Podcast appearances and mentions of Stewart Baker

In this edition of Between Two Nerds Tom Uren and The Grugq examine whether the US should steal intellectual property from Chinese companies. This episode is also available on Youtube. Show notes Stewart Baker's Lawfare article Bunny Huang's 'Essential Guide to Electronics in Shenzhen' BTN44 on the rights and wrongs of intellectual property theft Corelight sponsor interview with James Pope

President Trump abruptly fired the director and deputy director of the National Security Agency, the country’s powerful cyber intelligence bureau. That’s according to reports and members of the House and Senate intelligence committees. The firings came after right-wing activist Laura Loomer urged Trump to do so. Geoff Bennett discussed more with Stewart Baker, a former NSA general counsel. PBS News is supported by - https://www.pbs.org/newshour/about/funders

Podcast: Unsolicited Response (LS 34 · TOP 5% what is this?)Episode: S4x24 Main Stage Interview With Stewart BakerPub date: 2024-07-10Stewart Baker is one of the preeminent lawyers on topics of cyber law with an impressive career in and out of government. Stewart also hosts the Cyberlaw podcast. The Biden administration is contending that vendors should be held liable for security deficiencies in their products.  Assuming this is turned into law and/or executive orders, what does it mean? What can we learn from other liability law to inform us what would be required for a vendor to be held liable for a security issue? How would the judgment / damages be determined.  Dale's note: We talk about the SEC charges against SolarWinds in this interview.The podcast and artwork embedded on this page are from Dale Peterson: ICS Security Catalyst and S4 Conference Chair, which is the property of its owner and not affiliated with or endorsed by Listen Notes, Inc.

Stewart Baker is one of the preeminent lawyers on topics of cyber law with an impressive career in and out of government. Stewart also hosts the Cyberlaw podcast. The Biden administration is contending that vendors should be held liable for security deficiencies in their products.  Assuming this is turned into law and/or executive orders, what does it mean? What can we learn from other liability law to inform us what would be required for a vendor to be held liable for a security issue? How would the judgment / damages be determined.  Dale's note: We talk about the SEC charges against SolarWinds in this interview.

Tensions between Lebanon and Israel run high after Hamas confirmed that one of their top leaders died in an attack in Beirut. While Israel has not claimed responsibility, the blast has stoked fears of a widening regional conflict. The Washington Post's Sarah Dadouch tells us more. And, the hacking of the small public water authority in Aliquippa, Pennsylvania, is making people pay a little more attention to warnings about the vulnerability of all U.S. utilities to international cyberattacks. Cybersecurity lawyer Stewart Baker joins us. Then, Carey Callahan is a therapist in Ohio who detransitioned. She previously said she was against gender-affirming care for kids, but is now advocating against bans on trans health care. She tells us more about her story.

Featuring:Hon. Stewart Baker, Of Counsel, Steptoe & Johnson LLPHon. Beth A. Williams, Board Member, United States Privacy and Civil Liberties Oversight BoardMr. Gene C. Schaerr, Partner, Schaerr Jaffe LLPProf. John Yoo, Emanuel Heller Professor of Law, University of California Berkeley School of LawModerator: Hon. Paul Matey, United States Court of Appeals, Third Circuit

How has our knowledge of AI and our awareness of its potential progressed in the past 5 years? This week, we're going back to the vault to re-air one of our first AI related episodes, featuring Michael Page, former Policy and Ethics advisor at OpenAI. Michael Page is the former Policy and Ethics Advisor at OpenAI: https://cset.georgetown.edu/staff/michael-page/ Stewart Baker is Of Counsel at Steptoe & Johnson https://www.steptoe.com/en/lawyers/stewart-baker.html References: "AI outperforms human lawyers in reviewing legal documents" : https://futurism.com/ai-contracts-lawyers-lawgeex "An algorithm that grants freedom, or takes it away": https://www.nytimes.com/2020/02/06/technology/predictive-algorithms-crime.html "Can AI be taught to explain itself?": https://www.nytimes.com/2017/11/21/magazine/can-ai-be-taught-to-explain-itself.html H.R.4625, FUTURE of Artificial Intelligence Act of 2017: https://www.congress.gov/bill/115th-congress/house-bill/4625/text Find more about the Steptoe Cyberlaw Cast https://www.steptoe.com/en/services/practices/litigation/privacy-cybersecurity.html?tab=the_cyberlaw_podcast Join us for the 33rd Annual Review of the Field of National Security Law CLE Conference this November 16-17, held at the Renaissance Washington DC Downtown Hotel: https://web.cvent.com/event/7eb6b360-9f77-4555-844f-4fa28099f64a/summary

Recent political developments have damaged the reputation of the intelligence community and have deeply divided the country. Some say that the recent performance of the intelligence community, and particularly the FBI, has battered its reputation for avoiding partisanship. Reports by Robert Mueller, John Durham, and multiple inspectors general have fostered suspicions that the Trump-Russia investigation was driven more by politics than by evidence. This loss of faith in national security agencies raises questions with profound consequences for American democracy. Join moderator Harvey Rishikof, and panelists Stewart Baker, Mary McCord and Alex Joel for a discussion of these issues and importantly, what can be done today to restore trust and public confidence in our federal law enforcement and intelligence communities. You be the judge! Harvey Rishikof is former Legal Counsel to the Deputy Director of the FBI: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/bios-headshots.pdf Stewart Baker is former General Counsel for the NSA: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/bios-headshots.pdf Alex Joel is the former Civil Liberties Protection Officer for ODNI: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/bios-headshots.pdf Mary McCord is the former Acting Assistant Attorney General for National Security at DOJ: https://www.americanbar.org/content/dam/aba/administrative/law_national_security/bios-headshots.pdf Nominate National Security Law Today on People's Choice Podcast Awards through this link: https://www.podcastawards.com/! 1. Click the blue “Click Here to Vote” button 2. On the sign up site, check the box that says “Please consider me as one of the listeners that will be randomly selected to vote on the final slate in August” and enter “National Security Law Today” in the Biggest Podcast Influencer box 3. On the nomination site, nominate “National Security Law Today” for The Adam Curry People's Choice Award, Government & Organizations, and The Majority Report Politics & News Category

Max Schrems is the lawyer and activist behind two (and, probably soon, a third) legal challenge to the adequacy of U.S. law to protect European personal data. Thanks to the Federalist Society's Regulatory Transparency Project, Max and I were able to spend an hour debating the law and policy behind Europe's generation-long fight with the United States over transatlantic data flows.  It's civil, pointed, occasionally raucous, and wide-ranging – a fun, detailed introduction to the issues that will almost certainly feature in the next round of litigation over the latest agreement between Europe and the U.S. Don't miss it! Download 465th 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@gmail.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.

Max Schrems is the lawyer and activist behind two (and, probably soon, a third) legal challenge to the adequacy of U.S. law to protect European personal data. Thanks to the Federalist Society's Regulatory Transparency Project, Max and I were able to spend an hour debating the law and policy behind Europe's generation-long fight with the United States over transatlantic data flows.  It's civil, pointed, occasionally raucous, and wide-ranging – a fun, detailed introduction to the issues that will almost certainly feature in the next round of litigation over the latest agreement between Europe and the U.S. Don't miss it! Download 465th 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@gmail.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.

