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15 Nov 2021, 4:49 pm
[Episode 383 of the Cyberlaw Podcast] Two major Senate committees have reached agreement on a cyber incident reporting mandate. And it looks like the big winners are the business lobbyists who got concessions from both committees. At least that's my take. Dmitri Alperovitch adds that the bill may still be in trouble because of Justice Department opposition. And Tatyana Bolton not unfairly credits the Cyber Solarium Commission for getting incident reporting this close to passage. … [read post]
22 Jan 2024, 5:41 pm
[Cybertoonz is not impressed] The FTC has begun a new campaign against data brokers who are collecting and selling "sensitive" location information. Cybertoonz asks the obvious question.The post The FTC defines sensitive locations for data brokers appeared first on Reason.com. [read post]
13 Nov 2018, 3:28 am
Be sure to engage with Stewart on social media: @stewartbaker on Twitter and on LinkedIn. [read post]
8 Jan 2018, 4:26 pm
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,… [read post]
29 Aug 2016, 12:54 pm
Supreme Court decided Stewart v. Dutra Construction Company, 543 U.S. 481 (2005). [read post]
5 Apr 2013, 7:13 am
disagreement about what is currently legal and what should be in the future, follow the Orin Kerr and Stewart [read post]
7 Jun 2013, 6:54 am
records, emails, VOIP, etc.Over at the Volokh Conspiracy, "national security conservative" Stewart [read post]
15 May 2024, 1:19 pm
[And everywhere else -- as a very quiet part of the bipartisan "privacy" bill] More than two-thirds of Americans think the Supreme Court was right to hold Harvard's race-based admissions policy unlawful. But the minority who disagree have no doubt about their own moral authority, and there's every reason to believe that they intend to undo the Court's decision at the earliest opportunity. Which could be as soon as this year. In fact, undoing the Harvard admissions decision… [read post]
26 Mar 2024, 5:10 am
[Episode 498 of the Cyberlaw Podcast] The Biden administration has been aggressively pursuing antitrust cases against Silicon Valley giants like Amazon, Google, and Facebook. This week it was Apple's turn. The Justice Department (joined by several state AGs) filed a gracefully written complaint accusing Apple of improperly monopolizing the market for "performance smartphones." This questionable market definition will be a weakness for the government throughout the case, but the… [read post]
14 Mar 2024, 11:01 am
[An interview with Lee Licata -- Bonus Episode 496 of the Cyberlaw Podcast] This bonus episode of the Cyberlaw Podcast focuses on the national security implications of sensitive personal information. Sales of personal data have been largely unregulated as the growth of adtech has turned personal data into a widely traded commodity. This in turn has produced a variety of policy proposals – comprehensive privacy regulation, a weird proposal from Sen. Wyden (D-OR) to ensure that the US… [read post]
24 Oct 2023, 8:29 am
[Episode 478 of the Cyberlaw Podcast] This episode of the Cyberlaw Podcast begins with the administration's aggressive new rules on chip exports to China. Practically every aspect of the rules it announced just eight months ago was sharply tightened, Nate Jones reports. The changes are so severe, I suggest, that they make the original rules look like a failure that had to be overhauled to work. Much the same could be said about the Biden administration's plan for an executive order on AI… [read post]
20 Sep 2023, 1:27 pm
Goodlatte & Silver say yes; Ellis & Baker say no. [read post]
30 May 2025, 9:01 am
[Back Briefly from Hiatus: Episode 502 of the Cyberlaw Podcast] The Cyberlaw Podcast is back from hiatus – briefly! I've used the hiatus well, skiing the Canadian Ski Marathon, trekking through Patagonia, and having a heart valve repaired (all good now!). So when I saw (and disagreed with ) Orin Kerr's new book, I figured it was time for episode 502 of the Cyberlaw Podcast. Orin and I spend the episode digging into his book, The Digital Fourth Amendment: Privacy and… [read post]
13 Mar 2023, 5:27 pm
[Episode 448 of the Cyberlaw Podcast] This episode of the Cyberlaw Podcast kicks off with the sudden emergence of a serious bipartisan effort to impose new national security regulations on what companies can be part of the U.S. information technology and content supply chain. Spurred by a stalled CFIUS negotiation with TikTok, Michael Ellis tells us, a dozen well-regarded Democrat and Republican Senators have joined to endorse the Restricting the Emergence of Security Threats that Risk Information… [read post]
7 Mar 2023, 8:48 am
[Episode 446 of the Cyberlaw Podcast.] Chris Inglis was the first National Cyber Director at the White House, after a long and highly successful career at the National Security Agency (ending with seven years as Deputy Director). In his role as Cyber Director, he brought the office from one employee up close to its planned strength of nearly 100 staffers. He also oversaw the drafting of the first National Cybersecurity Strategy, leaving office just a couple of weeks before the strategy was publicly… [read post]
9 Sep 2022, 3:27 am
[Our best cybersecurity tool doesn't work very well for decentralized cryptocurrencies ] I explore the remarkable number of failures in cryptocurrency security for Lawfare. I argue that security really is worse for cryptocurrency, because the decentralization that proponents treasure makes it hard to safely disclose and fix security holes: Software security flaws … are ubiquitous in digital products. Like writers who can't see their own typos, most coders have trouble seeing how… [read post]
19 Jul 2022, 11:19 am
[Episode 417 of the Cyberlaw Podcast] Kicking off a packed episode, the Cyberlaw Podcast calls on Megan Stifel to cover the first Cyber Safety Review Board (CSRB) