Okay, yes, I promised to take a hiatus after episode 500. Yet here it is a week later, and I'm releasing episode 501. Here's my excuse. I read and liked Dmitri Alperovitch's book, "World on the B...
https://sites.libsyn.com/52286/world-on-the-brink-with-dmitri-alperovitch
> There’s a whiff of Auld Lang Syne about episode 500 of the > Cyberlaw Podcast, since after this it will be going on hiatus for > some time and maybe forever. (Ok...
https://sites.libsyn.com/52286/whos-the-bigger-cybersecurity-risk-microsoft-or-open-source
This episode is notable not just for cyberlaw commentary, but for its imminent disappearance from these pages and from podcast playlists everywhere. Having promised to take stock of the podcast...
https://sites.libsyn.com/52286/taking-ai-existential-risk-seriously
The Biden administration has been aggressively pursuing antitrust cases against Silicon Valley giants like Amazon, Google, and Facebook. This week it was Apple’s turn. The Justice Department (j...
https://sites.libsyn.com/52286/the-fourth-antitrust-shoe-drops-on-apple-this-time
The Supreme Court is getting a heavy serving of first amendment social media cases. Gus Hurwitz covers two that made the news last week. In the first , Justice Barrett spoke for a unanimous court...
https://sites.libsyn.com/52286/social-speech-and-the-supreme-court
This bonus episode of the Cyberlaw Podcast focuses on the national security implications of sensitive personal information. Sales of personal data have been largely unregulated as the growth of a...
https://sites.libsyn.com/52286/preventing-sales-of-personal-data-to-adversary-nations
Kemba Walden and Stewart revisit the National Cybersecurity Strategy a year later. Sultan Meghji examines the ransomware attack on Change Healthcare and its consequences. Brandon Pugh reminds us ...
https://sites.libsyn.com/52286/the-national-cybersecurity-strategy-how-does-it-look-after-a-year
The United States is in the process of rolling out a sweeping regulation for personal data transfers. But the rulemaking is getting limited attention because it targets transfers to our rivals i...
https://sites.libsyn.com/52286/regulating-personal-data-for-national-security
We begin this episode with Paul Rosenzweig describing major progress in teaching AI models to do text-to-speech conversions. Amazon flagged its new model as having “emergent” capabilities i...
https://sites.libsyn.com/52286/are-ai-models-learning-to-generalize
On the latest episode of The Cyberlaw Podcast, guest host Brian Fleming, along with panelists Jane Bambauer, Gus Hurwitz, and Nate Jones, discuss the latest U.S. government efforts to protect ...
https://sites.libsyn.com/52286/death-taxes-and-data-regulation
It was a week of serious cybersecurity incidents paired with unimpressive responses. As Melanie Teplinsky reminds us, the U.S. government has been agitated for months about China’s apparent st...
https://sites.libsyn.com/52286/serious-threats-unserious-responses
It was a big week for deep fakes generated by artificial intelligence. Sultan Meghji, who’s got a new AI startup, walked us through three stories that illustrate the ways AI will lead to more ...
The Supreme Court heard argument last week in two cases seeking to overturn the Chevron doctrine that defers to administrative agencies in interpreting the statutes that they administer. The cas...
https://sites.libsyn.com/52286/high-court-high-stakes-for-cybersecurity
Returning from winter break, this episode of the Cyberlaw Podcast covers a lot of ground. The story I think we’ll hear the most about in 2024 is the remarkable exploit used to compromise severa...
It’s the last and probably longest Cyberlaw Podcast episode of 2023. To lead off, Megan Stifel takes us through a batch of stories about ways that AI, and especially AI trust and safety, manag...
https://sites.libsyn.com/52286/do-ai-trust-and-safety-measures-deserve-to-fail
In this episode, Paul Stephan lays out the reasoning behind U.S. District Judge Donald W. Molloy’s decision enjoining Montana’s ban on TikTok. There are some plausible reasons for such an i...
https://sites.libsyn.com/52286/making-the-rubble-bounce-in-montana
The OpenAI corporate drama came to a sudden end last week. So sudden, in fact, that the pundits never quite figured out What It All Means. Jim Dempsey and Michael Nelson take us through some of...
Paul Rosenzweig brings us up to date on the debate over renewing section 702, highlighting the introduction of the first credible “renew and reform” measure by the House Intelligence Commit...
That, at least, is what I hear from my VC friends in Silicon Valley. And they wouldn’t get an argument this week from EU negotiators facing what looks like a third rewrite of the much-too -ear...
In a law-packed Cyberlaw Podcast episode, Chris Conte walks us through the long, detailed, and justifiably controversial SEC enforcement action against SolarWinds and its top infosec officer, T...
