Podcast appearances and mentions of glenn gerstell

This week on the show, Fareed speaks with Shibley Telhami, Anwar Sadat professor for peace and development at the University of Maryland, about Netanyahu's plans for Rafah, and Chuck Schumer's calls for elections in Israel. Is the two-state solution to the Israeli-Palestinian conflict a mirage? Then, the U.S. House of representatives passed a bill this week that could lead to a bank on TikTok. Fareed hosts a spirited debate with Kori Schake, director of foreign and defense policy studies at the American Enterprise Institute, and former general counsel at the National Security Agency Glenn Gerstell. They discuss the security risks that the Chinese-owned app poses for its 170 million American users, and whether the ban could have first amendment implications. Next, Paul Scharre of the Center for a New American Security provides a chilling update on the future of fully autonomous weapons. Will machines soon make decisions on the battlefield without humans?  Finally, Amy Wilentz, contributing editor at The Nation, joins the show to shed light on the chaos that is unfolding in Haiti, as gangs run rampant in the capital.    GUESTS: Shibley Telhami (@ShibleyTelhami), Kori Schake (@KoriSchake), Glenn Gerstell , Paul Scharre (@paul_scharre), Amy Wilentz (@amywilentz) Learn more about your ad choices. Visit podcastchoices.com/adchoices

The clock is ticking fast for reauthorization of FISA Section 702. With several proposed bills on the table and lack of consensus within Congress, the fate of this surveillance tool is at this time unclear. This week, host Elisa is joined by Glenn Gerstell and Adam Hickey to discuss the security value of Section 702, its strengths and weaknesses, and how clashing views behind privacy and data collection are shaping the conversation. Glenn Gerstell is former General Counsel at the National Security Agency: https://glenngerstell.com/#about Adam Hickey is Partner at Mayer Brown, and the former Deputy Assistant Attorney General for National Security: https://www.mayerbrown.com/en/people/h/adam-hickey?tab=overview References: Foreign Intelligence Surveillance Act (FISA) Section 702 Resource Page: https://www.fisa702resources.com FISA Section 702 Overview: https://www.dni.gov/files/icotr/Section702-Basics-Infographic.pdf Report on the Surveillance Program Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, PCLOB 2023: https://documents.pclob.gov/prod/Documents/OversightReport/054417e4-9d20-427a-9850-862a6f29ac42/2023%20PCLOB%20702%20Report%20(002).pdf HPSCI FISA Section 702 Report, November 2023: https://intelligence.house.gov/uploadedfiles/hpsci_fisa_reauthorization_2023_report.pdf E.O. 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf S.3351, FISA Reform and Reauthorization Act of 2023: https://www.congress.gov/bill/118th-congress/senate-bill/3351?s=1&r=3&q=%7B%22search%22%3A%22chamberActionDateCode%3A%5C%222023-11-28%7C118%7C10000%5C%22+AND+billIsReserved%3A%5C%22N%5C%22%22%7D S.1265, Fourth Amendment Is Not For Sale Act: https://www.congress.gov/bill/117th-congress/senate-bill/1265 H.R. 6570, Protect Liberty and End Warrantless Surveillance Act of 2023: https://www.congress.gov/bill/118th-congress/house-bill/6570

Section 702 of the Foreign Intelligence Surveillance Act is set to expire this year unless reauthorized by Congress. This week, we're airing our latest live discussion featuring special guest April Doss, General Counsel at the National Security Agency. April addresses the arguments for supporting 702, where its pitfalls may lie, and how critical this framework is to national security. April Doss is General Counsel for the National Security Agency: https://www.nsa.gov/Culture/General-Counsel/Leadership/ Moderated by Harvey Rishikof, Senior Counselor of the ABA Standing Committee on Law and National Security, and Director of Policy and Cyber Research at the University of Maryland Applied Research Lab for Intelligence and Security: https://law.temple.edu/contact/harvey-rishikof/ Introductions by Glenn Gerstell, former General Counsel for the National Security Agency: https://glenngerstell.com/#about References: FISA, Section 702: https://www.govinfo.gov/content/pkg/BILLS-110hr6304enr/pdf/BILLS-110hr6304enr.pdf E.O. 14086: https://www.govinfo.gov/content/pkg/FR-2022-10-14/pdf/2022-22531.pdf The Annual Statistical Transparency Report, 2022 Edition: https://www.dni.gov/files/CLPT/documents/2022_ASTR_for_CY2020_FINAL.pdf Check out the Foreign Intelligence Surveillance Act Section 702 Resource Page: https://www.fisa702resources.com *2023 Edition of The Annual Statistical Transparency Report is to be released later this month, and will be available on the 702 Resource Page listed above

