The Cyberlaw Podcast

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.