I take advantage of Scott Shapiro’s participation in this episode of the Cyberlaw Podcast to interview him about his book, Fancy Bear Goes Phishing – The Dark History of the Information Age,...
This episode of the Cyberlaw Podcast begins with the administration’s aggressive new rules on chip exports to China. Practically every aspect of the rules announced just eight months ago was ...
https://sites.libsyn.com/52286/administration-fails-forward-on-china-chip-exports
This episode of the Cyberlaw Podcast delves into a False Claims Act lawsuit against Penn State University by a former CIO to one of its research units . The lawsuit alleges that Penn State faked...
https://sites.libsyn.com/52286/will-cisos-have-to-choose-between-getting-rich-or-going-to-jail
The debate over section 702 of FISA is heating up as the end-of-year deadline for reauthorization draws near. The debate can now draw upon a report from the Privacy and Civil Liberties Oversight...
Today’s episode of the Cyberlaw Podcast begins as it must with Saturday’s appalling Hamas attack on Israeli civilians. I ask Adam Hickey and Paul Rosenzweig to comment on the attack and wha...
The Supreme Court has granted certiorari to review two big state laws trying to impose limits on social media censorship (or “curation,” if you prefer) of platform content. Paul Stephan and...
https://sites.libsyn.com/52286/is-silencing-a-few-million-americans-protected-speech
Our headline story for this episode of the Cyberlaw Podcast is the U.K.’s sweeping new Online Safety Act , which regulates social media in a host of ways. Mark MacCarthy spells some of them ou...
That’s the question I have after the latest episode of the Cyberlaw Podcast. Jeffery Atik lays out the government’s best case: that it artificially bolstered its dominance in search by payi...
https://sites.libsyn.com/52286/is-the-governments-antitrust-case-against-google-already-in-trouble
All the handwringing over AI replacing white collar jobs came to an end this week for cybersecurity experts. As Scott Shapiro explains, we’ve known almost from the start that AI models are vul...
The Cyberlaw Podcast is back from August hiatus, and the theme of the episode seems to be the way other countries are using the global success of U.S. technology to impose their priorities on the...
In our last episode before the August break, the Cyberlaw Podcast drills down on the AI industry leaders’ trip to Washington , where they dutifully signed up to what Gus Hurwitz calls “a bag...
https://sites.libsyn.com/52286/ai-leaders-bring-washington-a-bag-of-promises
This episode of the Cyberlaw Podcast kicks off with a stinging defeat for the Federal Trade Commission (FTC), which could not persuade the courts to suspend the Microsoft-Activision Blizzard acq...
https://sites.libsyn.com/52286/the-ftc-doubles-down-down-down
It’s surely fitting that a decision released on July 4 would set off fireworks on the Cyberlaw Podcast. The source of the drama was U.S. District Court Judge Terry Doughty’s injunction prohi...
https://sites.libsyn.com/52286/district-judges-injunction-sets-off-fireworks
Geopolitics has always played a role in prosecuting hackers. But it’s getting a lot more complicated, as Kurt Sanger reports. Responding to a U.S. request, a Russian cybersecurity executive ha...
https://sites.libsyn.com/52286/the-geopolitics-of-extraditing-hackers
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’...
https://sites.libsyn.com/52286/stewart-baker-and-max-schrems-debate-the-privacy-framework
Sen. Schumer (D-N.Y.) has announced an ambitious plan to produce a bipartisan AI regulation program in a matter of months. Jordan Schneider admires the project; I’m more skeptical. The rest o...
https://sites.libsyn.com/52286/sen-schumer-tackles-ai-regulation
Senator Ron Wyden (D-Ore.) is to moral panics over privacy what Andreessen Horowitz is to cryptocurrency startups. He’s constantly trying to blow life into them, hoping to justify new restricti...
https://sites.libsyn.com/52286/yet-another-synthetic-moral-panic-over-privacy
It was a disastrous week for cryptocurrency in the United States, as the Securities Exchange Commission (SEC) filed suit against the two biggest exchanges , Binance and Coinbase, on a theory that...
This episode of the Cyberlaw Podcast kicks off with a spirited debate over AI regulation. Mark MacCarthy dismisses AI researchers’ recent call for attention to the existential risks posed by...