Tik Tok, the Chinese-owned social media platform, has taken the U.S. by storm with nearly two thirds of American teenagers currently active on the app. Through a national security lens, Tik Tok is a giant red flag – Congress is advancing legislation to enable a nationwide ban over growing data-privacy concerns. But would a flat ban actually hurt more than it helps? This week, host Elisa welcomes Glenn Gerstell, former General Counsel at the National Security Agency. Together they examine Tik Tok's business model, what user data the company collects, and why concerns over transparency are legitimate. What does Tik Tok know about us? Is it just government employees that should be concerned? And is a nationwide flat ban just a slippery slope for future social media legislation? Glenn Gerstell is former General Counsel at the National Security Agency: https://glenngerstell.com/#about References: Gerstell, G. S. (2022, March 4). I've dealt with foreign cyberattacks. America isn't ready for what's coming. The New York Times: https://drive.google.com/file/d/1SXtaBja2gqC2Q8smFBNNJ3OIQyhG_bOV/view?usp=share_link Gerstell, G. S. (2020, November 13). The national-security case for fixing social media. The New Yorker: https://www.newyorker.com/tech/annals-of-technology/the-national-security-case-for-fixing-social-media CBS Interactive. (n.d.). NSA's former top lawyer on understanding electronic surveillance - "Intelligence matters". CBS News: https://www.cbsnews.com/news/nsas-former-top-lawyer-on-understanding-electronic-surveillance-intelligence-matters/ Glenn S. Gerstell: A tiktok ban won't solve our problems. The Salt Lake Tribune. (2023, February 5): https://www.sltrib.com/opinion/commentary/2023/02/05/glenn-s-gerstell-tiktok-ban-wont/

In this episode of Intelligence Matters, host Michael Morell speaks with Glenn Gerstell, former general counsel at the National Security Agency, about how and when the NSA is authorized to use electronic surveillance to collect intelligence on foreign targets. Gerstell offers a detailed explanation of the origins and evolution of the Foreign Intellingence Surveillance Act (FISA) and the statute, most commonly referred to as Section 702, that allows electronic surveillance using U.S. electronic communications service providers. He and Morell walk through the legal limitations put forth in the statute and the debate currently surrounding its reauthorization by Congress. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Guests: George Conway, Glenn Gerstell, Paul Butler, Mary McCord, Jena GriswoldThe Jan. 6 committee commands Donald Trump's appearance on the day Steve Bannon gets his prison sentence for blowing them off. Tonight: George Conway on the documents and testimony the committee is seeking in their subpoena of Donald Trump. Then, why was the ex-president keeping classified intelligence about Iran and China? Explosive new details about the stolen documents at Mar-a-Lago. Plus, a victim of the Ron DeSantis election fraud stunt has his charges dropped. And reports of voter intimidation referred to the DOJ from Arizona where the stakes for democracy could not be higher.  

Guests: Chuck Rosenberg, Glenn Gerstell, Danya Perry, Michael Sallah, Rep. Ro KhannaTonight: The unsealed affidavit from the search of Donald Trump's home—new revelations from the letter explaining the redactions. And if there was probable cause of a crime, and evidence a crime recovered, what happens now? Plus, incredible new reporting on just how easy it is to infiltrate the resort home where Donald Trump stored national security secrets. And after an incredibly successful week, the Biden warning to Republicans ahead of the midterms. 

Tonight on the Last Word: Former Trump Org. CFO Allen Weisselberg is expected to plead guilty in the tax fraud case. Also, national security experts dismiss Trump's declassification claims. Plus, Rudy Giuliani is told that he is a target of the Georgia election probe. And Pres. Biden is set to sign the Inflation Reduction into law. Andrew Weissmann, Bradley Moss, Glenn Gerstell, Glenn Kirschner and Rep. Pramila Jayapal join Lawrence O'Donnell.

In this episode, A'ndre and Ryan talk to former NSA General Counsel Glenn Gerstell about the cyber aspects of the Russo-Ukrainian War. The conversation begins with an overview of Russia's use of cyber against Ukraine and the likely ramp-up of cyber capabilities as the conflict continues. Glenn also discusses his assessment of potential cyberattacks against the U.S. and how the Biden Administration would respond. The conversation then delves into disinformation, why Glenn views it as the foremost national security threat, and how  governments and the private sector can fight back. 

In this episode, host Allan Marks sits down with former NSA General Counsel Glenn Gerstell for a regulatory overview and an insider's perspective on the current threat landscape for cyber risks – from state actors threatening critical infrastructure to hackers using ransomware, other malware or denial of service (DoS) and distributed denial of service (DDoS) attacks. Glenn also shares his thinking on how governments can better address cyber risks to agencies, private entities and along global supply chains, and the role of cryptocurrencies in ransomware attacks. About the Speakers:Glenn S. Gerstell served as the general counsel of the National Security Agency (NSA) and Central Security Service (CSS) from 2015 to 2020. He has written and spoken widely about the intersections of technology and national security and privacy. Prior to joining the NSA, Mr. Gerstell practiced law for almost 40 years at the international law firm of Milbank LLP, where he focused on the global telecommunications industry and served as the managing partner of the firm's Washington, DC, Singapore, and Hong Kong offices. Mr. Gerstell served on the President's National Infrastructure Advisory Council, which reports to the president and the secretary of homeland security on security threats to the nation's infrastructure, as well as on the District of Columbia Homeland Security Commission.  Earlier in his career, he was an adjunct law professor at the Georgetown University Law Center and New York Law School. He is a recipient of the National Intelligence Distinguished Service Medal, the Secretary of Defense Medal for Exceptional Civilian Service and the NSA Distinguished Civilian Service Medal.Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Mr. Marks also serves as an Adjunct Lecturer at the University of California, Berkeley at both the Law School and the Haas School of Business.Listen to Cybersecurity Part 2 here.Disclaimer

Cyberattacks are the newest weapon in global warfare, and the Biden administration is now concerned that Kremlin-backed Russian hackers could go after the US. Grace Ferguson talked to Glenn Gerstell, former general counsel for the NSA who now serves as a senior advisor on technology and national security at Center for Strategic and International Studies. Gerstell says we're not ready for a cyber war.

Paul Poast University of Chicago professor and author of Arguing about Alliances says we're past the open stage of the war in Ukraine. In the Spiel Mike discusses US cyber vulnerabilities and tries to get a handle on what a hack might look like and discusses how to stop one, with Glenn Gerstell, former Counsel for the NSA Produced by Joel Patterson and Corey Wara Email us at thegist@mikepesca.com To advertise on the show, visit: https://advertisecast.com/TheGist Learn more about your ad choices. Visit megaphone.fm/adchoices

