The Cyberlaw Podcast

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.

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.

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.

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.

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.

In our 142nd episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Stephanie Roy discuss: FISA-derived evidence allowed by the United States Court of Appeals for the Ninth CircuitLindsey Graham and some Democrats want to investigate Russia's role in the election; President-elect Trump still thinks that is fake news; What the FCC is likely to do with net neutrality and cybersecurity regulationGen. 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.

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.

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.

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.

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.

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.

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.

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.

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.

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 scandalThird 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.