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Stewart Baker
Former government official now practicing law
Recent Activity
Our guest for episode 90 is Charlie Savage, New York Times reporter, talking about Power Wars, his monumental new book on the law and politics of terrorism in the Obama (and Bush) administrations. I pronounce it superb, deeply informative, and fairly unbiased, “for a New York Times reporter.” With that, the fat is in the fire, and Charlie and I trade views – and occasional barbs – about how the Bush and Obama administrations handled the surveillance issues that arose after 9/11. In the news roundup, Michael Vatis and I puzzle over the FTC’s astonishing loss on its own home court. We wonder why the FTC failed to do the right thing and drop the LabMD case when the FTC’s source began to lose credibility by the shovel-load. I suggest that FTC leadership was suffering from the rarely spotted “Darrel Issa Derangement Syndrome.” Jason Weinstein deconstructs the claim that the European Union is “cracking down” on bitcoin in response to the attacks in Paris. Stepping out of character, I defend the value of diplomatic “words on paper,” finding promise in the G20’s announcement that all twenty members join in condemning cyberespionage for commercial purposes. Michael recaps the latest in litigation... Continue reading
Posted 6 hours ago at Skating on Stilts
The U.S.-China Economic and Security Review Commission has finished its nearly 600-page annual report to Congress for 2015. The Commission's report is, as usual, a thoughtful and detailed assessment of the US-China economic relationship. So it's no surprise that the Commission addresses the problem of commercial cyberespionage. More surprising -- and satisfying -- is the Commission's interest in allowing US companies to "hack back" against Chinese intrusions. This is an approach I've long believed should be on the table, though with limitations. The Commission comes to the same posture, notably avoiding the stiff-necked cant displayed by the Department of Justice when the idea comes up. The Commission recommends that Congress assess the coverage of U.S. law to determine whether U.S.-based companies that have been hacked should be allowed to engage in counterintrusions for the purpose of recovering, erasing, or altering stolen data in offending computer networks. In addition, Congress should study the feasibility of a foreign intelligence cyber court to hear evidence from U.S. victims of cyber attacks and decide whether the U.S. government might undertake counterintrusions on a victim’s behalf. The first idea is now fairly widespread in policy circles. The second not so much. There are plenty of... Continue reading
Posted 2 days ago at Skating on Stilts
The NSA metadata program that is set to expire in two weeks was designed to provide early warning of a terror attack planned in a foreign safe haven and carried out inside the United States. Those are some of the most deadly terror attacks we’ve seen, from 9/11 to Mumbai. And now Paris. So should the United States be terminating the 215 program just as the Paris attacks show why it was created? That’s the question I ask in Episode 89 of the podcast as we watch the DC circuit cut short Judge Leon’s undignified race to give the program one last kick before it’s terminated. Our guest for the podcast is Mark Shuttleworth, founder of Thawte and Canonical/Ubuntu. He makes it clear from the start that he could hardly disagree with me less on issues such as encryption and intelligence collection. But we nonetheless get a great tour of the technology horizon. Mark is helping to build the future of computing, from the internet of things to mobile phones, the desktop, and the cloud. We explore what that means for privacy and security; we even touch on artificial intelligence and just how suddenly its risks will be upon us.... Continue reading
Posted 6 days ago at Skating on Stilts
I offered a modest proposal today for dealing with Europe's refugee problem and its Daesh problem in today's New York Times "Room for Debate" page. Here's the heart of it: A German parliamentarian is talking about conscripting military-age Germans to provide the services that displaced Syrians need. Maybe instead, Europeans should be conscripting military-age Syrian refugees, training them, and sending them back to fight for their own country. (According to the United Nations, in this wave of migrants, the men outnumber the women by nearly five to one.) Why shouldn’t those men be asked to help create the refuge that they and their families need -- in Syria, where they need it most. Such a measure would not just help to solve the problem at its source. It would separate true refugees from those who are simply hoping to dodge the Syrian draft or find a more prosperous place to work. And it has a proud history in the West, as the Polish pilots who fought the Battle of Britain could attest, along with theFrench, Belgian and Dutch soldiers who fought the Nazis across Normandy to build a true refuge in their own countries. Some may object that drafting combatants... Continue reading
Posted Nov 16, 2015 at Skating on Stilts
Where the hell are the FTC, Silicon Valley, and CDT when human rights and privacy are on the line? If the United States announced that it had been installing malware on 2% of all the laptops that crossed US borders, the lawsuits would be flying thick and fast, and every company in Silicon Valley would be rolling out technical measures to defeat the intrusion. But when China injects malware into 2% of all the computers whose queries cross into Chinese territory, no one says boo. Not the US government, not CDT or EFF, and not the big browser companies. That’s the lesson I draw from episode 88 of the podcast, featuring an in-depth discussion of China’s Great Cannon with Adam Kozy and Johannes Gilger of Crowdstrike. They expand on their 2015 Blackhat talk about China’s deployment of Great Firewall infrastructure to hijack American and Taiwanese computers and use them in a DDOS attack against Github. China’s first internet email, in 1987, said “Across the Great Wall we can reach every corner of the world.” And boy, did they mean it. The question now is what the other corners of the world are going to do about it. In other news,... Continue reading
Posted Nov 11, 2015 at Skating on Stilts
The TransPacific Partnership trade agreement has been released, and it goes way beyond resolving a few trade and tariff disputes. US and other trade negotiators leaped into a host of policy and legal matters, including the fight over when governments can demand access to encryption keys. The outcome to the crypto wars is one that no one would have expected: Jim Comey loses. NSA director Mike Rogers loses. But SEC chairman Mary Schapiro Jo White wins. In an annex to a chapter on Technical Barriers to Trade, the trade deal specifies that no government may require any company to provide cryptographic keys to its products. The only exceptions are for products or networks that actually belong to the government and for "supervisory, investigatory or examination [measures] relating to financial institutions or markets." So the trade negotiators have spoken. No point in any more debate. The FBI and NSA are out in the cold, but the chairman of the Securities and Exchange Commission can require companies to cough up their encryption keys. UPDATE: Corrected SEC chair's name. My fault for reading this Google search too quickly. Continue reading
Posted Nov 7, 2015 at Skating on Stilts
Here's one more surprise in the newly released TPP. It could have a big impact on cybersecurity. That's because the deal prohibits nations from asking mass market software companies for access to their source code. See TPP article 14.17. The ban doesn't apply to code run on critical infrastructure, which will make for endless disputes, since there's very little mass market software that doesn't run on computers involved in critical infrastructure. Right now, this is a measure US software companies want. That's because we make most of the mass market software in the market. But that's likely to change, especially given the ease of entry into smart phone app markets. We're going to want protection against the introduction of malware into such software. The question of source code inspection is a tough one. If other countries can inspect US source code, they'll find it easier to spot security flaws, so the US government would like to keep other countries from doing that. But I doubt US security agencies are comfortable letting Vietnam write apps that end up on the phones of their employees without the ability to inspect the source. In short, this is a tough policy call that is... Continue reading
Posted Nov 7, 2015 at Skating on Stilts
Now that both the House and Senate have passed information sharing bills that are strikingly similar but not identical, the prospects for a change in the law are good. But what changes, and how much difference will they make to network defenders? That’s the topic we explore in episode 87 with our guest, Ari Schwartz. Ari has just finished a tour as senior director for cybersecurity on the United States National Security Council Staff at the White House. He and I and Alan Cohn go deep into the weeds so you won’t have to. Our conclusion? The main value of the bill is that it frees some companies from aging privacy rules that prevented information sharing with groups that include the government. It also enables companies to monitor their networks without fear of liability under even older privacy laws preventing interception of communications without all parties’ consent. The other lesson to be drawn from the bill is that privacy groups are still something of a paper tiger without business support. More than seventy senators voted for CISAover the bleeding bodies of every privacy group in the country. In other news, Maury Shenk and I unpack the latest claim that the... Continue reading
Posted Nov 4, 2015 at Skating on Stilts
Are Russian hacker-spies a bunch of lethargic government drones more interested in smash-and-grabs than stealth? That’s one of the questions we pose to Mikko Hypponen in episode 86 of the podcast (right after we ask about how to pronounce his name; turns out, that’s harder than you think). Mikko is the Chief Research Officer at F-Secure and a long-time expert in computer security who has spoken and consulted around the world for over 20 years. His company recently published a lengthy paper on Russian government cyberspies, which F-Secure calls “the Dukes.” Mikko describes the Dukes’ targets and tactics, including a remarkably indiscriminate attack on a Tor exit node. I press him on whether attribution is really getting better. Mikko also joins us for the news roundup, where we do a damage assessment from the ECJ’s Safe Harbor demolition and I critique Brad Smith’s implausible solution to the transatlantic data rift. We explain why Israel has decided to cut off data transfers to the U.S. (hint: it’s not concerns about aggressive counterterror surveillance) . And I wonder whether the House of Representatives passage of the Judicial Redress Act makes Jim Sensenbrenner the abused spouse of the European Commission (“I was going... Continue reading
Posted Oct 29, 2015 at Skating on Stilts
Want to see cyber attribution and deterrence in action? In August, a hacker pulled the names of US military personnel and others out of a corporate network and passed them to ISIL. British jihadist Junaid Hussain exulted when ISIL released the names. “They have us on their ‘hit list,’ and we have them on ours too…,” he tweeted. On the whole, I’d rather be on theirs. Two weeks after his tweet, Hussain was killed in a US airstrike, and two months after that, the hacker who obtained the list was arrested in Malaysia (subscription required) on a US warrant. We explore that story and more with Gen. Michael Hayden, the only person to serve as both Director of the National Security Agency and of the Central Intelligence Agency. Gen. Hayden explains why he differs with FBI director Comey on encryption and with the European Court of Justice on whether the US sufficiently respects privacy rights, along with other topics. Our news roundup dwells again on the ECJ’s decision and the Article 29 Working Party press release on the decision, a release characterized by far more bold font than bold thinking. In other news, magistrates are revolting again, or maybe still,... Continue reading
Posted Oct 21, 2015 at Skating on Stilts
In episode 84 our guest is Jack Goldsmith, Professor at Harvard Law School, a Senior Fellow at the Hoover Institution at Stanford University, and co-founder of the Lawfare blog. Before coming to Harvard, he served as Assistant Attorney General, Office of Legal Counsel and Special Counsel to the Department of Defense. From cyberespionage to the right to be forgotten and the end of the Safe Harbor, we explore the many ways in which a globalized economy has tied the US government’s hands in cybersecurity matters – and subjected the United States to extensive extraterritorial “soft power” at the hands of Europeans. In the news roundup, the headline news is the continuing fallout from the ECJ’s attack on the Safe Harbor. Michael Vatis and Maury Shenk bring us up to date. Jason Weinstein explains why the latest convicted hacker thinks he should be a civil liberties hero/victim – and how weev has found yet another outlet for his bitterness at DOJ Michael Vatis explains DOD’s latest cybersecurity rules for contractors. We conclude that DOD is boldly going where no agency has gone before – mandating cybersecurity with traditional command and control regulation. It’s an experiment that many will be watching. And... Continue reading
Posted Oct 14, 2015 at Skating on Stilts
Bruce Schneier joins Stewart Baker and Alan Cohn for an episode of the podcast recorded live in front of an audience of security and privacy professionals. Appearing at the conference Privacy.Security.Risk. 2015., sponsored by the IAPP and the Cloud Security Alliance, Bruce Schneier talks through recent developments in law and technology. The three of us stare into the pit opened by an overwrought (and overdue and overweening) European Court of Justice advisor. If the European Court of Justice follows his lead (and what seems to be its inclinations), we could face a true crisis in transatlantic relations. VW’s decision to hack its own emissions control software leads to a deep dive into the internet of things that lie to us, the value (or not) of open source, and whether plausible deniability is the next skill that programmers will have to learn. We also talk China, the OPM hack, and the unique value and unique vulnerability of biometric authenticators. Bruce and Alan dig into the proposed export control rules for intrusion software; when they’re done, so is the case for the rules. The right to be forgotten leads to an exploration of when we should delegate law-making to private companies. I... Continue reading
Posted Oct 2, 2015 at Skating on Stilts
Cyberlaw negotiations are the theme of episode 82, as the US and China strike a potentially significant agreement on commercial cyberespionage and Europeans focus on tearing up agreements with the US and intruding on US sovereignty. Our guest for the episode is Jim Lewis, a senior fellow and director of the Strategic Technologies Program at the Center for Strategic and International Studies. Most importantly, Jim is one of the most deeply informed and insightful commentators on China and cybersecurity. He offers new perspectives on the Obama-Xi summit and what it means for cyberespionage. Meanwhile, the news roundup is full of flamboyant European attacks on US sovereignty and US agreements with Europe. In a pending case involving Facebook, a highly influential advisor to the European Court of Justice has fired both barrels pointblank at the Safe Harbor privacy agreement with the United States. First, he concludes that any data protection authority is free to defy the primacy of Brussels and refuse to give effect to the EU’s determination that US practices under the Safe Harbor are “adequate” for data transfer purposes. Second, he concludes that US practices are not adequate because section 702 of the Foreign Intelligence Surveillance Act and other... Continue reading