The Federal Trade Commission's (FTC) other foot, I argue, is lodged firmly in its mouth. Tatyana Bolton defends the agency, which released what can only be described as a regulatory blog post in response to the log4j vulnerability, invoking the $700 million in fines imposed on Equifax to threatening “to use its full legal authority to pursue companies that fail to take reasonable steps to protect consumer data from exposure as a result of Log4j.” She stresses that this is the best way to get companies to patch quickly and notes that only “reasonable steps” are required. I think we'll hear that a lot from the FTC, now that it turns out that fixing the Log4j mess is going to require a lot more that regulatory flexing. Especially, since the FTC's blog post seems to pull back from its tough-guy pose when talking about the open source maintainers who actually have to do much of the patch generation; unlike the companies it threatened with wrath, the FTC understands that open source coders “don't always have adequate resources and personnel,” something the FTC “will consider as we work to address the root issues that endanger user security.” Speaking of fallible regulators, Glenn Gerstell gives us a tour of China's tech regulatory landscape, and the remarkable decline in the fortunes of consumer tech firms in that country, as the New York Times covered in detail last week. Is that good news for Silicon Valley or U.S. competitiveness? Sadly, probably not, I conclude. Mark MacCarthy explains why the proposal to marry cryptocurrency to Signal is causing angst among Signal's supporters about the end-to-end encrypted service's ”regulatory attack surface.” Glenn covers the latest story about security risks and telecom gear from China. Mark and I dig into the growing enthusiasm for regulating big Silicon Valley companies as gatekeepers. The Germans are about to apply that approach to Google. And the South Koreans are doing the same to Apple and its app store payment policies. Tatyana notes the press coverage about possible tensions between two talented and strong cybersecurity officials in the White House: Anne Neuberger and Chris Inglis. I put Glenn on the spot about claims that Anne has “a particular tendency to clash with lawyers.” That would only make me love her more, but Glenn (who, as the National Security Agency's top lawyer, worked with her for years) absolves her of the charge.   Mark and I handicap the probability that the plaintiff will succeed in a highly charged lawsuit against Facebook/Meta Platforms for bringing together the boogaloo conspirators who killed a federal protective officer. It's a long shot, but if “negligent design” turns out to create liability for software and algorithms, Signal will have an even greater attack surface than its fans are worried about. Glenn explains the charges brought in China against Walmart for breaches of cybersecurity laws (hint: it's mostly not breaches of cybersecurity laws). Speaking of surprises that aren't surprises, Glenn also covers the announcement by Lloyd's of London that cyber insurance won't cover cyberattacks attributable to nation-states. Finally, I devote a few minutes to rant about the Justice Department's decision to expand charges against Joe Sullivan, Uber's former chief information security officer, for his role in payment of “bug bounties” to hackers who looked more like crooks than bounty hunters. More than a year after charging Sullivan with obstruction of justice, the department piled on new charges of wire fraud for failing to tell Uber's drivers about the breach. Glenn and I both question the decision to do this without any new facts to base the charges on. And I point out that the result of exposing breach response into wire fraud charges will (or should be) fatal to the FBI's desire to be called in while companies are dealing with breaches. If the company delays notice to the public for longer than the government thinks proper, wire fraud charges start to hang heavy in the air. If so, why would any general counsel want to have an FBI agent sitting in the room for the debate about when notice to customers is required? Download the 389th Episode (mp3)   You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