In this bonus episode of the Cyberlaw Podcast, I interview Jimmy Wales , the cofounder of Wikipedia. Wikipedia is a rare survivor from the Internet Hippie Age, coexisting like a great herbivorou...
https://sites.libsyn.com/52286/the-cyberlaw-podcast-interviewing-jimmy-wales-cofounder-of-wikipedia
This episode of the Cyberlaw Podcast features the second half of my interview with Paul Stephan, author of The World Crisis and International Law . But it begins the way many recent episodes ha...
https://sites.libsyn.com/52286/when-ai-poses-an-existential-risk-to-your-law-license
This episode features part 1 of our two-part interview with Paul Stephan, author of The World Crisis and International Law —a deeper and more entertaining read than the title suggests. Paul la...
https://sites.libsyn.com/52286/sam-altman-fried-comes-to-washington
Maury Shenk opens this episode with an exploration of three efforts to overcome notable gaps in the performance of large language AI models. OpenAI has developed a tool meant to address the mod...
The “godfather of AI” has left Google, offering warnings about the existential risks for humanity of the technology . Mark MacCarthy calls those risks a fantasy, and a debate breaks out bet...
https://sites.libsyn.com/52286/how-worried-should-we-be-about-existential-ai-risk
We open this episode of the Cyberlaw Podcast with some actual news about the debate over renewing section 702 of FISA. That’s the law that allows the government to target foreigners for a natio...
https://sites.libsyn.com/52286/does-the-government-need-a-warrant-to-warn-me-about-a-cyberattack
The latest episode of The Cyberlaw Podcast was not created by chatbots (we swear!). Guest host Brian Fleming, along with guests Jay Healey , Maury Shenk , and Nick Weaver , discuss the latest new...
https://sites.libsyn.com/52286/its-the-data-not-the-model-stupid
Every government on the planet announced last week an ambition to regulate artificial intelligence. Nate Jones and Jamil Jaffer take us through the announcements. What’s particularly discour...
https://sites.libsyn.com/52286/the-international-regulatory-dogpile
We do a long take on some of the AI safety reports that have been issued in recent weeks. Jeffery Atik first takes us through the basics of attention based AI , and then into reports from OpenAI...
Dmitri Alperovitch joins the Cyberlaw Podcast to discuss the state of semiconductor decoupling between China and the West. It’s a broad movement, fed by both sides. China has announced that i...
The Capitol Hill hearings featuring TikTok’s CEO lead off episode 450 of the Cyberlaw Podcast. The CEO handled the endless stream of Congressional accusations and suspicion about as well as co...
GPT-4’s rapid and tangible improvement over ChatGPT has more or less guaranteed that it or a competitor will be built into most new and legacy information and technology (IT) products. Some ap...
This episode of the Cyberlaw Podcast kicks off with the sudden emergence of a serious bipartisan effort to impose new national security regulations on what companies can be part of the U.S. Infor...
https://sites.libsyn.com/52286/more-national-security-economic-regulation-on-congresss-docket
As promised, the Cyberlaw Podcast devoted half of this episode to an autopsy of Gonzalez v. Google LLC , the Supreme Court’s first opportunity in a quarter century to construe section 230 of ...
https://sites.libsyn.com/52286/a-group-autopsy-of-the-supreme-courts-section-230-oral-argument
This episode of the Cyberlaw Podcast opens with a look at some genuinely weird behavior by the Bing AI chatbot – dark fantasies, professions of love, and lies on top of lies – plus the fac...
The latest episode of The Cyberlaw Podcast gets a bit carried away with the China spy balloon saga. Guest host Brian Fleming, along with guests Gus Hurwitz , Nate Jones , and Paul Rosenzweig , sh...
https://sites.libsyn.com/52286/who-needs-hackers-when-you-have-balloons
This episode of the Cyberlaw Podcast is dominated by stories about possible cybersecurity regulation. David Kris points us first to AN ARTICLE by the leadership of the Cybersecurity and Infrast...
https://sites.libsyn.com/52286/phony-cybersecurity-regulation
The big cyberlaw story of the week is the Justice Department’s antitrust lawsuit against Google and the many hats it wears in the online ad ecosystem. Lee Berger explains the Justice Departme...
https://sites.libsyn.com/52286/suddenly-everyone-is-gunning-for-google
We kick off a jam-packed episode of the Cyberlaw Podcast by flagging the news that ransomware revenue fell substantially in 2022. There is lots of room for error in that Chainalysis finding, NIC...
https://sites.libsyn.com/52286/the-beginning-of-the-end-for-ransomware
In this bonus episode of the Cyberlaw Podcast, I interview Andy Greenberg, long-time WIRED reporter, about his new book, “Tracers in the Dark: The Global Hunt for the Crime Lords of Cryptocurr...
https://sites.libsyn.com/52286/tracers-in-the-dark-by-andy-greenberg
The Cyberlaw Podcast kicks off 2023 by staring directly into the sun(set) of Section 702 authorization. The entire panel, including guest host Brian Fleming and guests Michael Ellis and David...
https://sites.libsyn.com/52286/the-sun-also-sets-on-section-702
Our first episode for 2023 features Dmitri Alperovitch, Paul Rosenzweig, and Jim Dempsey trying to cover a months’ worth of cyberlaw news. Dmitri and I open with an effort to summarize the st...
https://sites.libsyn.com/52286/a-dispatch-from-the-great-tech-battlefront
This bonus episode is an interview with Josephine Wolff and Dan Schwarcz , who along with Daniel Woods have written an article with the same title as this post . Their thesis is that breach law...
https://sites.libsyn.com/52286/bonus-episode-how-privilege-undermines-cybersecurity
It’s been a news-heavy week, but we have the most fun in this episode with ChatGPT. Jane Bambauer , Richard Stiennon, and I pick over the astonishing number of use cases and misuse cases discl...
This episode of the Cyberlaw Podcast delves into the use of location technology in two big events—the surprisingly outspoken lockdown protests in China and the Jan. 6 riot at the U.S. Capitol...
We spend much of this episode of the Cyberlaw Podcast talking about toxified technology – new tech that is being demonized for a variety of reasons. Exhibit One, of course, is “spyware,” e...
The Cyberlaw Podcast leads with the legal cost of Elon Musk’s anti-authoritarian takeover of Twitter. Turns out that authority figures have a lot of weapons, many grounded in law, and Twitter ...
https://sites.libsyn.com/52286/the-empire-strikes-back-at-twitter
We open this episode of the Cyberlaw Podcast by considering the (still evolving) results of the 2022 midterm election. Adam Klein and I trade thoughts on what Congress will do. Adam sees two ye...
https://sites.libsyn.com/52286/election-aftershocks-for-cyberlaw
The war that began with the Russian invasion of Ukraine grinds on. Cybersecurity experts have spent much of 2022 trying to draw lessons about cyberwar strategies from the conflict. Dmitri Alpe...
You heard it on the Cyberlaw Podcast first, as we mash up the week’s top stories: Nate Jones commenting on Elon Musk’s expected troubles running Twitter at a profit and Jordan Schneider n...
This episode features Nick Weaver , Dave Aitel and I covering a Pro Publica story (and forthcoming book ) on the difficulties the FBI has encountered in becoming the nation’s principal resour...
https://sites.libsyn.com/52286/is-the-fbi-lost-in-cyberspace
David Kris opens this episode of the Cyberlaw Podcast by laying out some of the massive disruption that the Biden Administration has kicked off in China’s semiconductor industry—and its Wes...
It’s been a jam-packed week of cyberlaw news, but the big debate of the episode is triggered by the White House blueprint for an AI Bill of Rights . I’ve just released a long post about the ...
We open today’s episode by teasing the Supreme Court’s decision to review whether section 230 protects big platforms from liability for materially assisting terror groups whose speech they d...
https://sites.libsyn.com/52286/big-techs-chickens-coming-home-to-roost
This episode features a much deeper, and more diverse, examination of the Fifth Circuit decision upholding Texas’s social media law. We devote the last half of the episode to a structured dial...
https://sites.libsyn.com/52286/president-desantiss-first-supreme-court-nominee
The big news of the week was a Fifth Circuit decision upholding Texas social media regulation law. It was poorly received by the usual supporters of social media censorship but I found it both r...
This is our return-from-hiatus episode. Jordan Schneider kicks things off by recapping passage of a major U.S. semiconductor-building subsidy bill, while new contributor Brian Fleming talks wit...
https://sites.libsyn.com/52286/the-cyberlaw-podcast-all-the-cyberlaw-you-missed-in-august
Just when you thought you had a month free of the Cyberlaw Podcast, it turns out that we are persisting, at least a little. This month we offer a bonus episode, in which Dave Aitel and I intervi...
As Congress barrels toward an election that could see at least one house change hands, efforts to squeeze big bills into law are mounting. The one with the best chance (and better than I expecte...
https://sites.libsyn.com/52286/dusty-old-industrial-policy-gets-dusted-off
Kicking off a packed episode, the Cyberlaw Podcast calls on Megan Stifel to cover the first Cyber Safety Review Board (CSRB) Report. The CSRB does exactly what those of us who supported the ide...
https://sites.libsyn.com/52286/cybersecuritys-first-crash-report
Dave Aitel introduces a deliciously shocking story about lawyers as victims and—maybe—co-conspirators in the hacking of adversaries’ counsel to win legal disputes. The trick, it turns out...
https://sites.libsyn.com/52286/the-first-thing-we-do-lets-hack-all-the-lawyers
This podcast is a weekly feature offering up the commentary and opinions on the latest events in technology, security, privacy, and government. Please note: the views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.