Posted Sep 30, 2015 at Skating on Stilts
Our guest commentator for episode 81 is Margie Gilbert, is a network security professional with service at NSA, CIA, ODNI, Congress, and the NSC. Now at Team Cymru, she’s able to offer a career’s worth of perspective on how three Presidents have tried to remedy the country’s unpreparedness for network intrusions. In the week's news, the White House is preparing for President Xi’s visit and what could be ugly talks on cyber issues, with President Obama accusing and President Xi denying China’s role in cyberespionage. You might call it a “he said, Xi said” issue. Alan Cohn and I debate whether the US should settle for a “no first use” assurance to protect critical infrastructure in peacetime. On encryption, the White House (and Silicon Valley) are certainly raising the issue’s visibility. But they aren’t necessarily persuading anyone who isn’t already persuaded. From MI5 to the NYDFS to the new Indian government (at least briefly), dissing strong encryption is a surprisingly popular pastime. The never-ending saga of when email content can be obtained with something less than probably cause and a warrant seems to be winding down to a bizarre resolution. Agencies investigating terrorists and white collar fraud that costs consumers... Continue reading
Posted Sep 23, 2015 at Skating on Stilts
Still trying to dig out from under our hiatus backlog, we devote episode 80 to our regulars. We’ll bring back a guest next week. This week it’s a double dose of Jason Weinstein, Michael Vatis, Stewart Baker, and Congress-watcher Doug Kantor. Michael offers an analysis of the Second Circuit’s oral argument in the Microsoft lawsuit over producing data stored in Ireland. The good news: it was a hot bench, deeply engaged, that let oral argument go to triple the usual length. The bad news for Microsoft: by far the hottest member of the panel was Judge Lynch, who made no secret of his deep opposition to Microsoft’s arguments. I provide a skeptical view of the US-EU umbrella “deal” on exchange of law enforcement data and the “Judicial Redress Act” that Congress seems ready to rush through in support of the agreement. The problem? It looks as though DOJ sold out the rest of government and much of industry. Justice promised to make the one change in US law the EU wants, granting Europeans a right of action under the Privacy Act, in exchange for, well, pretty much nothing except a bit of peace of mind for DOJ. Since the EU... Continue reading
Posted Sep 16, 2015 at Skating on Stilts
Saturday We're flirting with hypothermia, and we're lost in the fog on a featureless field of snow. This isn't good. Just hours earlier, at 4 a.m. local time, my son Gordon and I landed in Iceland's Keflavik airport. The flight was a short redeye from the U.S. East Coast. We had just enough time to get to Reykjavik, drop a bag, and catch a bus for Skógar on Iceland's south coast. By noon we were on the trail. When we planned the trip, almost on the spur of the moment, we didn't really know what to expect. We had a week, and we figured that was just enough time for six days of hiking on the famous Laugavegur trail, including a southern extension that reached the sea at Skógar. The Laugavegur trail regularly appears in lists of the world's great hking trails. It cuts across great swaths of austere Icelandic scenery – mountains, glaciers, waterfalls, boiling springs, fast rivers, quiet lakes. And damn few trees. Still, it didn't look too demanding. Most of the segments were ten miles each, and a couple were 7.5. There are communal huts along the way, and a hundred hikers or more complete the trail... Continue reading
Posted Sep 14, 2015 at Skating on Stilts
The cyberlaw podcast is back from hiatus with a bang. Our guest is Peter Singer, author of Ghost Fleet, a Tom Clancy-esque thriller designed to illustrate the author’s policy and military chops. The book features a military conflict with China that uses all the weapons the United States and China are likely to deploy in the next decade. These include China’s devilishly effective sabotage of the US defense supply chain, Silicon Valley’s deployment of a letter of marque, and some spot-on predictions of the likely response of our sometime allies. Episode 79 also recaps some of the most significant cyberlaw developments of the past month. First, to no one’s surprise, the cybersecurity disaster just keeps getting worse, and the climate for victims does too: breach losses are being measured in the tens or even hundreds of millions of dollars, with a networking company losing $30 million and unlawful insider trading profits reaching $100 million. Meanwhile, the courts are less than sympathetic. The Seventh Circuit cleared the way for a breach suit against Neiman Marcus, while the FTC and the Third Circuit were kicking Wyndham around the courtroom and down the courthouse steps. We wonder what exactly Wyndham did to earn... Continue reading