Welcome to "AI Lawyer Talking Tech," your daily review of the latest legal technology news. In today's episode, we dive into the most relevant articles surrounding the ever-evolving field of legal technology. From the potential legal troubles faced by Babylon Health's AI claims to the increasing adoption of AI solutions in the legal industry, we've got you covered. Join us as we explore the impact of generative AI in the legal space, the rise of AI-powered software in corporate law departments, and the ongoing debate on privacy frameworks. Stay tuned for a comprehensive discussion on the advancements, challenges, and possibilities that AI brings to the legal profession. Let's get started! Babylon Health faces legal headache over AI claimsDate: 01 Jul 2023Source: Express Digest #Why I Am A Solo - WFH Is Becoming WFA - Where Do You Work?Date: 01 Jul 2023Source: Futurelawyer Elon Musk claims Twitter login requirement temporary measure due to data scrapingDate: 01 Jul 2023Source: MSN United States LegalTech's AI Race: A Sign of What's to ComeDate: 30 Jun 2023Source: LexBlog Exterro Events Calendar: Were Keeping Busy This July! Created on Jun 30, 2023 BY Tim RollinsDate: 30 Jun 2023Source: Exterro A New Class Action Lawsuit Adds to OpenAIs Growing Legal TroublesDate: 30 Jun 2023Source: Yahoo! News On the Law: Use of artificial intelligence in courtDate: 30 Jun 2023Source: New York Daily Star Consequences of Affirmative Action's Decline on Diversity in Big Law's Talent PipelineDate: 30 Jun 2023Source: JDJournal Why Corporate Attorneys Are Opting to Use ChatGPT In-House Instead of Paying Law FirmsDate: 30 Jun 2023Source: JDJournal 465. Stewart Baker and Max Schrems Debate the Privacy FrameworkDate: 30 Jun 2023Source: Skating on Stilts Michigan EdTech Pitch Contest awards $22,000 to five education innovatorsDate: 30 Jun 2023Source: eCampus News Advancement Metrics 101 for Law School Deans Post #2Date: 30 Jun 2023Source: LexBlog OpenAI and Microsoft Face $3 Billion Privacy LawsuitDate: 30 Jun 2023Source: Shelly Palmer Digital Living - Blog On Today's Live Legaltech Week: Nota's CEO Is Our Guest and We'll Weigh In On the Casetext AcquisitionDate: 30 Jun 2023Source: LawSites A Non-Hysterical Guide to ChatGPT for LawyersDate: 30 Jun 2023Source: LexBlog The EU still needs to get its AI Act togetherDate: 30 Jun 2023Source: Upstract Law Firm Branding: How to Get From No-Name to Top of MindDate: 30 Jun 2023Source: LexBlog Tech Group Challenges Arkansas Law Requiring Parental Permissions for Minors on Social MediaDate: 30 Jun 2023Source: Tech Times The Concept of a Virtual Registered Office for EU LawDate: 30 Jun 2023Source: EU Law Analysis 4 Considerations When Building Document Review Workflows Created on Jun 29, 2023 BY Tim RollinsDate: 29 Jun 2023Source: Exterro Highest NQ Lawyer Salaries in the UK – A Fair Deal for Clients?Date: 02 Jul 2023Source: Ward Blawg Artificial intelligence parodiesDate: 02 Jul 2023Source: TechnoLlama Harnessing AI for Legal: A Deep Dive into PossibilitiesDate: 02 Jul 2023Source: Legaltech on Medium Webcast: New York DFS Revises Proposed Amendments to Cybersecurity RuleDate: 30 Jun 2023Source: Debevoise Data Blog ENISA Releases Comprehensive Framework for Ensuring Cybersecurity in the Lifecycle of AI SystemsDate: 30 Jun 2023Source: Technology Law Dispatch Applying Design Thinking to Lit SupportDate: 30 Jun 2023Source: ILTA - International Legal Technology Association Sony Litigation Demonstrates Why Adobe Acrobat Training is So ImportantDate: 30 Jun 2023Source: The Legal Tech Blog TLOT X BB Special | Uncovering misconceptions about innovation in legal w/ Chris Obdam and Chris WilliamsDate: 29 Jun 2023Source: The Law of Tech

It must be our lucky day. 247Sports Director of Recruiting Steve Wiltfong is back and better than ever. Fresh off a trip to the Elite 11 in California and loaded with info from Ohio State's huge recruiting weekend, The Fong has what you need today. Get the absolute latest on KJ Bolden, Eddrick Houston, Dylan Stewart and all the visitors from this past weekend. What's the current pulse of the Aaron Scott and Bryce West recruitments? Is Air Noland that total package in person that he seems to be? Important questions. Educated answers.  Let's do this. Spend 5ish with us this a.m., 'Nutters! To learn more about listener data and our privacy practices visit: https://www.audacyinc.com/privacy-policy Learn more about your ad choices. Visit https://podcastchoices.com/adchoices

What makes the world go round? It is increasingly obvious that today the answer is "data" – specifically, data about individuals that companies collect, transmit, and store. Understandably, governments seek access to that data to protect national security and public safety, but such access raises serious privacy concerns, both at home and abroad. This week's episode features an expert panel from our CLE conference this past February. The panel discusses the various angles of data privacy, as well as the national security benefits and risks of international data flows. To hear the entirety of this panel discussion, please visit our website: https://www.americanbar.org/groups/law_national_security/events_cle/national-security-law-cle-webinar-series-2022-emerging-critical-issues/recording-national-security-law-cle-conference-emerging-critical-issues/ For more information on our past CLE Conference: Emerging Critical Issues: https://www.americanbar.org/groups/law_national_security/events_cle/national-security-law-cle-webinar-series-2022-emerging-critical-issues/ This panel was moderated by Alex Joel, Scholar-in-Residence and Adjunct Professor at the Washington College of Law: https://www.wcl.american.edu/community/faculty/profile/ajoel/bio Ben Huebner is Chief, ODNI Civil Liberties, Privacy and Transparency Office: https://www.dni.gov/index.php/component/content/article?id=350&Itemid=800 Leonard Bailey is Head of Computer Crime and Intellectual Property Section's (CCIPS) Cybersecurity Unit and Special Counsel for National Security in the Department of Justice's (DOJ) Criminal Division: https://www.law.georgetown.edu/national-security-center/our-team/leadership-staff/leonard-bailey/ Estelle Masse is Europe Legislative Manager and Global Data Protection Lead at Access Now: https://www.accessnow.org/profile/estelle-masse/ Stewart Baker is Of Counsel at Steptoe: https://www.steptoe.com/en/lawyers/stewart-baker.html References: Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022: https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary The EU General Data Protection Regulation (GDPR): https://www.trade.gov/european-union-data-privacy-and-protection Carpenter v. United States: https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf Riley v. California: https://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf Paul Ohm, "The Broad Reach of Carpenter v. United States." Just Security. June 27, 2018: https://www.justsecurity.org/58520/broad-reach-carpenter-v-united-states/ The Fourth Amendment Third Party Doctrine: https://sgp.fas.org/crs/misc/R43586.pdf Leaders of A Beautiful Struggle v. Baltimore Police Department: https://www.ca4.uscourts.gov/opinions/201495A.P.pdf Smith v. Maryland: https://supreme.justia.com/cases/federal/us/442/735/ E.O. 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf

We head down to our state capital with The California Report where Sacramento's large Ukrainian population is protesting Russia's invasion. Then we'll look at regional news and weather before we hear part of KVMR News Director Cláudio Mendonça's interview with Nevada Joint Union High School District Superintendent, Brett McFadden. We close with Felton Pruitt, as he talks with Nevada City Chamber of Commerce Executive Director, Stewart Baker, about this Sunday's Mardi Gras Parade.

Felton Pruitt talks with Nevada City Chamber of Commerce Executive Director, Stewart Baker, about this Sunday's Mardi Gras parade.

Wherein we are joined by Stewart Baker, former NSA general counsel, former policy guru at DHS, host of the Cyberlaw Podcast, and general troublemaker. Our GDPR privacy policy was updated on August 8, 2022. Visit acast.com/privacy for more information.

In this special episode, AFIO Now assembled a panel of experts to discuss proposed legislation which would place controls on former military and intelligence officers working overseas with foreign governments. Participants include: The Honorable Mike Rogers, former Chairman of HPSCI; Christopher Bing, Cybersecurity Reporter, Reuters who broke story of Project Raven; Stewart Baker, former General Counsel, NSA and AFIO Chairman; and James Hughes, former CIA Operations Officer and AFIO President. Recorded 22 Oct 2021

The Biden administration had barely named a cabinet, let alone staffed the government, when it began taking cybersecurity hits from all directions. The Russian government was revealed to have carried out a sophisticated supply chain attack through SolarWinds. Then Chinese government hackers launched attacks through Microsoft Exchange, often using extremely irresponsible and promiscuous tactics. Then Russian ransomware gangs threatened a fuel pipeline to the East Coast and beef supplies nationwide.And that's just the first six months. What has been the fallout from these events and how is the administration responding? The calls for regulation of critical infrastructure, of cryptocurrency, and for aggressive retaliation have never been louder. Which will have a long-term impact?In this live podcast, Stewart Baker and Tatyana Bolton trade insights on this pressing topic.Featuring:- Stewart Baker, Partner, Steptoe & Johnson LLP- Tatyana Bolton, Director, Cybersecurity and Emerging Threats, R Street InstituteVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Under the Trump Administration the Justice Department ended certain humanitarian protections for immigrants. Tonight, The California Report examines the Department's different approach to deportation under President Biden. Governor Newsom pledged to make fighting wildfires top priority. However, tonight's Report also covers an investigation showing California is doing less wildfire prevention work than under Newsom's predecessor. We take a brief look at regional headlines and weather before Felton Pruitt speaks with the new Executive Director of Nevada City Chamber of Commerce, Stewart Baker in this week's Nevada City Chamber Report. We close with a commentary from Ginny Hoyt.

Robust and proactive cybersecurity is more critical than ever in our world, and today’s government leaders must have effective plans for protecting against cyber attack. So, how is President Biden doing so far? Digital Detectives Sharon Nelson and John Simek welcome Stewart Baker to discuss the president’s progress on current cybersecurity issues. Drawing from his many years of experience in government, law, and cybersecurity, Stewart outlines some of the existing problems and potential threats our nation is facing and critiques the president’s approach to these complex matters. Stewart Baker practices law at Steptoe & Johnson in Washington, DC, and served as the first assistant secretary for policy at the Department of Homeland Security from 2005 to 2009. Special thanks to our sponsor PInow.

Robust and proactive cybersecurity is more critical than ever in our world, and today's government leaders must have effective plans for protecting against cyber attack. So, how is President Biden doing so far? Digital Detectives Sharon Nelson and John Simek welcome Stewart Baker to discuss the president's progress on current cybersecurity issues. Drawing from his many years of experience in government, law, and cybersecurity, Stewart outlines some of the existing problems and potential threats our nation is facing and critiques the president's approach to these complex matters. Stewart Baker practices law at Steptoe & Johnson in Washington, DC, and served as the first assistant secretary for policy at the Department of Homeland Security from 2005 to 2009. Special thanks to our sponsor PInow.

This week's "Stansberry Insider Weekly" takes an in-depth look at a topic that's driving headlines.  Whether it's TikTok or WeChat.....or Huawei...we've seen an increase in the numbers of Chinese companies under review  -- or outright blocked from doing business -- in the United States.  So, what are the tools the Trump administration has to do this?  One of them -- is a secretive committee in Washington, D.C. known as CFIUS.  Jessica's guest this week -- Stewart Baker -- served on that committee.  He's now an attorney at Steptoe & Johnson, LLP.  She asks Stewart what prompted Washington to create CFIUS and what powers it gives the American president.  Plus, Stewart peels back the curtain on the TikTok deal with Oracle - and how Washington can keep Americans from downloading an app - that poses a risk to national security.

The two active shooter terrorist attack in San Bernardino became into a high-tech case when the phone of one of the shooters was obtained by police, which couldn’t open it because of encryption. This turned into a legal battle between the state and Apple, the creator of the phone, who were asked - and refused - to give access to the phone and to the information on it. This has inspired a lot of research and discussion of what rights we have as users for encryption for password protection, and should it be circumvented in the case of criminal offenses, and how.   We talk about this and more in this episode of Lex Cybernetica, the Hebrew University of Jerusalem Federmann Cyber Security Research Center’s podcast, with Jennifer Daskal, Professor of Law, American University Washington College of Law; Stewart Baker, a lawyer with Steptoe & Johnson in Washington, D.C., and host of the Steptoe Cyberlaw Podcast; Amos Eytan, an attorney with the Israeli State Attorney’s Cybercrime Department; and Lex Cybernetica’s host, Ido Kenan.