The Federal Trade Commission's (FTC) other foot, I argue, is lodged firmly in its mouth. Tatyana Bolton defends the agency, which released what can only be described as a regulatory blog post in response to the log4j vulnerability, invoking the $700 million in fines imposed on Equifax to threatening “to use its full legal authority to pursue companies that fail to take reasonable steps to protect consumer data from exposure as a result of Log4j.” She stresses that this is the best way to get companies to patch quickly and notes that only “reasonable steps” are required. I think we'll hear that a lot from the FTC, now that it turns out that fixing the Log4j mess is going to require a lot more that regulatory flexing. Especially, since the FTC's blog post seems to pull back from its tough-guy pose when talking about the open source maintainers who actually have to do much of the patch generation; unlike the companies it threatened with wrath, the FTC understands that open source coders “don't always have adequate resources and personnel,” something the FTC “will consider as we work to address the root issues that endanger user security.” Speaking of fallible regulators, Glenn Gerstell gives us a tour of China's tech regulatory landscape, and the remarkable decline in the fortunes of consumer tech firms in that country, as the New York Times covered in detail last week. Is that good news for Silicon Valley or U.S. competitiveness? Sadly, probably not, I conclude. Mark MacCarthy explains why the proposal to marry cryptocurrency to Signal is causing angst among Signal's supporters about the end-to-end encrypted service's ”regulatory attack surface.” Glenn covers the latest story about security risks and telecom gear from China. Mark and I dig into the growing enthusiasm for regulating big Silicon Valley companies as gatekeepers. The Germans are about to apply that approach to Google. And the South Koreans are doing the same to Apple and its app store payment policies. Tatyana notes the press coverage about possible tensions between two talented and strong cybersecurity officials in the White House: Anne Neuberger and Chris Inglis. I put Glenn on the spot about claims that Anne has “a particular tendency to clash with lawyers.” That would only make me love her more, but Glenn (who, as the National Security Agency's top lawyer, worked with her for years) absolves her of the charge.   Mark and I handicap the probability that the plaintiff will succeed in a highly charged lawsuit against Facebook/Meta Platforms for bringing together the boogaloo conspirators who killed a federal protective officer. It's a long shot, but if “negligent design” turns out to create liability for software and algorithms, Signal will have an even greater attack surface than its fans are worried about. Glenn explains the charges brought in China against Walmart for breaches of cybersecurity laws (hint: it's mostly not breaches of cybersecurity laws). Speaking of surprises that aren't surprises, Glenn also covers the announcement by Lloyd's of London that cyber insurance won't cover cyberattacks attributable to nation-states. Finally, I devote a few minutes to rant about the Justice Department's decision to expand charges against Joe Sullivan, Uber's former chief information security officer, for his role in payment of “bug bounties” to hackers who looked more like crooks than bounty hunters. More than a year after charging Sullivan with obstruction of justice, the department piled on new charges of wire fraud for failing to tell Uber's drivers about the breach. Glenn and I both question the decision to do this without any new facts to base the charges on. And I point out that the result of exposing breach response into wire fraud charges will (or should be) fatal to the FBI's desire to be called in while companies are dealing with breaches. If the company delays notice to the public for longer than the government thinks proper, wire fraud charges start to hang heavy in the air. If so, why would any general counsel want to have an FBI agent sitting in the room for the debate about when notice to customers is required? Download the 389th Episode (mp3)   You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

In the latest episode of The Burn Bag Podcast, we interview Glenn Gerstell, who as General Counsel, was the top lawyer at the National Security Agency between 2015 and 2020. We begin the conversation by getting Glenn's thoughts on why he believes that online disinformation is a national security threat, why cyber-propelled disinformation is very different from the spread of 'old-fashioned' propaganda, and whether the 2020 Election's disinformation was primarily bolstered by Russia or domestic actors. Glenn outlines approaches that we can take to address disinformation, and provides his own views on Section 230. We then move on into the SolarWinds hack and broader issues around cyber-espionage, and what the state of U.S. cyber-security is. We close out the conversation on the topic of grappling with privacy amidst concerns about domestic terror threats, and the clear lines that are drawn with regards to how the NSA conducts surveillance abroad. Glenn ends by talking about why the Intelligence Community needs to adapt, and how we can rethink our idea of what 'national security' is.You can check out more of Glenn's work here.

Online disinformation affects our national well being. It’s corrosive effect on democracy leads to greater mistrust and skepticism of our institutions. In this week’s episode, host Harvey Rishikof and guest Glenn Gerstell discuss the magnitude of the problem, its long term effects, and what lawyers should be thinking about in an effort to mitigate the problem. Glenn Gerstell is a senior advisor with CSIS’s International Security Program, and formerly served as the general counsel of the NSA. This episode references: - Section 230, Communications Decency Act: https://www.law.cornell.edu/uscode/text/47/230 - Truth Decay: An Initial Exploration of the Diminishing Role of Facts and Analysis in American Public Life: https://www.rand.org/pubs/research_reports/RR2314.html - Glenn Gerstell, "I Work for N.S.A We Cannot Afford to Lose the Digital Revolution." New York Times, Sep. 10, 2019. https://www.nytimes.com/2019/09/10/opinion/nsa-privacy.html - Glenn Gerstell, "The National-Security Case for Fixing Social Media." New Yorker, Nov. 13, 2020. https://www.newyorker.com/tech/annals-of-technology/the-national-security-case-for-fixing-social-media

In this episode of Intelligence Matters, Michael Morell speaks with former General Counsel at NSA Glenn Gerstell about why tackling disinformation on social media is a national security issue. Glenn outlines legal, technological and policy approaches the new administration can take to combat the spread of disinformation on social media.