It’s that time again on the Congressional calendar. All the big, bipartisan tech initiatives that looked so good a few months ago are beginning to compete for time on the floor like fat men des...
This episode of the Cyberlaw Podcast begins by digging into a bill more likely to transform tech regulation than most of the proposals you’ve actually heard of—a bipartisan effort to repeat U...
This bonus episode of the Cyberlaw Podcast is an interview with Amy Gajda, author of “Seek and Hide: The Tangled History of the Right to Privacy .” Her book is an accessible history of the o...
https://sites.libsyn.com/52286/privacy-and-the-press-interviewing-amy-gajda
Francisco last week at the Rivest-Shamir-Adleman (RSA) conference. We summarize what they said and offer our views of why they said it. Bobby Chesney, returning to the podcast after a long ...
https://sites.libsyn.com/52286/we-go-to-rsa-so-you-dont-have-to
If you’ve been worrying about how a leaky U.S. government can possibly compete with China’s combination of economic might and autocratic government, this episode of the Cyberlaw Podcast has a...
https://sites.libsyn.com/52286/game-play-trumps-chinese-national-security
At least that’s the lesson that Paul Rosenzweig and I distill from the recent 11th Circuit decision mostly striking down Florida’s law regulating social media platforms’ content “modera...
https://sites.libsyn.com/52286/silicon-valley-speech-suppression-is-going-to-the-supreme-court
This week’s Cyberlaw Podcast covers efforts to pull the Supreme Court into litigation over the Texas law treating social media platforms like common carriers and prohibiting them from discri...
https://sites.libsyn.com/52286/but-was-the-sex-viewpoint-neutral
Is the European Union (EU) about to rescue the FBI from Going Dark? Jamil Jaffer and Nate Jones tell us that a new directive aimed at preventing child sex abus e might just do the trick, a posi...
https://sites.libsyn.com/52286/an-end-to-end-to-end-encryption
Retraction: An earlier episode of the Cyberlaw Podcast may have left the impression that I think Google hates mothers. I regret the error. It appears that, in reality, Google only hates Republic...
Whatever else the pundits are saying about the use of cyberattacks in the Ukraine war, Dave Aitel notes, they all believe it confirms their past predictions about cyberwar. Not much has been sur...
https://sites.libsyn.com/52286/confirmation-bias-meets-ukraine-war-and-elon-musk
The theme of this episode of the Cyberlaw Podcast is, “Be careful what you wish for.“ Techlash regulation is burgeoning around the world. Mark MacCarthy takes us through a week’s worth ...
https://sites.libsyn.com/52286/rupert-murdochizing-the-internet
Spurred by a Cyberspace Solarium op-ed , Nate Jones gives an overview of cybersecurity worries in the maritime sector, where there is plenty to worry about. I critique the U.S. government’s D...
https://sites.libsyn.com/52286/all-at-sea-maritime-cybersecurity
With the U.S. and Europe united in opposing Russia’s attack on Ukraine, a few tough transatlantic disputes are being swept away—or at least under the rug. Most prominently, the data protecti...
https://sites.libsyn.com/52286/transatlantic-privacy-threepeat
A special reminder that we will be doing episode 400 live on video and with audience participation on March 28, 2022 at noon Eastern daylight time. So, mark your calendar and when the time comes,...
A special reminder that we will be doing episode 400 live on video and with audience participation on March 28, 2022 at noon Eastern daylight time. So mark your calendar and when the time comes, ...
https://sites.libsyn.com/52286/scarlett-johannsson-appears-on-the-cyberlaw-podcast
Much of this episode is devoted to new digital curtain falling across Europe. Gus Horwitz and Mark-MacCarthy review the tech boycott that has seen companies like Apple, Samsung, Microsoft and ...
https://sites.libsyn.com/52286/a-digital-curtain-descends-across-europe
Much of this episode is devoted to how modern networks and media are influencing what has become a major shooting war between Russia and Ukraine. Dmitri Alperovitch gives a sweeping overview. Uk...
https://sites.libsyn.com/52286/waging-war-in-a-networked-age
Troops and sanctions and accusations are coming thick and fast in Ukraine as we record the podcast. Michael Ellis draws on his past experience at the National Security Council (NSC) to guess ho...
The Cyberlaw Podcast has decided to take a leaf from the (alleged) Bitcoin Bandits’ embrace of cringe rap . No more apologies. We’re proud to have been cringe-casting for the last six years. ...