In our 326th episode of the Cyberlaw Podcast, Stewart Baker interviews Lauren Willard, who serves as Counsel to the Assistant Attorney General. Stewart is also joined Nick Weaver (@ncweaver), David Kris (@DavidKris), and Paul Rosenzweig (@RosenzweigP). Our interview this week focuses on section 230 of the Communications Decency Act and features Lauren Willard, counsel to the Attorney General and a moving force behind the well-received Justice Department report on section 230 reform. Among the surprises: Just how strong the case is for FCC rule-making jurisdiction over section 230. In the news, David Kris and Paul Rosenzweig talk through the fallout from Schrems II, the Court of Justice decision that may yet cut off all data flows across the Atlantic. Paul and I speculate on the new election interference threat being raised by House Democrats. We also pause to praise the Masterpiece Theatre of intelligence reports on Russian cyber-attacks. Nick Weaver draws our attention to a remarkable lawsuit against Apple. Actually, it's not the lawsuit, it's the conduct by Apple that is remarkable, and not in a good way. Apple gift cards are being used to cash out scams that defraud consumers in the US, and Apple's position is that, gee, it sucks to be a scam victim but that's not Apple's problem, even though Apple is in the position to stop these scams and actually keeps 30% of the proceeds. I point out the Western Union–on better facts than that–ended up paying hundreds of millions of dollars in an FTC enforcement action–and still facing harsh criminal sanctions. Paul and David talk us through the 2021 National Defense Authorization Act, which is shaping up to make a lot of cyber-security law, particularly law recommended by the Cyber Solarium Commission. On one of its recommendations – legislatively creating a White House cyber coordinator – we all end up lukewarm at best. David analyzes the latest criminal indictment of Chinese hackers, and I try to popularize the concept of crony cyberespionage. Paul does a post-mortem on the Twitter hack. And speaking only for myself, I can't wait for Twitter to start charging for subscriptions to the service, for reasons you can probably guess. David digs into the story that gives this episode its title – an academic study claiming that face recognition systems can be subverted by poisoning the training data with undetectable bits of cloaking data that wreck the AI model behind the system. How long, I wonder, before Facebook and Instagram start a “poisoned for your protection” service on their platforms? In quick takes, I ask Nick to comment on the claim that US researchers will soon be building an “unhackable” quantum Internet. Remarkably his response is both pithy and printable. And more!

Last week, the European Court of Justice released its much awaited decision in Data Protection Commissioner v Maximilian Schrems, commonly known as Schrems II, which addressed which privacy requirements governments and corporations within the European Union will be required to secure before participating in international data transfers. The court's decision casts serious doubt on many of the measures currently in place, most notably in relation to the United States's own national security and surveillance activities, and thus raises new questions about how the European Union would continue to interact with the global digital economy. To discuss these developments, Scott R. Anderson sat down with Peter Swire, professor of law and ethics at the Scheller College of Business at the Georgia Institute of Technology and himself a former privacy official in the Clinton and Obama administrations, and Stewart Baker, currently of counsel at Steptoe & Johnson and previously the assistant secretary for policy at the Department of Homeland Security during the George W. Bush administration.

The role of social media platforms in moderating user content has been in the spotlight as President Trump clashes with Twitter and Facebook deals with employee walkouts over the platform’s policy. Dan is joined by former Department of Homeland Security assistant secretary for policy Stewart Baker to discuss the policy at the center of this debate.  PLUS: The business of tear gas and a possible COVID-19 treatment

Many people are holding out contact tracing as the way we are going to control the COVID-19 epidemic. Once we start opening up the economy again, it involves identifying people who have tested positive for the virus and notifying those with whom they have been in close contact that they are at risk and need to quarantine. It also involves surveillance—electronic surveillance of a type that we are not comfortable with as a society. Can we do it legally? Should we do it? Will it be effective? To work through the do's and don'ts and cans and can'ts of contact tracing, Benjamin Wittes spoke with Josh Sharfstein, Susan Landau, Alan Rozenshtein, Stewart Baker, and Bobby Chesney.

The black letter law referenced in this episode is: The Federalist papers https://www.congress.gov/resources/display/content/The+Federalist+Papers HR 755 - Articles of Impeachment https://docs.house.gov/billsthisweek/20191216/BILLS-116hres755rh.pdf Stewart Baker is a Partner at Steptoe & Johnson https://www.steptoe.com/en/lawyers/stewart-baker.html Jamil Jaffer is the Founder and Executive Director of the National Security Institute at GMU https://www.law.gmu.edu/faculty/directory/fulltime/jaffer_jamil_n

Today's episode opens with a truly disturbing bit of neocolonial judicial lawmaking from the Court of Justice of the European Union. The CJEU ruled that an Austrian court can order Facebook to take down statements about an Austrian politician. Called an “oaf” and a “fascist,” the politician more or less proved the truth of the accusations by suing to keep that and similar statements off Facebook worldwide. Trying to find allies for my proposal to adopt blocking legislation to protect the First Amendment from foreign government interference, I argue that President Trump should support such a law. After all, if he were ever to insult a European politician on Twitter, this ruling could lead to litigation that takes his Twitter account offline. True, he could criticize the judges responsible for the judgment as “French” or “German” without upsetting CNN, but that would be cold comfort. At last, a legislative and international agenda for the Age of Trump! Nick Weaver returns to give the FDA a better report card than I expected on its approach to cybersecurity. But we agree that the state of medical device and implant security remains parlous. I try my hand at explaining the D.C. Circuit's Net Neutrality ruling in Mozilla v. FCC. There are still some rounds to be played, but Net Neutrality, if not dead, may at least be pining for the fjords. Introducing a new feature: This Week in Elizabeth Warren. She has a plan to revive the Congressional Office of Technology Assessment. Nick likes the idea. I'm less enthusiastic, perhaps because I actually did some work for OTA before it disappeared. Nick also helps unpack the flap over Google's proposal to do DNS-over-HTTPS, and why ISPs aren't happy about it. Bottom line: If you haven't been paying much attention to the issue, you've made the right choice. Just think of how much time you saved by listening to the podcast! Nick explains how Uzbekistan managed to give cyberattacks an aura, not of menace or invincibility, but of clownish incompetence. David Kris explains the objections from privacy advocates and NGOs to the French government's use of nationwide facial recognition for its ID program. I suggest that this may be the dumbest face recognition privacy “scandal” in history. The cops shut down a Dark Web data center operating from… a NATO bunker? Nick reveals that the main reason to operate from a NATO bunker is, well, marketing. Apparently channeling Stewart Baker, Attorney General Bill Barr is all-in on discouraging mass-market warrant-proof encryption. Nick thinks he's picked the wrong fight. And maybe Nick's right, since the civil-liberties shine on Apple is looking a little scuffed these days. David tells us that NSA has launched a new defense directorate with Anne Neuberger at its helm. I promise to have her on the podcast early next year. David talks about the California man charged with delivering classified information to China's Ministry of State Security. A Yahoo engineer pleads guilty to hacking emails for pornographic images. I'm surprised this doesn't happen every month. And in a sign that Congress can reach bipartisan agreement on bills that do more or less nothing, both the House and the Senate have adopted bills authorizing (but not funding) DHS “cyber hunt” teams to help local governments suffering from cyber ransom and other attacks. Bringing back an old favorite, I cover the hacking of an electronic billboard to play porn.   Download the 281st 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.

