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Stewart Baker
Former government official now practicing law
Recent Activity
Our guest for the episode is Rob Silvers, the assistant secretary for cybersecurity policy at DHS. He talks about what the government can and should do about newly potent DDOS attacks and the related problem of the Internet of Things. The only good news: insecure debrillators and pacemakers may kill you, but they haven’t yet been implicated in any DDOS attacks. In the news, Michael Vatis and I debate whether the netizen reaction to a search warrant that also allows the FBI to collect phone security fingerprints during the search is overheated or justified. Maury Shenk explains an unusual UK tribunal ruling, holding that GCHQ’s and MI5’s bulk collection of data was once a violation of the European Convention on Human Rights. Luckily for the UK government, that illegality was cured by the government’s acknowledgment of the collection. The financial industry faces new cybersecurity regulations; Katie Cassel explains. Then, as the junior member of the podcast crew, Katie also finds herself called on to explain when defense contractors have to disclose cyberattacks to the Department. In other news, NSA contractor Harold Martin is looking less like a hoarder and more like a serious threat to national security, thanks to the... Continue reading
Posted 4 days ago at Skating on Stilts
Episode 134 features John Carlin’s swan song as assistant attorney general for national security. We review the highs and lows of his tenure from a cybersecurity point of view and then look to the future, including how the US should respond to Russia’s increasingly uninhibited use of cyberpower. I introduce John to Baker’s Law of Post-Government Policy Advice: “The good news about leaving government is that you can say what you want. The bad news is that you can say what you want because nobody cares.” In the news roundup, we explore the Geofeedia flap, in which large Silicon Valley companies are claiming the right to deny law enforcement access to public postings, even when that access is limited to particular geographic areas, such as the location of an ongoing riot. Remarkably, they seem to think we ought to be praising them for this antisocial stand. Michael Vatis and I consider whether law enforcement can subpoena the same data from antisocial media. Michael and I also mull over the troubling news that Carbanak is targeting SWIFT endpoints. The G7 has financial cybersecurity guidelines, but it seems unlikely that they’ll turn the tide of an increasingly at-risk banking system. Michael and... Continue reading
Posted Oct 18, 2016 at Skating on Stilts
In episode 133, our guest is The Grugq, famous in hacker circles but less so among Washington policymakers. We talk about the arrest of an NSA employee for taking malware and other classified materials home, the Shadow Broker leak of Equation Group tools, and the Grugq’s view that the United States has fundamentally misunderstood the nature of cyberconflict. In the news, Alan Cohn and I discuss the DHS/DNI fingering of Russia – and Putin – for the DNC hack. We ask whether this means that sanctions will follow, and I characterize the administration’s stance so far as an updating of Groucho Marx’s position: “These are my red lines. If you cross them, well, I have others.” I award “stupidest privacy scandal of the year” to the complaints that Yahoo! (gasp!) scanned email content in a search for a terror-related signature. Continuing what will become a rant-filled episode, I nominate the Third Circuit for membership in a Hall of Judicial Shame. The court of appeals has joined the European Court of Justice in giving legal effect to the early Guardian articles claiming that PRISM allowed NSA to scan all emails in US webmail services. That might have been a mistake in... Continue reading
Posted Oct 16, 2016 at Skating on Stilts
In episode 132, our threepeat guest is Ellen Nakashima, star cyber reporter for the Washington Post. Markham Erickson and I talk to her about Vladimir Putin’s endless appetite for identifying ‒ and crossing ‒ American red lines, the costs and benefits of separating NSA from Cyber Command, and the chances of a pardon for Edward Snowden. Ellen also referees a sharp debate between me and Markham over the wisdom of changing Rule 41 to permit judges to approve search warrants for computers outside their district. In the news roundup, Meredith Rathbone explains the remarkably aggressive, not to say foolish, European proposal to impose export controls on products that would enable state surveillance in cyberspace. Apparently locked in a contest with Brussels over who can propose the dumbest regulation of cyberspace, California has adopted a law that purports to prohibit entertainment sites like IMDb from publishing the true ages of actors and actresses. Markham and I debate the constitutionality of the measure. In other California news, Markham brings us up to date on the surveillance lawsuit against Google. He also explains the deep Washington maneuvering over FCC Chairman Wheeler’s plan for cable set top boxes. I call for a rule that... Continue reading
Posted Oct 5, 2016 at Skating on Stilts
Our interview in episode 131 is with Matt Cutts and Lisa Wiswell from the Pentagon’s Defense Digital Service. Matt joined the Digital Service from Google where he authored their SafeSearch content filter. Lisa is a bureaucracy hacker with the Defense Digital Service and previously spent years working on cyber-warfare in DOD’s policy shop and in DARPA. They both stress that the Service is looking for good code and policy hackers -- and that their Digital Service recruiting link is After a musical intro featuring the Beatles as reimagined by artificial intelligence, Michael Vatis explains why Microsoft's new German datacenters may succeed in putting customer data beyond the reach of US agencies, and why Microsoft might not want to state its goal quite that way. Jennifer Quinn-Barabanov explains how a new lawsuit on behalf of Gilbert Chagoury will test whether the US government will punish leakers and whether the EU succeeds in its effort to get the Privacy Act to cover European nationals. Jen and I also tackle the record-breaking Yahoo! breach, and what it says about the actual impact of data breach risk on companies and investors. Jen reveals this shocking statistic: the median cost of a breach is... Continue reading
Posted Sep 27, 2016 at Skating on Stilts
In a law-heavy news roundup, Katie Cassel and I talk about New York’s dangerously prescriptive cybersecurity regs for banks and insurers. Maury Shenk and I uncover the seamy industrial politics behind the EU’s latest copyright and telecom proposals. The Sixth Circuit deepens a circuit split over standing and how much injury it takes to support a federal data breach lawsuit – and then, oddly, decides not to publish its opinion. Michael Vatis explains. In other news, Michael notes that the CFTC has adopted its own very prescriptive cybersecurity testing rules. At least pen testers should be happy; their specialty is increasingly required by regulators. Katie hoses me down on the significance of the Ninth Circuit’s latest “failure to warn” decision for section 230 of the Communications Decency Act. Good news for section 230, not so much for Finally, the FTC continues to vie for the title of federal agency with the least sense of moderation. The FTC is opposing a motion to stay in the LabMD case. Pending appeal, it wants to impose strict cybersecurity procedures on a business whose servers are probably stored in Mike Daugherty’s garage. As Winston Churchill said about nuclear weapons, at some point all... Continue reading
Posted Sep 20, 2016 at Skating on Stilts
In episode 129, Alan Cohn and I dive deep on the Government Oversight committee’s predictably depressing and unpredictably entertaining report on the OPM hack. Highlights: Cheeky Chinese hackers registering their control sites to superhero alter egos like Tony Stark. And poor, patriotic Cytech finds an intruder during a sales demo, rushes to provide support without a contract, and ends up not just stiffed but accused of contributing to a violation of the Antideficiency Act. The overmatched OPM security team launches a desperate operation Big Bang to oust one team of hackers, while another is safely ensconced in the network, biding its time before exfiltrating all of OPM's data. And for those who’ve complained that we never talk about cybertax law, a feast: Steptoe’s premier international tax partner (and head of the firm), Phil West, explains everything you need to know about the fight between Apple and the EU over Ireland’s tax regime for the company. I profess to be shocked to discover that Brussels is doing, well, what Brussels usually does -- screw US companies for the crime of being American and better at tech than the EU. Alan and I talk about one more PlayPen decision, United States v.... Continue reading
Posted Sep 14, 2016 at Skating on Stilts
The podcast is back with a bang from hiatus. Our guest, Scott DePasquale, is the CEO of Utilidata, an electric utility IoT and cybersecurity company. Scott talks about his contribution to the Internet Security Alliance’s upcoming book, The Cyber Security Social Contract. Episode 128 also brings you a news roundup from the most momentous August in cybersecurity history. Maury Shenk brings the SWIFT hack to life by describing his own brush with cyber bank fraud. I cover the Shadow Brokers’ disclosure of what most believe to be an NSA hacking toolkit. Meanwhile, Russia is hacking our political process and only the side whose ox is being gored seems to care. The EU, with its unerring instinct for the capillaries, continues to fight the US on these issues. Privacy Shield is up, and a lot of serious companies are signing up, despite the uncertainties. Maury and I note the entry of France and Germany into the Great Crypto World War – at a comfortably leisurely pace. And, in a welcome move, the European Court of Justice has reaffirmed that there are still some (modest and blurry) limits to the assertion of data protection jurisdiction over internet merchants. The FTC had a... Continue reading
Posted Sep 7, 2016 at Skating on Stilts
I know we promised to take August off, but I was inspired by the flap over the DNC hack and the fact that I’m at the Aspen Homeland Security Working Group meeting in Colorado. I waylaid two former intelligence community members on the Aspen campus and asked for their views on the DNC hack. Well, to be accurate, I start the interview by asking whether Putin really has the balls to step into the US electoral campaign in this way. Answering the question are two men with long years dealing with Soviet and then Russian intelligence: Charles Allen, who became intelligence chief for DHS after a full career at CIA, and John McLaughlin, who ended his career at CIA as the Deputy Director and Acting Director. As always, the Cyberlaw Podcast welcomes feedback. Send email to or leave a message at +1 202 862 5785. Download the 127th episode (mp3). Subscribe to the Cyberlaw Podcast here. We are also now on iTunes, Pocket Casts, and Google Play! Continue reading
Posted Jul 28, 2016 at Skating on Stilts
If Vladimir Putin can do it, so can we. This week the podcast dives deep into the US presidential campaign. I of course talk with Maury Shenk about evidence that the Russians are behind “Guccifer 2.0” and the DNC data leak – aided by a Wikileaks that looks more and more like an FSB front. I compare the largely indistinguishable Dem and GOP platform planks on encryption ‒ and draw a lesson from the straddles: there’s little doubt that every lobbyist who contributed to the platforms was working for Silicon Valley, so the failure to endorse the Valley’s view may spell trouble for techie triumphalism. I also spike the football for the Justice Department, whose policy views on the dangers of hacking back were swamped when the GOP called for letting victims of hacking have their way with the hackers. Our interview this week touches on the insider threat. Andy Irwin describes the new DOD rule requiring contractors to devise insider monitoring plans for cleared personnel, and two industry leaders, Ed Hammersla, CSO of Forcepoint, and Brian White, COO of RedOwl Analytics, talk about what technology can do to spot incipient employee defections and data theft. A discussion of the... Continue reading
Posted Jul 27, 2016 at Skating on Stilts
Inspired by this week's podcast episode and a conversation with Brock Meeks, an old friend and sparring partner, I contributed the following op-ed to Atlantic Media's BRINK site. Many thanks to Victoria Muth for her assistance in turning my good intentions into an actual article. Corporate executives are fed up with the current approach to network security. They’ve been spending more and more on security. Despite that spending, they’re told that they can’t expect to keep intruders out of their networks; the best they can hope for is to lock the intruders out of their most important files, or to keep hackers from exfiltrating all that data. Government help seems useless. It rarely catches intruders or offers security advice beyond the obvious; however, it’s quite happy to punish corporate hacking victims after the fact, often imposing fines and liability on the victim for failing to implement a security measure that three-quarters of government agencies haven’t implemented. It’s pretty clear that building higher walls around our networks is a dead end. So is tighter scrutiny and control over what happens on the network. These things have their place, just as locks on our doors and windows have a place in physical... Continue reading
Posted Jul 22, 2016 at Skating on Stilts
What’s the one argument in favor of hacking back best calculated to infuriate the State Department? It's been found by the father and son, authors of a thoughtful paper on the topic for the Hoover Institution. I interview them in episode 125 of the podcast. Jeremy, a law professor at the Scalia Law School, and his son, Ariel Rabkin, a computer scientist out of Berkeley, have the expertise to deal gracefully and concisely with the policy debate over hacking back. Their proposal charts a middle ground while cheerfully mocking State’s hand-wringing about the international consequences of permitting hacking victims to act outside their networks. Bonus feature: lifetime career advice from yours truly! In the news roundup, Michael Vatis covers Microsoft’s surprising Second Circuit victory over the Justice Department in litigation over a warrant for data stored in Ireland. The hidden issue in that case was data localization – the same issue driving the Justice Department’s new legislative proposal to allow foreign nations to obtain information from US data repositories. That proposal is unpacked by special guest David Kris, former Assistant Attorney General for National Security and author of the treatise, National Security Investigations and Prosecutions. In other news, LabMD has... Continue reading
Posted Jul 22, 2016 at Skating on Stilts
Edward Snowden criticizes Russia’s mass surveillance law, and a Russian official retaliates by outing him ‒ as a Russian intelligence source. Silent Circle, the phone company that built its marketing on fear and loathing of the NSA, is nearing bankruptcy. Members of the dominant European Parliament faction are asking the Commission, “Hey! How come you keep demanding more data export and privacy concessions from the US without asking for bupkis from China?” And the FBI now has three politically viable paths to win back authority to obtain electronic communications transaction records with a National Security Letter. Truly, episode 123 feels like a reward for living through 2013. In other news, Alan Cohn and Katie Cassel report on the Bank for International Settlements’ surprisingly sophisticated cybersecurity standards. I whinge about Bob Litt’s 18 pages of binding commitments to Europe on how the US will conduct intelligence from now on. Alan and I compliment CBP on its technical savvy in easing border clearance ‒ and ponder the role of stools in protecting the homeland. I report that Belgian courts have reversed a verdict by the local DPA against Facebook, and Maury Shenk comments on broader implications for EU data protection. Katie notes... Continue reading
Posted Jul 6, 2016 at Skating on Stilts
Was Iran’s cyberattack bricking vast numbers of Saudi Aramco computers justified by a similar attack on the National Iranian Oil Company a few months’ earlier? Does NSA have the ability to “replay” and attribute North Korean attacks on companies like Sony? And how do the last six NSA directors stack up against each other? Those and other questions are answered by our guest for episode 122, Fred Kaplan, author of Dark Territory: The Secret History of Cyber War. In the news roundup, we explore British corollary of the Pottery Barn Rule: “You Brexit, you owns it.” As the UK and the EU struggle to deal with fallout from the historic UK vote, all the incentives seem to be in place for the EU to do what it does best: vindicate the worst instincts of the European elite. In the name of deterring other departures, the EU is unlikely to offer the UK much in the way of concessions. On data protection, for example, Maury Shenk points out that the UK will likely have to keep its current law -- and adapt to the new regulation -- just to avoid a claim that British privacy law is inadequate. In other news,... Continue reading
Posted Jun 28, 2016 at Skating on Stilts
European hypocrisy on data protection is a lot like the weather. Everyone complains about it but no one does anything about it. Until today. In episode 120, we announce the launch of the Europocrisy Prize. With the support of TechFreedom, we’re seeking tax deductible donations for a prize designed encourage the proliferation of Schrems-style litigation, but with a twist. We’ll award the prize to anyone who brings complaints that force Europe to apply the same human rights and data export standards to Russia, China, and Saudia Arabia as it applies to the US. More on the prize here. We’re inspired to this announcement because, as Katie Cassel tells us in the news roundup, the data protection commissioner in Hamburg is hot-dogging on the privacy issue, and with relish. He has imposed fines on US companies for the offense of being caught by surprise when the Safe Harbor went down. Naturally, as far as we can tell, no similar cases have been launched against Russia, China, or any of the other countries that never even bothered to negotiate over privacy with the EU. The Europocrisy Prize, though, should go a long way to even the score. We’re joined for the news... Continue reading
Posted Jun 15, 2016 at Skating on Stilts
Our guest for episode 119 is Kevin Kelly, founding executive editor of Wired Magazine and author of The Inevitable: Understanding the 12 Technological Forces that will Shape our Future. Kevin and I share many views – from skepticism about the recording industry’s effort to control digital data to a similar skepticism about EFF’s effort to control personally identifiable data – but he is California sunny and I am East Coast dark about where emerging technology trends are taking us. The conversation ranges from Orwell and the Wayback Machine to the disconcerting fluidity and eternal noobie-ness of today’s technological experience. In closing Kevin sketches a quick but valuable glimpse of where technology could take us if it comes from Shenzhen rather than Mountain View, as it likely will. The news roundup leavens deep thoughts about the future with loose talk about sex and politics. I ask whether the FOIA classification review of Hillary Clinton’s email is compounding the damage done by her use of a homebrew server. I discover the weird connection between leak defenders like Julian Assange and Jacob Appelbaum and sexual extortion – and even offer a theory to explain it (caution: involves threesomes). We award the Dumbest Journalism... Continue reading
Posted Jun 8, 2016 at Skating on Stilts
