwitz (@GusHurwitz) to discuss: The Supreme Court: The First Amendment does not apply to a private operator of a New York public access channel.; Facebook’s new cryptocurrency already faces government skepticism.; The United States threatens to cap H-1Bs to India over data localization requirements.; Apple is considering moving 15-30% of its production capacity out of China.; YouTube is under pressure from the FTC and is considering changing its kids’ content.; A look at a lesser known Chinese social credit experiment. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 268th episode of The Cyberlaw Podcast, Stewart Baker interviews New York Times national security correspondent David Sanger (@SangerNYT) on his latest piece with Nicole Perlroth. Stewart is also joined by Mark MacCarthy (@Mark_MacCarthy), Nick Weaver (@ncweaver), and Steptoe Summer Associate David Benger to discuss: Latest developments in the New Code War.; The RAMBleed exploit.; A spy used an AI-generated face to target people on LinkedIn.; Pinterest banned the anti-abortion group Live Action.; The Justice Department’s antitrust chief telegraphed how the department could go after Google, Apple, and other Big Tech companies.; The DC Circuit sided with Google in a scam listings suit, citing Section 230 immunity but cautioning on its limitations.; A Customs and Border Protection subcontractor suffered a data breach, which exposed photos of thousands of travelers. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 267th episode of The Cyberlaw Podcast, Stewart Baker is joined by Gary Goldsholle, Matthew Heiman, Nate Jones (@n8jones81), and Gus Hurwitz (@gushurwitz) to discuss: The long cold Chicago winter for antitrust may finally be thawing thanks to Big Tech’s overreach and a host of ancient enemies.; Facebook may be ordered to remove duplicates of illegal posts worldwide, according to an EU advocate general.; Were the Russians much better at social media than we thought?; The Baltimore ransom bill reaches $18 million, and EternalBlue looks less culpable.; Putting the “P” in APT: Bank hackers take months, not seconds, to steal money.; Quest Diagnostics and LabCorp were both affected by the same breached third party. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 266th episode of The Cyberlaw Podcast, Stewart Baker is joined by Maury Shenk, Paul Rosenzweig (@RosenzweigP), David Kris (@DavidKris), and Steptoe summer associate Alicia Loh to discuss: China is planning to add US companies to an “unreliable entities” list.; China and Russia are transitioning their militaries away from Microsoft Windows.; A German minister wants to force messaging apps to decrypt chats.; Industry, organizations, and experts came out against GCHQ’s “ghost proposal.”; Germany aims to regulate algorithmic diversity and transparency.; After losing in the EU elections, the German CDU’s leader wants to regulate “influencers.”; FireEye has new details on Iranian social media operations; Facebook responds with bans.; The DC Circuit issued a ruling on a White House memo on “vanishing” messaging apps.; US states are imitating GDPR.; And more! The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 265th episode of The Cyberlaw Podcast, Stewart Baker is joined by Paul Rosenzweig (@RosenzweigP), David Kris (@DavidKris), and Gus Hurwitz (@GusHurwitz) to discuss: The president is looking to blacklist up to five Chinese surveillance companies, including Hikvision.; The Department of Homeland Security has warned that commercial Chinese drones may pose a data risk.; The US has slowed the hiring of Chinese nationals by chipmakers.; Baltimore is still struggling with ransomware made possible in part by the EternalBlue exploit.; The Air Force is now investigating the Navy email “spyware” case.; Cheapfakes? A doctored video purported to show Nancy Pelosi slurring her words.; Is “revenge porn” protected by the Constitution?; The US has charged Wikileaks founder Julian Assange under the Espionage Act.; The Senate approved the bipartisan anti-robocalling TRACED Act. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 264th episode of The Cyberlaw Podcast, Stewart Baker is joined by Eric Emerson, Maury Shenk, Matthew Heiman, and Nick Weaver (@ncweaver) to discuss: The Supreme Court has allowed the antitrust suit against Apple to proceed.; Companies are trying to adapt to the China tariffs.; Foreign companies operating in China are facing a cyber crackdown.; The president issued a new Executive Order on technology supply chain security.; The UK Supreme Court has ruled that hacking activities can be subject to legal challenges.; Cisco, Intel, and Microsoft all had critical security lapses.; NSO Group’s powerful spyware affected WhatsApp users.; The Chinese owner of the Grindr dating app must sell by mid-2020.; And more! The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 263rd episode of The Cyberlaw Podcast, Stewart Baker calls in from Italy, and Brian Egan, Nate Jones (@n8jones81), and Nick Weaver (@ncweaver) take over the DC studio. Together they discuss: Israel dropped a bomb on Hamas’ hackers after thwarting a cyberattack.; China got NSA’s hacking tools before the Shadow Brokers leaks.; Experts assessed the damage from the first attack on the US grid.; The FCC blocked China Mobile from operating in the US over national security concerns.; Deleting every trace of “terrorist” content may be a bad idea.; The Intercept outed another leaker.; Google backtracked after suppressing the Claremont Institute.; The FTC’s Joe Simons and Noah Phillips weighed in on privacy matters.; Facebook co-founder Chris Hughes called for Facebook to be broken up. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 262nd episode of The Cyberlaw Podcast, Stewart Baker is joined by Meegan Brooks, Joel Brenner, and Nick Weaver (@ncweaver) to discuss: Do the Chinese have lawyers in their cyberespionage loop?; SuperMicro is set to leave China.; A lobbyist feeding frenzy has broken out around the California Consumer Privacy Act.; What is the administration planning to do with Section 215?; Facebook has banned Louis Farrakhan, Alex Jones, and others from the platform.; The FBI has accused US scientists of sending intellectual property to China.; PETA’s privacy arm is likely to be up in arms over this new facial recognition scandal. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 261st episode of The Cyberlaw Podcast, the Blockchain Group takes over the podcast. Host Alan Cohn is joined by special guest Jeff Bandman and Steptoe’s Gary Goldsholle and Will Turner. They discuss, among other things: The SEC’s Framework for “Investment Contract” Analysis of Digital Assets.; The TurnKey Jet, Inc., No-Action Letter.; The Blockstack Token LLC Reg. A Filing.; Permissible token launch models.; The Token Taxonomy Act of 2019. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 260th episode of The Cyberlaw Podcast, Stewart Baker is joined by Matthew Heiman, Paul Rosenzweig (@RosenzweigP), and Nick Weaver (@ncweaver) to discuss: The Sri Lankan government suspended social media in the wake of the Easter attacks.; “Highly capable and brazen” attacks on Middle East DNS national security users.; The EU Commission found no evidence of Kaspersky spying on behalf of the Kremlin.; Speaking of Kaspersky, apparently someone was trying to spy on the company’s critics.; Iranian government hacking tools were leaked.; The PPD-20 repeal may have yielded some successes.; The Mar-a-Lago Affair: Maybe it wasn’t malware after all.; Perhaps face recognition software should be banned because it’s getting too good.; Microsoft once cited human rights as a reason for turning down face recognition sales.; The UK Information Commissioner is considering social media restrictions for minors.; The UK is also adopting strict online age verification for pornography.; The Mueller Report threw sidelights on “Going Dark” and Bitcoin anonymity.; Facebook, privacy, and the FTC: The FTC is looking at ways to hold Mark Zuckerberg personally accountable.; Facebook “unintentionally” uploaded the email contacts of 1.5 million people.; Zuckerberg leveraged user data over business partners.; A deeply reported investigation into months of “fresh hell” at Facebook. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 259th episode of The Cyberlaw Podcast, Stewart Baker is joined by Maury Shenk, Pete Jeydel, Matthew Heiman, and Nick Weaver (@ncweaver) to discuss: Julian Assange was arrested in the UK and faces extradition.; Google’s Sensorvault: Another bogus privacy scandal?; The Committee on Foreign Investment in the United States is pressuring a Russia-linked firm to sell its stake in a cybersecurity company – and it levied a $1 million fine in an unrelated matter.; The German data protection commissioner ruled out Amazon cloud for use by police, citing the CLOUD Act as a vulnerability – the Department of Justice is not convinced.; The European Union and China held a summit.; The Pentagon is considering issuing a “blacklist” of Chinese companies that may pose a threat to supply chains.; China is using AI to find Uighurs in crowds of Han Chinese. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 258th episode of The Cyberlaw Podcast, Stewart Baker interviews Adam Segal (@adschina), the Ira A. Lipman Chair in Emerging Technologies and National Security and the Director of the Digital and Cyberspace Policy Program at the Council on Foreign Relations. Stewart and Adam are joined by Nate Jones (@n8jones81), Nick Weaver (@ncweaver), and Matthew Heiman to discuss: The long, slow death of Section 230 immunity: YouTube executives reportedly prioritized “engagement” over curbing “toxic” content.; The UK is considering holding social media executives liable for content on their platforms.; Australia passed a law to punish social media companies for failure to remove “abhorrent violent material.”; Singapore is censoring social media.; Mark Zuckerberg recommends regulation that any billion-dollar company should be able to live with.; Reuters returns with additional reporting on US hackers working for the UAE.; Chinese money led to a Silicon Valley fire sale.; Some groups are trying to make facial recognition toxic.; Kaspersky tried to fight its US ban by appealing to Russian law.; Washington reached a $12 million settlement with Motel 6 for its cooperation with ICE. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.