About the lecture: Mr. Glenn Gerstell will discuss the national security burdens that our private sector must bear due to the advent of new technology and widespread disinformation online. Please click here for Mr. Gerstell's New Yorker article on this topic: https://www.newyorker.com/tech/annals-of-technology/the-national-security-case-for-fixing-social-media About the speaker: Glenn S. Gerstell served as the general counsel of the National Security Agency (NSA) and Central Security Service (CSS) from 2015 to 2020. He has written and spoken widely about the intersections of technology and national security and privacy. Prior to joining the NSA, Mr. Gerstell practiced law for almost 40 years at the international law firm of Milbank, LLP, where he focused on the global telecommunications industry and served as the managing partner of the firm's Washington, D.C., Singapore, and Hong Kong offices. Mr. Gerstell served on the President's National Infrastructure Advisory Council, which reports to the president and the secretary of homeland security on security threats to the nation's infrastructure, as well as on the District of Columbia Homeland Security Commission. A graduate of New York University and Columbia University School of Law, Mr. Gerstell is an elected member of the American Academy of Diplomacy and a member of the Council on Foreign Relations. Earlier in his career, he was an adjunct law professor at the Georgetown University Law Center and New York Law School. He is a recipient of the National Intelligence Distinguished Service Medal, the Secretary of Defense Medal for Exceptional Civilian Service and the NSA Distinguished Civilian Service Medal.

Glenn Gerstell recently stepped down as the general counsel for the National Security Agency, America's premier technical intelligence agency. In this episode, Gerstell discusses how the United States undertakes sophisticated intelligence collection while staying consistent with a constitutional obligation to protect the privacy of American citizens. 

Our interview in this episode is with Glenn Gerstell, freed at last from some of the constraints that come with government service. We cover the Snowden leaks, how private and public legal work differs (hint: it's the turf battles), Cyber Command, Russian election interference, reauthorization of FISA, and the daunting challenges the US (and its Intelligence Community) will face as China's economy begins to reinforce its global security ambitions.  In the news, Nate Jones and Nick Weaver talk through the new legal and technical ground broken by the United States in identifying two Chinese nationals and the $100 million in cryptocurrency they laundered for North Korean hackers. Paul Rosenzweig lays out the challenge posed for the Supreme Court's Carpenter decision by LocateX, which provides detailed location data commercially. This is exactly the quagmire I expected the Court to find itself in when it abandoned the third-party doctrine on a one-off basis. Nick points out that the data is only pseudonymized and tries with mixed success to teach me to say “de-pseudonymized.”  Nate and I conclude that facial recognition has achieved a new level of infamy. Kashmir Hill at the New York Times adds a new drop of poison in a story that could just as well have repeated “I hate Clearview AI” 50 times for all it told us about the company. And Anna Merlan of Vice published a story about Clearview's practices.

The black letter law and articles referenced in this episode are: Glenn Gerstell, “I Work for N.S.A. We Cannot Afford to Lose the Digital Revolution,” New York Times https://www.nytimes.com/2019/09/10/opinion/nsa-privacy.html DHS CISA Alert on Iranian Cyber Responses https://www.us-cert.gov/ncas/alerts/aa20-006a NCSC Private Industry Resources https://www.dni.gov/index.php/ncsc-newsroom/item/1938-national-counterintelligence-and-security-center-launches-campaign-to-help-private-industry-guard-against-threats-from-nation-state-actors Carpenter vs. United States (Decided June 22, 2018) https://www.scotusblog.com/case-files/cases/carpenter-v-united-states-2/ NSA Cybersecurity Advisory for Microsoft Windows 10 Vulnerability https://media.defense.gov/2020/Jan/14/2002234275/-1/-1/0/CSA-WINDOWS-10-CRYPT-LIB-20190114.PDF The U.S. Intelligence Community Law Sourcebook 2019 Edition https://www.americanbar.org/products/inv/book/364823968/ Glenn Gerstell is the General Counsel of the National Security Agency https://www.nsa.gov/about/ogc/leadership/

Joel Trachtman thinks it's a near certainty that the World Trade Organization agreements will complicate U.S. efforts to head off an Internet of Things cybersecurity meltdown, and there's a real possibility that a U.S. cybersecurity regime could be held to violate our international trade obligations. Claire Schachter and I dig into the details of the looming disaster and how to avoid it. In the news, Paul Rosenzweig analyzes the Ninth Circuit holding that scraping publicly available information doesn't violate the CFAA. The California legislature has adjourned, leaving behind a smoking ruin where Silicon Valley's business models used to be. Mark MacCarthy elaborates: One new law would force companies like Uber and Lyft (and a boatload more) to treat workers as employees, not contractors. Another set of votes has left the California Consumer Privacy Act more or less unscathed as its 2020 effective date looms. Really, it's beginning to look as though even California hates Silicon Valley.  Klon Kitchen and I discuss the latest round of U.S. sanctions on North Korean hacking groups. The sanctions won't hit anyone in North Korea, but they might affect a few of their enablers on the Internet. The real question, though, is this: Since sanctions violations are punishable even when they aren't intentional, will U.S. companies whose money is stolen by the Lazarus Group be penalized for having engaged in a prohibited transaction with a sanctioned party? Maybe the Lazarus Group should steal a license too, just to be sure.  Klon also lays out in chilling detail what the Russians were really trying to do to Ukraine's grid—and the growing risk that someone is going to launch a destructive cyberattack that leads to a cycle of serious real-world violence. The drone attack on Saudi oil facilities shows how big that risk can be.  Paul examines reports that Israel planted spy devices near the White House. He thinks it says more about the White House than about Israel. Paul also reports on one of the unlikelier escapades of students from his alma mater: Trading 15 minutes at the keyboard for a lifetime of trouble on their permanent records. The lesson? If you try to access the president's tax data online, you're going to jail, prank or not. I walk back the deepfake voice scam story, but Klon points out that it reflects a future that is coming for U.S. soon, if not today. Proving the old adage about a fool for a lawyer, the Mar-a-Lago trespasser has been found guilty after an ineffective pro se defense. Klon digs into the long and thoughtful op-ed by NSA's Glenn Gerstell about the effects of the “digital revolution” on national security. I note the recent Carnegie report trying to move the encryption debate forward. I also plug my upcoming speech in Israel on the topic.    Download the 278th Episode (mp3).   You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed!   As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug!   The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In this episode, we discuss: • An inside look at the General Counsel’s office at the NSA; • How technological advancement is affecting the work of the NSA; • Cybersecurity threats at home and abroad; and • How the NSA is continuing to evolve.

In this episode of Intelligence Matters, host Michael Morell speaks with Glenn Gerstell, the National Security Agency's top legal officer. They discuss the looming legal, ethical and societal implications of the digital revolution underway across the globe, as well as the challenges posed by the rapid development and adoption of new technologies. Gerstell explains how changes in the information landscape have prompted an evolution in the NSA's own approach to transparency. He also details the NSA's internal protocols for identifying surveillance targets and unmasking individuals whose communications are captured by incidental collection.

Glenn Gerstell is the General Counsel of the National Security Agency https://www.nsa.gov/news-features/press-room/Article/1629033/nsa-announces-glenn-s-gerstell-as-new-general-counsel/ For more on the 28th Annual Review of the Field of National Security Law Conference https://www.americanbar.org/groups/public_services/law_national_security/events_cle/past_event_info_materials/28arc/

In our 203rd episode of The Cyberlaw Podcast, Stewart Baker and Jamil Jaffer interview Glenn Gerstell, the General Counsel of the National Security Agency. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

We have a special treat in this off-cycle episode!  NSA GC Glenn Gerstell is in Austin to speak to our students here at UT, and (no doubt against his better judgment) he agreed to sit...

Glenn Gerstell, general counsel for the National Security Agency, discusses current challenges in national security, life in the general counsel’s office and careers in national security law. (University of Virginia School of Law, Nov. 10, 2016)

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.