Episode 118 digs deep into DARPA’s cybersecurity research program with our guest, Angelos Keromytis, associate professor at Columbia and Program Manager for the Information Innovation Office at DARPA. Angelos paints a rich picture of a future in which we automate attribution across networks and international boundaries and then fuse bits of attribution data as though they were globules of the Terminator reassembling into human form. In the news roundup, a district court judge takes NIT-picking to an extreme, quietly deep-sixing child porn evidence because the FBI would not disclose its Network Investigative Technique. Michael Vatis and I wonder why such an important call would not be dignified by a written opinion. Michael and I also trade assessments of Twitter’s latest effort to revive its faltering lawsuit to reveal how many national security discovery orders it has received. Michael is more bullish than I am on Twitter’s prospects. The EU has officially given up on competing with the rest of the world on internet technology, and it has gone back to its roots – using regulation to at least force successful companies to pay a toll of hassle and forelock-tugging in Brussels. Maury Shenk has the facts (if not quite the... Continue reading
Posted Jun 3, 2016 at Skating on Stilts
Ransomware is the new black. In fact, it’s the new China. So says our guest for episode 116, Dmitri Alperovitch, the CTO and co-founder of CrowdStrike. Dmitri explains why ransomware is so attractive financially – and therefore likely to get much worse very fast. He and I also explore the implications and attribution of the big bank hacks in Vietnam and Bangladesh. In the news roundup, Michael Vatis reports on the new federal trade secrets law. In addition, inspired by the Edelson firm’s sealed complaint against a Chicago-based law firm for cybersecurity failings, Steptoe’s chair emeritus, Roger Warin, charts the legal and strategic terrain of suing law firms for bad security. The hazards of class action litigation in this field are illuminated by the district court’s recent ruling on the Zappos breach, which Michael unpacks for us. Unable as always to resist a sitting duck, I quote the FTC’s condescending Congressional testimony promising to give the FCC the benefit of its 40 years of security expertise. It plans to offer comments on the FCC’s proposed privacy regulations. But the FTC fails to note that in all those 40 years, it has never had occasion to ask anyone for comment on... Continue reading
Posted May 17, 2016 at Skating on Stilts
Does the FISA court perform a recognizably judicial function when it reviews 702 minimization procedures for compliance with the fourth amendment? Our guest for episode 115 is Orin Kerr, GWU professor and all-round computer crime guru, and Orin and I spend a good part of the interview puzzling over Congress’s mandate that the FISA court review what amounts to a regulation for compliance with an amendment that is usually invoked only in individual cases. Maybe, I suggest, the recent court ruling on 702 minimization and the fourth amendment doesn’t make sense from an article III point of view because the FISA judges long ago got bored with reading intercept applications and adhering to article III's pesky case and controversy requirement; it's just more fund to act as special masters overseeing the intelligence community. We also explore an upcoming Orin Kerr law review piece on how judicial construction of the fourth amendment should be influenced by statutes that play in the same sandbox. In the news roundup, Maury Shenk provides an overview of the data protection logjam now building up in Brussels, including EU Parliament approval of the new US-EU law enforcement agreement. In FTC news, Katilin Cassel explains why Amazon... Continue reading
Posted May 11, 2016 at Skating on Stilts
Our guest for episode 114 is General Michael Hayden, former director of the NSA and CIA; he also confirms that he personally wrote every word of his fine book, Playing to the Edge: American Intelligence in the Age of Terror. In a sweeping interview, we cover everything from Jim Comey’s performance at the AG’s hospital bedside (and in the Clinton email investigation) to whether the missed San Diego 9/11 calls were discovered before or after the 215 program was put in place. Along the way, we settle the future of Cyber Command, advise the next President on intelligence, and lay out the price the intelligence community is paying for becoming so darned good at hunting terrorists. Michael Vatis and I do the news roundup. It’s bad news this week for the same child porn defendants who got good news last week, when a court overturned the search warrant used to search their computers after they visited an FBI-run Tor node. Now, though, the Supreme Court has approved a change to Rule 41 authorizing geographically unbound search warrants in computer cases. Unless Congress comes to their rescue by rejecting the proposed rule change, an unlikely prospect indeed, the new rule will... Continue reading
Posted May 3, 2016 at Skating on Stilts
