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Stewart Baker
Former government official now practicing law
Recent Activity
Looking for a Baker-free episode of The Cyberlaw Podcast? This is your week; I miss the podcast to teach grandchildren how to ski cross country. Brian Egan and Jamil Jaffer hold the fort, covering a few implications of Special Counsel 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 US is losing, when it comes to interference with US elections. At the same time, the state secretaries of state gathered in Washington last week to discuss cybersecurity and US elections – coming in the face of a fairly damning report published by the Council on American Progress on shortcomings in US 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... Continue reading
Posted yesterday at Skating on Stilts
In this episode, Jamil Jaffer and I interview Glenn Gerstell, the General Counsel of the National Security Agency. Glenn explains what it was like inside the effort to reauthorize section 702 of FISA. Jamil and I ask him whether the FISA court has the authority to deal with material omissions in FISA applications, and he actually answers. Glenn also touches on how it feels to discover that data subject to a judicial retention order has been inadvertently deleted, on his secret exercise regime, on his future plans, and on how the United States should respond to the cybersecurity crisis. Download the 203rd Episode (mp3). Subscribe to The Cyberlaw Podcast here. We are also on iTunes, Pocket Casts, and Google Play (available for Android and Google Chrome)! Continue reading
Posted Feb 14, 2018 at Skating on Stilts
Cyberlaw Podcast alumnus Marten Mickos was called before the Senate Commerce Committee to testify about HackerOne’s bug bounty program. But the unhappy star of the hearings was Uber, which was heavily criticized for having paid out a large bonus under cloudy circumstances. Sen. Blumenthal and others on the Hill treated the payment as more ransom than bounty and pilloried Uber for not disclosing what they called a breach. Even Uber, under new management, was critical of its performance. As the only cyberlaw podcast with a Davos correspondent, we ask Alan Cohn to give highlights of the event from a cybersecurity point of view. I bring the color commentary and snark. With Microsoft Ireland case heading to argument, the Justice Department and Big Tech are hoping to head the Court off with a legislative solution. Jamil Jaffer explains what the CLOUD Act will do. I point out who’s missing from the Grand Coalition and question whether Big Privacy has the clout to stop the act. Fancy Bear hackers seeking high-tech weapons data from US defense contractors get lucky – up to 40% of their phishing links strike paydirt. Michael Mutek explains what this likely means for the Defense Department – more... Continue reading
Posted Feb 14, 2018 at Skating on Stilts
The crypto wars return to The Cyberlaw Podcast in episode 201, as I interview Susan Landau about her new book on the subject, Listening In: Cybersecurity in an Insecure Age. Susan and I have been debating each other for decades now, and this interview is no exception. In the news roundup, Brian Egan and Nick Weaver join me for the inevitable mastication of the Nunes memo. (My take: the one clear scandal here is the way Glenn Simpson and Chris Steele treated the US national security apparatus, including the national security press, as just another agency to be lobbied – and the success they had in milking it for partisan advantage and private profit.) Meanwhile, if you needed a reminder of just how enthusiastically and ham-handedly China conducts its espionage, just ask the African Union, whose Chinese-built headquarters is pwned from top to bottom. Brian lays out a significant Ninth Circuit Anti-Terrorism Act case absolving Twitter of liability for providing “material assistance” to ISIS by requiring a more direct relationship between Twitter’s acts and the harm suffered by the private plaintiffs. Not a surprise, but a relief for Silicon Valley. Nick fulminates about the security threat posed by a sophisticated... Continue reading
Posted Feb 5, 2018 at Skating on Stilts
Jim Comey has tweeted his support for Andrew McCabe, who is leaving the No. 2 post at FBI early: "Special Agent Andrew McCabe stood tall over the last 8 months, when small people were trying to tear down an institution we all depend on. He served with distinction for two decades." I'm sure Andrew McCabe was an able agent for decades, but I can't join Jim Comey in celebrating the way McCabe did his job over the past year or two. That doesn’t mean that all the White House and Congressional attacks on the FBI are justified, simply that we ought to delay McCabe’s canonization until the facts are in. As most people now know, Andrew McCabe’s wife ran for State Senate in Virginia in 2015 with the enthusiastic support of Terry McAuliffe, former Democratic party chief and then Democratic governor of Virginia. McAuliffe’s PAC and the state Democratic party gave Jill McCabe financial and in-kind support totalling more than $650 thousand – over a third of her entire warchest. The PAC had a lot to give in part because Hillary Clinton was a featured speaker at a fundraiser for it in June 2015. At the time, McCabe was the... Continue reading
Posted Jan 31, 2018 at Skating on Stilts
Whether they call it the fitbit or the “Ohsh*t!bit” governments are learning that the exercisers' internet of things is giving away their geospatial secrets at a rapid clip. Nick Weaver walks us through what most in the US government would call a security disaster – and how it could become an intelligence bonanza. As an example of what can be done, Jeffrey Lewis highlights Taiwan's secret cruise missile command center. Of course, as soon as authoritarian governments learn to use fitbits to oppress their people, we can expect the European Union and the Wassenaar export control group to slap export controls on them. Meredith Rathbone reports on the effort to persuade Europe and Wassenaar not to throw the security industry out with the bathwater. Turns out that progress is being made on both fronts. Nick and I talk through the latest stories on Russian cyberspying. Meduza and Buzzfeed have a persuasive and dispiriting story about how Eugene Kaspersky might have been forced to cooperate with the Russian FSB. Looking at questions being raised about US firms allowing the Russians to inspect their source code, we conclude that Balkanization of cybersecurity products is a near certainty, with the only question being... Continue reading
Posted Jan 29, 2018 at Skating on Stilts
In this guestless episode 199 of the Cyberlaw Podcast, Michael Vatis, Markham Erickson, and Nick Weaver join me to explore the intense jockeying that led to passage of S. 139 and gave section 702 of FISA a new lease on life. The administration team responsible for shepherding the bill did well, weathering the President’s tweets, providing a warrant process for backend searches that will likely be used once a year if that, and -- almost without anyone noticing -- pulling the unmasking reform provisions from the bill and substituting an ODNI rule. Why? My guess is that dropping unmasking from the bill was a bargaining chip that made it easier for Dems to vote yea; if so, it worked. And just in time, as the days after passage brought new whiffs of scandal, from the four-page House Republican memo alleging improprieties in the FBI’s application for a FISA wiretap on a Trump campaign hanger-on to two cases in which the FBI and NSA destroyed evidence they were supposed to be preserving. Michael Vatis and I cross sword over whether the FISA abuse memo is worth taking seriously or just partisan flak. Nick and I delve into the gigabytes of hacked... Continue reading
Posted Jan 22, 2018 at Skating on Stilts
It turns out that the most interesting policy story about Kaspersky software isn’t why the administration banned its products from government use. It’s why the last administration didn’t. Shane Harris is our guest for the podcast, delving into the law and politics of the Kaspersky ban. Along the way, I ask why the Foreign Sovereign Immunities Act, which allows suits against foreign governments for torts committed in the United States, shouldn’t allow suits against foreign governments that hack computers located in the United States. In the news, the House comfortably adopts a bill to reauthorize 702 surveillance; the Senate is expected to act today as well. While the House bill makes some changes to the law, it endorses the most moderate of the reform proposals. In case you haven’t heard, Apple is handing off its iCloud operations in China to a local cloud storage company – with none of the histrionic civil liberties posturing the company displays in the United States. Whose data is being transferred to the tender mercies of the Chinese authorities? Who knows? Not Apple, which can’t even send out notices to its customers without getting confused about who’s covered by the new policy. It’s a threepeat... Continue reading
Posted Jan 16, 2018 at Skating on Stilts
While the US was transfixed by posturing over the Trump presidency, China has been building the future. Chances are you’ll find one part of that future – social credit scoring – both appalling in principle and irresistible in practice. That at least is the lesson I draw from our interview of Mara Hvistendahl, National Fellow at New America and author of the definitive article on the allure, defects and mechanics of China’s emerging social credit system. In the news roundup, Nick Weaver dives deep on the Spectre and Meltdown security vulnerabilities while I try to draw policy and litigation implications from the debacle. TL;DR? This is bad, but the class actions will settle for pennies. Oh, and xkcd has all you need to know. I note that US Customs and Border Protection under Trump has imposed new limitations on border searches of electronic devices. So naturally the press is all "Trump has stepped up border searches aggressively." No good deed unpunished, as they say. Maury Shenk explains President Macron’s latest plans to regulate cyberspace in the name of fighting Russian electoral interference and fake news. The Germans, meanwhile, have begun implementing their plan to fight hate speech on the internet.... Continue reading
Posted Jan 8, 2018 at Skating on Stilts
In the United States, the latest Iranian protests have sparked a kind of debate in which we argue fervently about whether the US should tweet its support or just shut up. At the risk of making the Trump administration look moderate, I think we can choose between more than waving our hands or sitting on them. Remember, when the Iranian regime decided it didn’t like US activities in Iraq, it found considerably more direct ways to express its disapproval. It just started killing American troops. A lot of them. According to CENTCOM, Iranian actors like Hezbollah and the Qds Force killed 500 US troops in Iraq – roughly ten percent of all our casualties. Iranian operatives used a variety of sophisticated tactics, but by far the most deadly was the introduction of explosively formed penetrators, or EFPs. EFPs are IEDs that use explosives to turn a carefully machined metal disk into a targeted, high-velocity slug of molten metal that can breach the most elaborate armor. Three hundred Americans died – and many more were grievously wounded -- because Iran introduced this weapon into the Iraq insurgency. EFPs are particularly effective when used by lightly armed opposition forces that face well-armored... Continue reading
Posted Jan 2, 2018 at Skating on Stilts
My hat is off to the Trump Administration's deft diplomacy in the United Nations Security Council. Yes, you read that right. Administration diplomats achieved a real counterterrorism success in the Security Council yesterday. For twenty years, the United States has been advocating for the advance screening of air travelers using data like passport numbers, biometrics, and reservation data (known as PNR, or passenger name records). The Bush and Obama administrations struggled to advance this initiative against passive and active international resistance. Yesterday, the Trump Administration did what its predecessors could not. It obtained a unanimous resolution on travel data from the Security Council. The resolution instructs UN member states to require that airlines transmit passport data to destination governments. It requires all states to "collect, process and analyse" PNR, and it encourages them to share the data with other relevant and concerned governments. It requires the development of watchlists of terror suspects to be used at the border and encourages the sharing of watchlist information. Finally, the order requires states to collect fingerprints, photos, and other biometric data to identify terrorists. This full-throated endorsement of travel data collection is transformative. UN Security Council resolutions are binding on members of the... Continue reading
Posted Dec 22, 2017 at Skating on Stilts
In this episode, I interview Elsa Kania, author of a Center for a New American Security report on China’s plan for military uses of artificial intelligence – a plan that seems to have been accelerated by the asymmetric impact of AlphaGo on the other side of the Pacific. In the news, Brian Egan notes that China’s perspective on “sovereignty in cyberspace” was further elaborated at China’s World Internet Conference and I point out that China continues its “two steps forward, one step back” process of bringing US companies to heel on security issues. Nick Weaver explains that the US financial institutions’ “project doomsday” could just as easily be cast as “fire hydrant standardization.” It could be, but it won’t, at least not by headline writers. Nick also calls out Apple for failing to follow US law in responding to pen/trap and wiretap orders. I take a victory lap, as the Director of National Intelligence promises to apply the Gates procedures to unmasking of transition officials. As recommended by me (well, and the House Intelligence Committee). No need to call them the Baker procedures, though, guys. Bleeping Computer says Germany is planning backdoors into modern devices. Maybe so, I offer, but... Continue reading
Posted Dec 11, 2017 at Skating on Stilts
Episode 195 features an interview with Susan Hennessey of Lawfare and Andrew McCarthy of the National Review. They walk us through the “unmasking” of US identities in intelligence reports -- one of the most divisive partisan issues likely to come up in the re-enactment of section 702 of FISA. I bask momentarily in the glow of being cast as a civil liberties extremist. And Thidwick the Big-Hearted Moose offers insights into 702 reform. In the news roundup, I try to count votes after the Supreme Court argument in Carpenter v. United States. I count at least four likely votes to require a warrant for cell phone location data and only two likely votes for the United States (and the preservation of the third party doctrine). The other Justices didn’t exactly wear their votes on their sleeve, but the smart money favors a whole new ballgame for criminal discovery. The Court’s biggest problem will be finding a rationale that doesn’t open up decades of litigation. Justice Gorsuch distinguishes himself with a rationale that is creative, libertarian-conservative, and, well, cockamamie. Phil West provides the tech angle on the biggest Congressional news -- tax reform and what it means for Silicon Valley Nick... Continue reading
Posted Dec 5, 2017 at Skating on Stilts
Our interview this week is with Rob Reid, author of After On and Year Zero, two books that manage to translate serious technology nightmares into science fiction romps. We cover a lot of ground: synbio and giving eighth graders the tools for mass human extinction, the possibility that artificial intelligence will achieve takeoff and begin to act counter to humanity’s interests in a matter of hours. Along the way, we consider the possibility that the first AI will arise from a social media behemoth and will devote its exponential power to maximizing human hookups. In the news, we explore the massive PR disaster that is the Uber data breach and reach the surprising conclusion that the whole thing may turn out worse in the media than in the courts. Except in the EU, Maury Shenk reminds me. Europe just hates Uber viscerally. So much so that Jim Lewis suggests the company’s EU subsidiary will soon have to be renamed Unter. Actually, it’s not just Uber the EU hates. It’s all things technological, at least to judge by the European Parliament’s latest plan to use export controls to cripple technology companies whose products can be misused by authoritarian governments. I note... Continue reading
Posted Nov 27, 2017 at Skating on Stilts
We celebrate the holiday season by interviewing David Ignatius, Columnist and Associate Editor at The Washington Post and the author of multiple spy thrillers, including his most recent, The Quantum Spy. David and I discuss themes from the book, from quantum computing to ethnic and gender tensions at the Agency, while managing to avoid spoilers. It’s a fun and insightful work. In the news, I flag Twitter’s weird journey from the free speech wing of the free speech party to the censorship wing of the Censor’s Party. Twitter is now revoking the verification checks for people whose speech it disapproves of. It’s even de-checking people based on its assessment of their off-line conduct. So maybe that should be the Stasi wing of the Censor’s Party. And, not surprisingly, given Silicon Valley’s steep leftward tilt, the censorship seems to fall far more harshly on the right than on less PC targets. Markham Erickson and I treat Twitter’s wobbly stance as a symptom of the breakdown of the Magaziner Consensus, as both left and right for their own reasons come to view Big Tech with suspicion. Markham has shrewd observations about what it all means for the (questionable) future of social media’s... Continue reading
Posted Nov 20, 2017 at Skating on Stilts
I've just published an op-ed with Fox News, opposing the effort to require warrants to search lawfully collected section 702 intercepts. It begins: You might be surprised to discover that the average college freshman doesn’t remember 9/11. I was even more surprised to find that a lot of Congressmen don’t either. That’s the only good explanation for their willingness to play chicken with one of our most valuable anti-terrorism programs. And it finishes with my experience defending and renouncing the wall that many of the 702 "reform" proposals would at least partially restore: Inspired by ISIS, more terrorists are internet-radicalized loners, and many are already known in a general way to law enforcement. They may be “lone wolves” but they’re also “known wolves.” This is no time to make it harder to do an electronic background check on these known suspects. If there were a truth in labeling requirement for acts of Congress, the proposed warrant requirement would be called the “Known Lone Wolf Preservation Act.” This is all achingly familiar to me. In the 1990s, I was one of those who defended the idea of a wall between intelligence and law enforcement. Not because there had been actual abuses,... Continue reading
Posted Nov 14, 2017 at Skating on Stilts
With the Texas church shooting having put encryption back on the front burner, I claim that Apple is becoming the FBI's crazy ex-girlfriend in Silicon Valley -- and offer the tapes to prove it. When Nick Weaver rises to Apple's defense, I point out that Apple responded to a Chinese government man-in-the-middle attack on iCloud users with spineless obfuscation rather than a brave defense of user privacy. Nick asks for a citation. Here it is: https://support.apple.com/en-us/HT203126 (Careful: don't click without a chiropractor standing by.) Nick provides actual news to supplement the NYT's largely news-free front page story about leak and mole fears at NSA. I gloat, briefly, over hackback's new respectability, as the ACDC act acquires new cosponsors, including Trey Gowdy, and hacking back acquires new respectability. But not everywhere. Michael Sulmeyer finally gets a word in edgewise as the conversation shifts to the NDAA . He discusses the MGT Act, the growing Armed Services Committee oversight of cyberoperations, and the decision to lift -- and perhaps separate -- Cyber Command from NSA. I take issue with any decision that requires that a three-star NSA director argue intelligence equities with a four-star combatant commander. We end with Michael Sulmeyer walking... Continue reading
Posted Nov 14, 2017 at Skating on Stilts
Episode 191 is our long-awaited election security podcast before a live, and lively, audience. I interview Chris Krebs, formerly of Microsoft and now the top cybersecurity official at DHS (with the longest title in the federal government as proof), and Ed Felten, formerly the deputy CTO of the federal government and currently Princeton professor focused on cybersecurity and policy. We walk through the many stages of election machinery and the many ways that digitizing those stages has introduced new insecurities into our election results. When all is said and done, however, the panel ends up more or less in one place: Election security is not to be taken for granted -- it will be hard to achieve, but the task is not impossible, or even unaffordable. With sufficient will and focus, and perhaps a touch of Ned Ludd, we may be able to overcome the risk of foreign hackers interfering in our elections. At least outside of New Jersey. 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 191th Episode (mp3). Subscribe to The Cyberlaw Podcast here. We... Continue reading
Posted Nov 8, 2017 at Skating on Stilts
The 190th episode is an interview with United States Senator Sheldon Whitehouse (D-RI), who has a long history of engagement with technology and security issues. We cover the cybersecurity waterfront, from the FBI’s problems accessing the Texas church shooter’s phone, and what Silicon Valley should do about that, to Vladimir Putin’s electoral adventurism and how to combat it. Along the way, we touch (skeptically) on the NIST Cybersecurity Framework and (more enthusiastically) on allowing private citizens to leave their networks to track the hackers who’ve attacked them. Plus: botnet cures, praise for Microsoft, a cybersecurity inspector general (or, maybe, bug bounties), DHS’s role in civilian cybersecurity, and how much bigger Rhode Island really is at low tide! 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 190th Episode (mp3). Subscribe to The Cyberlaw Podcast here. We are also on iTunes, Pocket Casts, and Google Play (available for Android and Google Chrome)! Continue reading
Posted Nov 8, 2017 at Skating on Stilts
In this bonus episode, I had a chance to interview United States Representative Tom Graves, co-sponsor of the Active Cyber Defense Certainty (ACDC) Act, which allows victims of persistent network attacks to leave their own network to conduct investigative action. Representative Graves offers a measured but deeply felt defense of the proposal and is optimistic about its reception. In the end, in keeping with The Cyberlaw Podcast's reputation for hard-hitting investigative journalism, I ask the tough question: “Is this bill a tribute to AC/DC – and if so, which song?” (Hint: the answer may be in the title of this post.) Mark your calendars for November 7th when we will gather for a live taping of a special episode on Election Cybersecurity at our Dupont Circle offices here in DC. To register please visit the Events page of our website at steptoe.com. 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 189th Episode (mp3). Subscribe to The Cyberlaw Podcast here. We are also on iTunes, Pocket Casts, and Google Play (available for Android and Google Chrome)! Continue reading
Posted Nov 2, 2017 at Skating on Stilts
In this episode, Brian Egan and I deconstruct the endlessly proliferating “FISA 702 Reform” bills, from the irresponsible House Judiciary bill to the “I’ll see your irresponsible and raise you crazy” bipartisan extremist bill beloved of Sens. Wyden and Paul (which at least deserves praise for truth in advertising: what better designation for a bill that takes us back twenty years to the pre-9/11 era than S.1997?). Even the relatively restrained Senate Intelligence bill takes fire for its, ahem, “creative” approach to FBI searches of 702 data. Brian does not share my distaste for all of the options, but agrees that the cornucopia of 702 proposals makes it even more unlikely that anything other than a straight-up short-term reauthorization can be passed before the end of the year. In other legislative news, CFIUS reform is also in the air, and Sen. Cornyn's carefully scripted rollout has begun. In her podcast debut, Alexis Early unpacks this complex bill. Need a one-word explanation? China. The bill tries to block all of the avenues China is believed to have traveled in its pursuit of US technology over the last decade. We also discuss how the bill would remove the veneer of “voluntariness” from... Continue reading
Posted Oct 30, 2017 at Skating on Stilts
I had a chance to interview Tom Bossert, President Trump’s Homeland Security Adviser, and we’re releasing the conversation as a bonus episode of the Cyberlaw Podcast. The talk ranges from the Peggy Noonan Rule for White House staff work to the vast improvement in West Wins carpeting before we turn to the main topic – a looming deadline for renewing authority for FISA section 702. Tom is deeply familiar with the issues in the debate over 702. He stands by the administration’s position that 702 should be renewed without amendment and without a sunset but he discusses with nuance the many legislative proposals for changing the program as well. Finally, we talk about the executive order that unleashed a flood of internal reports on empowering DHS to protect the US government’s systems, measures to protect critical infrastructure, and the administration’s hunt for a new cyberspace deterrence strategy. Coming soon: Mark your calendars for November 7th when we will gather for a live taping of a special episode on Election Cybersecurity at our Dupont Circle offices here in DC. To register please visit the Events page of our website at steptoe.com. As always The Cyberlaw Podcast is open to feedback. Send... Continue reading
Posted Oct 27, 2017 at Skating on Stilts
Our interview is another in our series on section 702 reform, featuring Mieke Eoyang of the National Security Program at Third Way and Jamil Jaffer of George Mason University and IronNet Security. They begin with the history of the program but quickly focus on proposals to require warrants for FBI criminal searches of already collected 702 data, which Mieke broadly supports and Jamil broadly opposes. The debate ends up in a surprising place -- Las Vegas. Because the shootings there raise the question, "Are we really going to make the FBI wait for a warrant before it checks its own 702 database to see whether Stephen Paddock has been in communication with terror groups and what he's been saying?" In the news roundup, Jim Lewis of the Center for Strategic and International Studies and Brian Egan nerd out with me on the DOD's objections to section 1621(f) of the National Defense Authorization Act. Neither Jim nor Brian finds them persuasive. I give a preview of my plans to celebrate Halloween as a Russian Twitter troll, and Jim predicts that the main fallout from the entirely predictable Russian use of Twitter will be on Silicon Valley: What I call the Magaziner... Continue reading
Posted Oct 23, 2017 at Skating on Stilts
This episode features an interview with Mårten Mickos, the CEO of HackerOne. HackerOne administers bug bounty and vulnerability disclosure programs for a host of private companies as well as DOD’s “Hack the Pentagon” program. Mårten explains how such programs work, how companies and agencies typically get started (with “vulnerability disclosure” programs), the legal and other assurances that companies need to provide to ensure participation, and the role that bounty administration firms play – from hacker reputation management to providing a kind of midnight basketball tournament for otherwise at-risk fourteen-year-old boys. (And they are boys, at least 98% of them, an issue we also explore.) Along the way, there’s even unexpected praise for the Justice Department’s Computer Crime Section, which has produced a valuable framework for vulnerability disclosure programs. 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 185th Episode (mp3). Subscribe to The Cyberlaw Podcast here. We are also on iTunes, Pocket Casts, and Google Play (available for Android and Google Chrome)! Continue reading
Posted Oct 17, 2017 at Skating on Stilts
Today’s news roundup features Shane Harris of the Wall Street Journal, Brian Egan, and Alan Cohn discussing stories that Shane wrote last week. Out of the box, we work through the hall of mirrors that the Kaspersky hacking story has become. The Russian hacking story is biting more companies than just Kaspersky. Turns out that Twitter deleted all the Russian trolling accounts and tweets when the Russians asked them to. Because privacy! I put in a plug for the rule that privacy always somehow ends up protecting the powerful – in this case Vladimir Putin and, of course, Twitter itself. We also cover another Wall Street Journal story detailing North Korea’s use of (another) antivirus product to hack South Korea’s military – and US war plans. Alan unpacks the Trump Administration’s most detailed statement to date on law enforcement and technology -- Deputy AG Rosenstein’s far-ranging speech on the topic. Alan and I also touch on the emerging fight over 702 – and the media’s evergreen and credulous “discovery” that the far left and far right are surprisingly close on surveillance issues. Alan spells out the case for Kirstjen Nielsen as Homeland Security Secretary, along with what some of her... Continue reading
Posted Oct 16, 2017 at Skating on Stilts