Posted Sep 13, 2015 at Skating on Stilts
In an earlier post I talked about how the Chinese government has used its “Great Firewall” censorship machinery on an expanded list of targets – from its own citizens to ordinary Americans who happen to visit internet sites in China. By intercepting the ad and analytics scripts that Americans downloaded from Chinese sites, the Chinese government was able to infect the Americans’ machines with malware. Then the government used that malware to create a “Great Cannon” that aimed a massive number of packets at the US company Github. The goal was to force the company to stop making news sites like the New York Times and available to Chinese citizens. The Great Cannon violated a host of US criminal laws, from computer fraud to extortion. The victims included hundreds of thousands of Americans. And to judge from a persuasive Citizen Lab report, China’s responsibility was undeniable. Yet the US government has so far done nothing about it. US inaction is thus setting a new norm for cyberspace. In the future, it means that many more Americans can expect to be attacked in their homes and offices by foreign governments who don’t like their views. The US government should be... Continue reading
Posted Aug 19, 2015 at Skating on Stilts
Over the past few years, the US government has invested heavily in trying to create international norms for cyberspace. We’ve endlessly cajoled other nations to agree on broad principles about internet freedom and how the law of war applies to cyberconflicts. Progress has been slow, especially with countries that might actually face us in a cyberwar. But the bigger problem with the US effort is simple: Real international law is not made by talking. It’s made by doing. “If you want to know the law … you must look at it as a bad man,” Oliver Wendell Holmes Jr. once observed. A bad man only cares whether he’ll be punished or not. If you tell him that an act is immoral but won’t be punished, Holmes argued, you’re telling him that it’s lawful. When it comes to international law, Holmes nailed it. In dealings between nations, norms are established by what governments do. If countries punish a novel attack effectively, that builds an international norm against the attack. And if they tolerate the attack without retaliating, they are creating an international norm that permits it. By that measure, the United States has been establishing plenty of norms lately. After accusing... Continue reading
Posted Aug 16, 2015 at Skating on Stilts
In this bonus episode of the podcast, Dmitri Alperovitch, Harvey Rishikof, Stewart Baker, and Melanie Teplinsky debate whether the United States should start doing commercial espionage I know, I know, we promised that the Cyberlaw Podcast would go on hiatus for the month of August. But we also hinted that there might be a bonus episode. And here it is, a stimulating panel discussion sponsored by the Atlantic Council and moderated by Melanie Teplinsky. The topic is whether the United States should abandon its longstanding policy of refusing to steal the commercial secrets of foreigners to help American companies compete. The discussion is lively, with plenty of disagreements and an audience vote at the start and finish of the discussion to gauge how persuasive we were. Enjoy! The Cyberlaw Podcast is now open to feedback. Send your questions, suggestions for interview candidates, or topics to If you’d like to leave a message by phone, contact us at +1 202 862 5785. Download the seventy-eighth episode (mp3). Subscribe to the Cyberlaw Podcast here. We are also now on iTunes and Pocket Casts! Continue reading
Posted Aug 13, 2015 at Skating on Stilts
Our guest for episode 77 is Bruce Andrews, the deputy secretary of the Commerce Department. Alan Cohn and I pepper Bruce with questions about export controls on cybersecurity technology, stopping commercial cyberespionage, the future of the NIST cybersecurity framework, and how we can get on future cybersecurity trade missions, among other things. In the news roundup, Alan and I puzzle over the administration’s reluctance to blame China for its hacks of US agencies. The furor over cybersecurity export controls continues unabated, with a couple of hundred hostile comments filed and Congress beginning to stir. Alan Cohn fills us in. The UK high court ruling on data retention makes history but maybe only the most evanescent of law. Alan and I discuss whether the ruling will resemble Marbury v. Madison in more ways than one. France finalizes expansion of surveillance. Bush administration figures come out against back doors. Cyberweek begins and, the cyber left hopes, ends without progress on CISA. This Week in Prurient Cybersecurity: The first Ashley Madison subscriber is outed. And he’s Canadian. Looks like the nights really are longer up there. Ottawa apparently leads the world in percentage of would-be adulterers, followed by Washington, DC. No further comment... Continue reading