No holds are barred as a freewheeling panel of cryptographers and security pros duke it out with me and the Justice Department over going dark, exceptional access, and the Apple-FBI conflict. Among the combatants: Patrick Henry, a notable cryptographer with experience at GCHQ, NSA, and the private sector; Dan Kaminsky, the Chief Scientist at White Ops; Kiran Raj, who is Senior Counsel to the Deputy Attorney General; and Dr. Zulfikar Ramzan the CTO of RSA Security. Our thanks to Catherine Lotrionte who generously agreed to let me record this one-hour panel at her remarkable Annual International Conference on Cyber Engagement. In the news roundup Maury Shenk discusses the real and mythical import of the UK’s pending surveillance bill, and I mock the journalists who claimed to find scandal in GCHQ’s elaborate compliance regime for access to bulk personal data. Alan Cohn and I return to the Apple-FBI fight, and I can’t help pointing out that Apple, the self-proclaimed champion of security, didn’t bother to tell its customers that it was no longer providing security patches to QuickTime on Windows. Alan manages to explain Apple’s thinking with two words: “on Windows.” The FBI’s decision to manage a child porn distribution node... Continue reading
Posted Apr 28, 2016 at Skating on Stilts
How secure is the grid -- and how sophisticated are the nations planning to attack it? Very sophisticated, is the short answer. Our guest for episode 111, Suzanne Spaulding, DHS’s Under Secretary for the National Protection and Programs Directorate, lays out just how much planning and resources went into the attack on Ukraine’s grid, what it means for US industry, the information sharing that can mitigate the consequences, and why the incident reinforces the need to stand up the Cyber and Infrastructure Protection Agency at DHS. Our news roundup concentrates on the draft Senate bill on encryption from Senators Burr and Feinstein. Not surprisingly, I find the critics to be mostly off target and occasionally unhinged in inimitable tech-sector fashion. Sen. Wyden condemns the bill, and no one is surprised. The White House ducks a fight over the legislation, and mostly no one cares any more. I offer the view that as more Silicon Valley firms adopt easy, universal, unbreakable crypto, the tide will slowly turn against them, as the list of crypto victims keeps getting longer. Kaitlin Cassel and Alan Cohn unpack the consequences for law firms of the Mossack Fonseca leak, and Suzanne Spaulding weighs in with advice... Continue reading
Posted Apr 15, 2016 at Skating on Stilts
Just how sophisticated are the nations planning and carrying out cyberattacks on electric grids? Very, is the short answer. Our guest for episode 111, Suzanne Spaulding, DHS’s Under Secretary for the National Protection and Programs Directorate, lays out just how much planning and resources went into the attack on Ukraine’s grid, what it means for US industry, the information sharing that can mitigate the consequences, and why the incident reinforces the need to stand up the Cyber and Infrastructure Protection Agency at DHS. Our news roundup concentrates on the draft Senate bill on encryption from Senators Burr and Feinstein. Not surprisingly, I find the critics to be mostly off point and occasionally unhinged in inimitable tech-sector fashion. Sen. Wyden condemns the bill, and no one is surprised. The White House ducks a fight over the legislation, and mostly no one cares any more. I offer the view that as more Silicon Valley firms adopt easy, universal, unbreakable crypto, the tide will slowly turn against them, as the list of crypto victims keeps getting longer. Kaitlin Cassel and Alan Cohn unpack the consequences for law firms of the Mossack Fonseca leak, and Suzanne Spaulding weighs in with advice for the legal... Continue reading
Posted Apr 13, 2016 at Skating on Stilts
Steptoe recently held a client briefing in its Palo Alto office to update clients on Chinese legal and regulatory developments affecting US technology companies. I took advantage of the event to sneak in a quick discussion with Susan Munro and Ying Huang of Steptoe's China practice, on how China is regulating the Internet, with special emphasis on data protection, data localization, and more. As always, the Cyberlaw Podcast welcomes feedback. Send an e-mail to or leave a message at +1 202 862 5785. Download the 110th episode (mp3). Subscribe to the Cyberlaw Podcast here. We are also now on iTunes and Pocket Casts! Continue reading
Posted Apr 13, 2016 at Skating on Stilts
In episode 109, we interview Perianne Boring of the Chamber of Digital Commerce on the regulatory challenges of bitcoin and the blockchain. In the news roundup, we bring back Apple v. FBI for what we hope will be one last round, as the San Bernardino magistrate voids her All Writs Act motion for mootness and attention shifts to other investigators hoping to crack iPhone security, both in the US and in Europe. In a change of pace, I dip into the Hillary Clinton email scandal, wondering whether US intelligence agencies caught foreign spies exploiting Clinton’s unsecured emails on her first trip to Asia. Alan Cohn reminds me that using government networks wouldn’t have exactly guaranteed their security. Kaitlin Cassel makes her first appearance on the podcast, explaining the FCC’s new ISP privacy rules. We all try, unsuccessfully, to figure out why the FTC is so sure it knows more about privacy and security regulation than the FCC. Alan and I explore the flap over insider-trading attacks on BigLaw, and I wonder out loud whether the whole story is hype. What’s not hype, however, is a breaking story on the biggest data spill in history, which outs the hidden assets of... Continue reading
Posted Apr 6, 2016 at Skating on Stilts