Our guest for the interview is Noah Phillips, recently appointed FTC Commissioner and former colleague of Stewart Baker at Steptoe. Noah fields questions about the European Union, privacy, and LabMD, about whether Silicon Valley suppression of conservative speech should be a competition law issue, about how foreign governments' abuse of merger approvals can be disciplined, and much more. The imminent passage of the must-pass National Defense Authorization Act yields a deep dive on the bill. Most important for business lawyers, the bill will include a transformative rewrite of CFIUS's investment-review procedures and policies. Gus Hurwitz lays out many of the cyber issues addressed by the NDAA, while Dr. Megan Reiss explains the act's creation of a “Solarium” commission designed to force serious strategic thinking about cybersecurity and cyberweapons. I offer my contribution to that debate—an effort to think the unthinkable and come up with tougher options for responding to serious cyberattacks. Since we're trying to think the unthinkable, I argue, we're really rooting for the itheberg, so I've dubbed it the Itheberg Project. (There must be a Robert Frost reference in there somewhere—about the world ending in solarium or in ithe—but I can't find it.) I do, however, make an unusual double-barreled offer to those who might want to participate in the Itheberg Project.   All that pales next to a surprisingly lively discussion of circuits splitting over insurance coverage of cyber-related fraud losses. Gus and Matthew Heiman predict that the Supreme Court (or an insurance contract rewrite) will be necessary to resolve the issue – and both of them think the issue is well worth the Court's time. No one tell Judge Kavanaugh or he may just decide to stay on the DC Circuit! In a “lightning” round that the FTC may soon investigate for deceptive labeling: Gus mocks the ACLU's rigged test of Amazon's face recognition software. China screws Qualcomm despite the US deal to save ZTE, letting the NXP acquisition die of neglect. The New York Public Service Commission revoked its 2016 conditional approval of the Charter-Time Warner merger. And India chooses favorable ground for a fight with WhatsApp over end-to-end encryption. Download the 228th Episode (mp3). You can subscribe to The Cyberlaw Podcast using iTunes, Pocket Casts, Google Play, or our RSS feed! As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with Stewart on social media: @stewartbaker on Twitter and on LinkedIn. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested interviewee 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 our 227th episode of The Cyberlaw Podcast, Stewart Baker interviews Bobby Chesney (@BobbyChesney), who recently co-authored a paper with Danielle Citron (@DanielleCitron) titled, “Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security.” Stewart and Bobby are joined by Maury Shenk, Nick Weaver (@ncweaver), and Patt Cannaday to discuss: Is the EU's $5 billion fine on Google a bad idea grounded in anti-Americanism? President Trump seems to think so; The DOJ cyber digital report (PDF) sets sensible new standards for avoiding partisanship while naming foreign states trying to influence US opinion – but if DOJ gives Big Tech special access to intelligence, will Big Tech use the intel in a nonpartisan way? Recent speculative execution attacks on Intel and ARM processors (Spectre et al.); Overdoing it wrong? Senate doesn't just cave on ZTE penalties for violating export control law – it also caves on US supply chain worries; The FISA document dump on Carter Page – sure, it undercuts Devin Nunes, but what are the ramifications for FISA applications that rely heavily on news media articles? All 50 states have taken federal funds (PDF) to improve election cybersecurity – now it's up to them to deliver a secure election in November; EU and Japan agree on mutual adequacy findings allowing personal data transfers – but will the findings meet the European Court of Justice's absurdly solipsistic requirements? You can also find Bobby Chesney on the National Security Law Podcast(@NSLpodcast), which he co-hosts with Steve Vladeck (@steve_vladeck). If you want to learn more about deep fakes, check out the Heritage Foundation's recent discussion in which Bobby participated. Download the 227th Episode (mp3). As always, The Cyberlaw Podcast is open to feedback. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785. Remember: If your suggested interviewee 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.

Our interview is with Gen. Michael Hayden, author of "The Assault on Intelligence: American National Security in an Age of Lies." Gen. Hayden is a former head of the CIA and NSA, and a harsh critic of the Trump Administration. We don't agree on some of his criticisms, but we have a productive talk about how intelligence should function in a time of polarization and foreign intervention in our national debates. In the news, David Kris reports that ZTE has gotten a limited life-support order from the Commerce Department. Meanwhile, Nate Jones tells us that China Mobile's application to provide telecom service to Americans is also likely to bite the dust – after nearly seven years of dithering. On Facebook, Tony Rutkowski suggests we call this the revenge of the “neocoms.” So we do. Remarkably, the European Parliament fails to live down to my expectations, showing second thoughts about self-destructive copyright maximalism. Nick Weaver thinks this outbreak of common sense may only be a temporary respite. Paul Rosenzweig confesses to unaccustomed envy of EU security hardheadedness. Turns out that Europe has been rifling through immigrants' digital data in a fashion the Trump Administration probably wouldn't dare to try. More predictably, the Israelis are digging deep into social media to combat the stabbing attacks that afflicted the country until recently. The DNC is trying to improve security, and it has trained 80% of its staff not to click on bad links. But as Nick Weaver and Paul Rosenzweig point out, that's not good enough – even though there are few institutions that can get much above the DNC's 80%. The answer? Nick says it's two-factor authentication. We join forces to nudge Firefox toward offering the same level of support for 2FA as Google Chrome. The feds are getting wise to the Dark Web, Nick tells us. They're focusing on compromising the money launderers – and then their customers. This looks like a strategy that could work for the long haul. Finally, David Kris revisits NSA's still-troubled metadata program, asking whether “the juice is worth the squeeze.” We're going to keep tweeting and posting some of the week's stories that look like candidates for the News Roundup. Please reply to or retweet those you think we should cover. Relevant feeds: @stewartbaker on Twitter, Stewart Baker on LinkedIn, and stewart.a.baker on Facebook.  Download the 225th Episode (mp3). You can subscribe to The Cyberlaw Podcast using iTunes, Pocket Casts, Google Play, or our RSS feed! As always, The Cyberlaw Podcast is open to feedback. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785. Remember: If your suggested interviewee 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 our 225th episode of The Cyberlaw Podcast, Stewart Baker interviews General Michael Hayden (@GenMhayden) regarding his new book The Assault on Intelligence: American National Security in an Age of Lies. Stewart and General Hayden are joined by Paul Rosenzweig(@RosenzweigP), David Kris (@DavidKris), Nate Jones (@n8jones81), and Nick Weaver (@ncweaver) to discuss: ZTE takes compliance steps, gets preliminary life support order from Commerce Department; and China Mobile’s application to provide telecom service to Americans is also going to bite the dust – after only seven years of dithering; remarkably, European Parliament has second thoughts about self-destructive copyright maximalism – maybe Wikipedia Italy’s blocking campaign had some effect? Is Europe leaving the US in the dust when it comes to rifling through immigrants' digital data? And: Israel claims that social media monitoring has cut down on lone-wolf attacks – the Palestinians aren’t happy; DNC tries to improve security, gets 80% of its staff not to click on bad links – what’s sad is that this really is pretty good by the standards of most institutions; Feds have developed a strategy to bust Dark Web money launderers; NSA’s mass data destruction. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

