The Cyberlaw Podcast

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.