Posted Jul 28, 2015 at Skating on Stilts
When industry opposes a new regulation, it can offer many arguments for its position. Here are three. Which one is real? “We share EPA's commitment to ending pollution,” said a group of utility executives. “But before the government makes us stop burning coal, it needs to put forward detailed plans for a power plant that is better for the environment and just as cheap as today's plants. We don't think it can be done, but we're happy to consider the government's design – if it can come up with one.” “We take no issue here with law enforcement’s desire to execute lawful surveillance orders when they meet the requirements of human rights and the rule of law,” said a group of private sector encryption experts, “Our strong recommendation is that anyone proposing regulations should first present concrete technical requirements, which industry, academics, and the public can analyze for technical weaknesses and for hidden costs.” “Building an airbag that doesn't explode on occasion is practically impossible,” declared a panel of safety researchers who work for industry. “We have no quarrel with the regulators' goal of 100% safety. But if the government thinks that goal is achievable, it needs to present a... Continue reading
Posted Jul 12, 2015 at Skating on Stilts
Our guest commentator for episode 74 is Catherine Lotrionte, a recognized expert on international cyberlaw and the associate director of the Institute for Law, Science and Global Security at Georgetown University. We dive deep on the United Nations Group of Government Experts, and the recent agreement of that group on a few basic norms for cyberspace. Predictably, I break out in hives at the third mention of “norms” and default to jokes about “Cheers.” In the news roundup, Michael Vatis and I sort through China’s ever-growing list of vague laws expressing determination to control technology for security purposes. Jason Weinstein explains the FTC’s settlement with the makers of a stealthy digital currency mining app. He and Michael also note the remarkably belated filing of a class action arising from the Anthem hack – and cast doubt on whether the class can be sustained. Speaking of class actions, the OPM hack has also led to litigation. All the Cyberlaw commentators are in the class, and none of us expect the litigation to succeed. And speaking of the FTC, it has released new security guidance, a kind of Restatement of FTC Security Law, explaining just how wisely the FTC settled its 50-plus... Continue reading
Posted Jul 10, 2015 at Skating on Stilts
Our guest for Episode 73 is Rob Knake, currently the Council on Foreign Relations Senior Fellow for Cyber Policy and formerly with DHS, the White House, and the Richard Clarke finishing school for cybersecurity policymakers. Rob and I are quickly embroiled in disagreement; as usual, I mock the cyberspace “norms” that Rob supports and disagree with his surprisingly common view that the US shouldn’t react strongly to Chinese hacking of the OPM database. But we come together to condemn the gobsmackingly limp US response to China’s attack on Github. In the news roundup, Alan Cohn and Jason Weinstein explain attribution problems in the Cardinals-Astros hacking case. Somehow the Broncos also figure in the discussion. Want to know why President Obama was foolish to promise he wouldn’t spy on the French President’s communications? The answer is supplied by WikiLeaks, which discloses that the last French President was caught trying to end run the United States on Palestinean issues. WikiLeaks of course thinks that shows American perfidy. Google, meanwhile, fought the good fight to overcome a gag order and disclose an investigation of WikiLeaks soulmate Jake Applebaum. Most interesting item in the 300 pages of documents released by the Justice Department? The... Continue reading
Posted Jun 30, 2015 at Skating on Stilts
James Baker, General Counsel of the FBI, is our guest on this week’s podcast. He fearlessly tackles the FBI’s aerial surveillance capabilities, stingrays, “Going Dark,” encryption, and the bureau’s sometimes controversial attribution of cyberattacks. But he prudently punts on the Hack of the Century, refusing to reveal details of the FBI investigation into the Houston Astros network intrusion. Alan Cohn leaps into the breach, starting with a reminder for me of which sport the Astros play. In the news roundup, Michael Vatis and I highlight growing threats to free speech, from France’s censorship of what Americans read, to the European Court of Human Rights’ claim to punish even forums for allowing speech it deems hateful. And in a move that would have tickled George Orwell’s funny bone, the Right to Be Forgotten returns to Russia, original home of the memory hole. I mock US CTO Tony Scott for descending to “privacy theater” in requiring SSL encryption for all government websites, even those that require none. Michael Vatis explains the court’s recent ruling in the Sony employees’ breach law suit, which will continue despite a lack of demonstrated injury to most individual employees. I express satisfaction that hacking back has taken... Continue reading
Posted Jun 23, 2015 at Skating on Stilts