I interview Duncan Hollis, another Steptoe alumnus patrolling the intersection of international law and cybersecurity. With Matt Waxman, Duncan has written an essay on why the U.S. should make the Proliferation Security Initiative a model for international rulemaking for cybersecurity. Since “coalition of the willing” was already taken, we settle on “potluck policy” as shorthand for the proposal. To no one's surprise, Duncan and I disagree about the value of international law in the field, but we agree on the value of informal, agile, and “potluck” actions on the world stage. In support, I introduce Baker's Law of International Institutions: “The secretariat always sees the United States as its natural enemy.”  At the end, Duncan mentions in passing his work with Microsoft on international rulemaking, and I throw down on “Brad Smith's godforsaken proposal.” Brad, if you are willing to come on the podcast to defend that proposal, I've promised Duncan a highly coveted Cyberlaw Podcast mug.  California has a new privacy law, Laura Hillsman explains—though what it will look like when it finally takes effect in 2020 remains to be seen. (Laura is a Steptoe Summer Associate.) Chris Conte reports that the SEC has charged a second Equifax manager with insider trading. I ask whether he shouldn't have been charged with lousy site design too.  The White House draws a line in the sand over ZTE in a letter to the Hill—but Maury and I suspect the real message is in the lack of a veto threat. Maury thinks President Trump's “go big, then go deal” negotiating strategy is also at work in his decision only to beat up Chinese investments once rather than twice over trade tensions.  NSA's metadata program was restructured to rely on telecom companies rather than NSA's own programmers. The ideologues who insisted on the formalism of leaving the metadata with the companies rather than in NSA's computers predictably produced a private-sector meltdown. Which they'll probably blame on NSA as well. Jamil Jaffer and I discuss.  What do you know? Reality does win in the end, and Reality Winner finally got the hint (as well as a pretty good plea deal).  Nextgov reveals an unimpressive showing for the Cybersecurity Information Sharing Act's (CISA) information-sharing provisions, at least as far as sharing with the Department of Homeland Security goes. Jamil and I agree, though, that private-sector information sharing may be a better measure of CISA's value. In other news, the Intercept continues to pioneer relevance-free journalism. And trust in social media is collapsing, especially among Republicans, who (remarkably) also think tech companies need more regulation.  Finally, in an experiment we may abandon at any moment, I'm going to start tweeting and posting some of this week's stories that look like candidates for the News Roundup. Please reply to or retweet those you think we should cover. Relevant feeds: @stewartbaker on Twitter, Stewart Baker on LinkedIn, and stewart.a.baker on Facebook. Download the 224th Episode (mp3). You can subscribe to The Cyberlaw Podcast using iTunes, Pocket Casts, Google Play, or our RSS feed! As always, The Cyberlaw Podcast is open to feedback. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785. Remember: If your suggested interviewee 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 our 224th episode of The Cyberlaw Podcast, Stewart Baker interviews Duncan Hollis regarding his and Matthew Waxman’s paper, “Promoting International Cybersecurity Cooperation: Lessons from the Proliferation Security Initiative (PSI).” Stewart and Duncan are joined by Maury Shenk, Christopher Conte, Jamil Jaffer (@jamil_n_jaffer), and Laura Hillsman to discuss: California’s new privacy law; SEC charges a second Equifax manager with insider training; White House draws a line in the sand over ZTE in statement of administration policy – but not veto threat, and the president decides only to beat up Chinese investments once; serious problems in the USA Freedom Act record system; facing reality, Reality pleads; kind of a sad showing for Cybersecurity Information Sharing Act’s information-sharing provisions; The Intercept continues to pioneer relevance-free journalism; trust in social media is collapsing, especially among Republicans, who (remarkably) also think tech companies need more regulation. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm. 

I interview David Sanger in this episode on his new book, “The Perfect Weapon – War, Sabotage, and Fear in the Cyber Age.” It is an instant history of how the last five years have transformed the cyberwar landscape as dozens of countries follow a path first broken by Stuxnet. And then, to our horror, branch out into new and highly successful ways of waging cyberwar. Mostly against us.  David depicts an Obama administration paralyzed by the Rule of Lawyers and a fear that our opponents would always have one more rung than we did on the escalation ladder. The Trump administration also takes its lumps, sometimes fairly and sometimes not. At center stage in the book is Putin's uniquely brazen and uniquely impactful use of information warfare, but the North Koreans and the Chinese also play major roles.  It is as close to frontline war reporting as cyber conflict is likely to get. Stewart Baker with David Sanger Cyberlaw news this week is dominated by a couple of Supreme Court decisions: In Carpenter the Court held 5-4 that warrants are required to collect a week of location data from cell phone companies. Michael Vatis lays out the ruling, and I complain that the Court has kicked off a generation of litigation over the issues this decision opens up but fails to address. Tune in as Michael invokes James Madison and I counter with Ben Franklin. Who knew that the founding fathers had so much to say about the third-party doctrine? Speaking of Court decisions that write checks for others to redeem, the 5-4 Wayfair decision is equally insouciant about triggering a generation of litigation about when internet companies must collect sales tax. After 50 years of waiting for Congress to decide a question that is clearly better resolved by legislation than judicial rule, the Court gave up and struck down the holding that a physical presence was required before sales tax had to be collected. Pat Derdenger explains just how much litigation he'll be involved in. To his plea that Congress step in, I repeat a line I first used 25 years ago: Why should a Republican Congress enable the collection of taxes it can't spend? North Korea may be our president's best bud these days, but it's still hacking banks and conducting cyberespionage, Matthew Heiman points out. Jim Lewis advances a Darwinian justification for letting the North Koreans keep it up. Matthew and Jim also agree that Chinese hackers are getting stealthier—probably in part because they're chiseling around the edges of their agreement not to steal commercial secrets from US firms. We also ask whether the Chinese have begun releasing data from their OPM hack to criminal actors. David Sanger thinks not. Our lack of a coherent cyberwar strategy is becoming apparent not just to adversaries but also to Congress, which is in the process of mandating a new commission on cyberwar strategy. Whether calling it Project Solarium, a hallowed name in defense thinking, will make the commission more successful remains to be seen. The Administration is struggling to come up with privacy principles that can compete with GDPR. Matthew and I predict that it won't succeed. One last note: David Sanger is on a book tour—if you're in the Washington, D.C. area, he will be hosting a talk and book signing at Politics & Prose on Thursday, June 28, at 7pm. Download the 223rd Episode (mp3). You can subscribe to The Cyberlaw Podcast using iTunes, Pocket Casts, Google Play, or our RSS feed! As always, The Cyberlaw Podcast is open to feedback. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785. Remember: If your suggested interviewee 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 our 223rd episode of The Cyberlaw Podcast, Stewart Baker interviews David Sanger (@SangerNYT) regarding his new book, The Perfect Weapon: War, Sabotage, and Fear in the Cyber Age. Stewart and David are joined by Pat Derdenger, Michael Vatis, Matthew Heiman, and Jim Lewis to discuss: Carpenter: What the future holds. Private sector Carpenter-ish steps. Wayfair: What the future holds. North Korea is hacking banks in Latin America. Cyber attacks during Trump-Kim summit. Joshua Schulte leaks his startlingly pedestrian jail diaries. Chinese hackers getting stealthier? Project Solarium proposal in NDAA. Are the Chinese releasing OPM hack data? More karma for Southern Poverty Law Center? Algeria shuts down Internet completely to stop student cheating. Administration struggling with privacy principles to compete with GDPR. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 222nd episode of The Cyberlaw Podcast, Stewart Baker interviews Megan Stifel (@MeganStifel) regarding her white paper for Public Knowledge. Stewart and Megan are joined by Brian Egan and Gus Hurwitz (@gushurwitz) to discuss: ZTE, staggered but not dead, spurs White House-Congress fight over National Defense Authorization Act (NDAA) language, which might not actually do what was intended (see also Commerce’s denial order for ZTE). The AT&T-Time Warner merge. A Committee on Foreign Investment in the United States (CFIUS) reform bill is on the NDAA and bound for passage: what it does. The long withdrawing roar: Kaspersky, condemned by the European Union (EU), pulls out of EU projects. Chinese hackers are back to stealing competitive secrets. EU content filtering payoff to Big Copyright tells us where the regulated Internet is going – just ask Spanish soccer fans about surveillance. US sanctions cybersecurity companies with Silicon Valley footprints for helping the Russian FSB do its hacking. New privacy paper pantses privacy ideology. Apple’s new USB restricted mode … looks like it’s defeated already? Reader mail: Sigh. (Stewart’s losing the war against sigh près.) The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 221st episode of The Cyberlaw Podcast, Stewart Baker, Nicholas Weaver (@ncweaver), David Kris (@DavidKris), and Nate Jones (@n8jones81) discuss: LabMD decision from the 11th Circuit overturns decades of FTC acquisition of legal authority through bureaucratic adverse possession; Commerce says it has a deal with ZTE. Is bipartisan opposition from Congress too late? This Week in Leaks: More ill-advised romance in the intelligence community; James Wolfe pays the price; Paul Manafort has similar problems with secure messaging; The Hansen bust: What does it say about Chinese espionage and the OPM hack? And the Mallory conviction for good measure; Speaking of China, they recently scored a cyberespionage coup.

In our 220th episode of The Cyberlaw Podcast, Stewart Baker, Maury Shenk, Gus Hurwitz (@GusHurwitz), and Megan Reiss (@MegReiss) discuss: GDPR disruptions: Some US sites just exclude Europeans; GDPR yields new Schrems lawsuits against Big Tech; But it may also boost the giants’ cloud business and close the door on adtech rivals; Wilbur Ross, having caved on GDPR, whines about it and asks for exactly the wrong kind of relief; ICANN sues Tucows for dropping PII collection – and loses, tout suite; And the ePrivacy Regulation is on deck. Kaspersky loses both its lawsuits in one blow. This week in government cybersecurity reports offering ineffectual responses to attacks the Iranians have already shown they will use: Iranians ready retaliation attack on US industrial controls; DOE/DHS offer soothing words about grid resilience in the face of cyberattack, but little real support for the emollient; Commerce and DHS release botnet response report – full of visions of the future without the guts to say how we will get there.

In our 219th episode of The Cyberlaw Podcast, Stewart Baker interviews Nick Bilton (@nickbilton), special correspondent for Vanity Fair and New York Times-bestselling author. Stewart and Nick discuss the thrilling true story of Ross Ulbricht and the Silk Road takedown in Nick’s book American Kingpin: The Epic Hunt for the Criminal Mastermind Behind the Silk Road. You can grab a paperback reprint copy of the book starting today.

In a news-only episode, we get a cook's tour of the RSA conference from attendees Paul Rosenzweig, Jim Lewis, and Stewart Baker. Top trends we saw at RSA: more nations attacking cybersecurity firms over attribution, more companies defending themselves outside their own networks ("hacking back"), and growing (if still modest) respect for the Department of Homeland Security's role in cybersecurity. Oh, and Microsoft's Digital Geneva Convention is still a mashup of profound naïveté and deep cynicism, but Microsoft's Cyber Tech Accord may do better—at least until the Federal Trade Commission gets hold of it. In other news, ZTE is going to be hammered for showing contempt for U.S. export control enforcement. But the back-splatter on U.S. suppliers will be severe as well. The United States is picking a big, big fight with China on the future of technology, and it's going to need a strategy. Xi Jinping reads the writing on the wall. Speaking of big fights, Telegram is in a doozy with Russia over its refusal to supply crypto keys to the government. It looks as though Telegram's use of Google and other domains as proxies (“domain fronting”) is making it hard for Russia to work its will without harming other internet companies. So far, it looks as though Russia is willing to bring the pain, but the ban isn't completely effective. In what may be related news, Google is engineering domain fronting out of its products. The press whining about the civil liberties implications of Google's moves triggers a classic Baker rant about how privacy zealots don't really care about security—since domain fronting is a principal method by which network security is defeated and crime facilitated. And while my rant is rolling, why not include the EU's shameful drive-by execution of the WHOIS database. I call on the Obama NTIA officials who killed off our last leverage over ICANN to apologize to Ted Cruz for the debacle. Maury lays out the remarkable parallelism between the U.S. Cloud Act and a new EU regulation on cross-border data sharing for law enforcement. Finally, or nearly so, Paul unpacks the way in which liability for the SWIFT hacks may drive cybersecurity standards for banks. And in closing, I note that China is now the clear leader in face recognition, having found a single suspect in a crowd of 60,000 concertgoers. It's the leader not because of China's technical strength, though that's impressive, but because of Silicon Valley political correctness. Remember that when law enforcement agencies end up buying Chinese tech and paying the cybersecurity price. The Cyberlaw Podcast is hiring a part-time intern for our Washington, DC offices. If you are interested, click here. As always The Cyberlaw Podcast is open to feedback. Send your questions, suggestions for interview candidates or topics to CyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785. Download the 213th Episode (mp3). Subscribe to The Cyberlaw Podcast here. We are also on iTunes, Pocket Casts, and Google Play (available for Android and Google Chrome)! The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In episode 212 of the podcast, Stewart Baker is at RSA, and Brian Egan, Maury Shenk, and Pete Jeydel of Steptoe are joined by David Kris and Nate Jones of Culper Partners LLC to cover the good, the bad and the ugly of the week that was. In U.K. cyber issues: Brian, Maury, David and Nate discuss the U.S.-U.K.-France weekend airstrikes against Syria's chemical weapons program, and reported threats of Russian “cyber retaliation” against the British. We also note the continued trends of intelligence disclosures reflected in last week's speech by the GCHQ director condemning Russia over the Skripal attack and disclosing U.K. offensive cyber operations against the Islamic State. David provides insights into the government's proposed use of a U.S. government “taint team” to conduct a privilege review of the materials seized during the FBI's raid of Michael Cohen's offices. Bottom line: (1) Warrants to seize evidence from attorneys are relatively rare but not unprecedented, (2) President Trump and Michael Cohen's requests to conduct their own screening of the materials probably won't fly, and (3) a scenario in which an independent special master oversees the review is quite possible (but has been delayed for the moment). Maury discusses the latest in the Schrems data protection litigation against Facebook: last week's unsurprising decision by the Irish high court to refer questions related to the EU Standard Contractual Clauses to the European Court of Justice. Maury explains why he remains skeptical that the EU court will invalidate the use of these clauses. Pete explains why Treasury is probably considering its (very broad) options under the International Emergency Economic Powers Act in answering President Trump's call for more restrictions on Chinese investments. And David and Nate discuss the latest in the encryption debates, including a Justice Department inspector general's report criticizing the FBI's mishandled attempts to break the encryption of the San Bernadino shooter's iPhone, and the latest in encryption-decryption litigation before the lower courts. Steptoe Partner Brian Egan (right) with Nate Jones The Cyberlaw Podcast is hiring a part-time intern for our Washington, D.C. offices. If you are interested, click here. As always The Cyberlaw Podcast is open to feedback. Send your questions, suggestions for interview candidates or topics to CyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785. Download the 212th Episode (mp3). Subscribe to The Cyberlaw Podcast here. We are also on iTunes, Pocket Casts, and Google Play (available for Android and Google Chrome)! The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In the news roundup, Nick Weaver, Ben Wittes and I talk about the mild reheating of the encryption debate, sparked not just by renewed FBI pleading but by the collapse of the left-lib claim that building in access is impossible because math. The National Academy report on encryption access has demonstrated that access is practicable, with support from a group of prominent tech experts, such as Ray Ozzie, all of whom know math. Speaking of law enforcement, it was a good week for cybercrime enforcement. Nick and I touch on two victories for the good guys, with the Carbanak mastermind busted in Spain and Yevgeny Nikulin extradited to the U.S. over Russian objections. Meanwhile, the Department of Homeland Security is moving forward on one of the more significant efforts to prevent terrorist travel across borders by using social media data effectively. The agency will be requiring social media names (but not passwords) from visa applicants, according to a proposed rule now gathering comments. Maury Shenk, Ben, Nick, and I talk about the privacy and first amendment issues implicated by the policy. We don't agree on most of those issues. But we find surprising unanimity in mocking Julian Assange for deservedly losing his internet access at the Ecuador embassy. The panel even endorses Matt Green's wicked suggestion for trolling Assange from the sidewalk outside Assange's Ecuadoran squat. We close with a quick sack dance over the prone form of Keeper Security, which has dropped its libel suit against Dan Goodin and Ars Technica, probably because it was going to lose; the defendants' coverage of Keeper's serious security problems was straight and fair. Bottom line: there are plenty of good password managers; why use one whose management sues to suppress news of its product's security holes? When that sinks in, Keeper won't just be a loser; here's hoping it will be a weeper too. Our interview with David Sanger covers the vulnerability of the US grid, the psychic income and electoral popularity that Vladimir Putin gets from crossing the West's red lines, and whether we'd be better off sparking an escalating set of cyberattacks now or later. If the last question reminds you that John Bolton will soon be the national security adviser, you're not alone. We take a few minutes off from plumbing cyberlaw to exploring just what kind of national security adviser Bolton will be. My bottom line: better than his reputation, and maybe much better.   Maury Shenk, Ben Wittes and Stewart Baker (left to right)   Steptoe partner Stewart Baker with David Sanger As always The Cyberlaw Podcast is open to feedback. Send your questions, suggestions for interview candidates or topics to CyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785. The Cyberlaw Podcast is hiring a part-time intern for our Washington, DC offices. If you are interested, visit our website at Steptoe.com/careers. Download the 210th Episode (mp3). Subscribe to The Cyberlaw Podcast here. We are also on iTunes, Pocket Casts, and Google Play (available for Android and Google Chrome)! The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

In our 204th episode of The Cyberlaw Podcast, the team bumbles forward without Stewart Baker, who is spending the week racing his offspring down mountain slopes somewhere in Utah. Brian Egan and Jamil Jaffer begin by covering a few implications of Special Counsel Robert Mueller's indictment from Friday—the legal theories of the case and what the indictment does and doesn't cover—as well as the follow-on false statement indictment against a former associate of a major law firm. In an amazing convergence of viewpoints, everyone, from Presidents Obama and Trump to Brian and Jamil—agrees that Russia appears to be winning, and the U.S. is losing, on the topic of interference with U.S. elections. At the same time, the state secretaries of state gathered in Washington last week to discuss cybersecurity and U.S. elections—coming in the face of a fairly damning report published by the Center forAmerican Progress on shortcomings in U.S. election-related cyber defenses. In light of these threats, we ponder whether a return to the old paper ballots, or even the  “mail-only” approach that is operative in a few states, is better than an electronic ballot. In other Russia-related news, Kaspersky turned to (literally) one of the oldest pages in the book—the Bill of Attainder clause in the U.S. Constitution—in suing to block the application of a provision in the NDAA that prohibits federal agencies from using Kaspersky products. Jamil posits that the case seems less frivolous than may appear at first blush, while Brian muses about the history of Bill of Attainder litigation in the United States. Finally, Jamil and Brian discuss the U.S. and U.K. decision to attribute the NotPetya attack to Russia and the continued trend in the Obama and Trump Administrations to publicly identify perpetrators of state-sponsored cyber attacks (along with the risks inherent in this approach). Notwithstanding the NotPetya attribution, as well as a recent White House report on the increased economic costs of cyberattacks and Congressional hearings on data breaches, we explain why we believe it to be unlikely that Congress will pass federal data breach/data notification legislation any time soon. As always The Cyberlaw Podcast is open to feedback.  Send your questions, suggestions for interview candidates or topics to CyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785. Download the 204th Episode (mp3). Subscribe to The Cyberlaw Podcast here.  We are also on iTunes, Pocket Casts, and Google Play (available for Android and Google Chrome)! The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

On surveillance, is Europe unfairly picking on the United States? The Snowden leaks focused outrage on the NSA, but some experts say that the European Union and privacy advocates should focus on the real offenders like Russia and China — and argue that Europe's surveillance and law enforcement agencies may have even easier access to Europeans' data than is true in the U.S. Evan is joined by Stewart Baker, a partner at Steptoe & Johnson and formerly the Assistant Secretary for Policy at the Department of Homeland Security. They discuss transatlantic data flows, what the EU has in common with North Korea, and Stewart's proposed Europocrisy prize.

This CSIS podcast series, funded by FireEye, interviews cybersecurity experts from different sectors to explore the effectiveness of cyber red lines and the different roles the government and private sectors have in cybersecurity policy. Stewart A. Baker is a partner in the Washington office of Steptoe & Johnson LLP. Previously he was the first Homeland Security Assistant Secretary for Policy for President George W. Bush from 2005-2009. He previously served as the NSA General Counsel from 1992-1994.

At the IAPP's Data Protection Congress in Brussels, Dec. 12, Omer Tene hosted a panel discussion featuring former NSA general counsel Stewart Baker, Tor's Jacob Appelbaum, Vodafone CPO Stephen Deadman, and security and privacy advisor to Jan Albrecht Ralf Bendrath.

Stewart Baker is a partner in the Washington law firm of Steptoe & Johnson. From 2005 to 2009, he was assistant secretary for policy at the U.S. Department of Homeland Security. Prior to that, he served as general counsel to the Silverman-Robb Commission, investigating the failures of U.S. intelligence on Iraqi WMD. From 1992 to 1994, he was general counsel of the National Security Agency. Mr. Baker is the author of the second annual McAfee report on critical infrastructure “In the Dark: Crucial Industries Confront Cyberattacks." He will discuss the main findings of the report in this podcast.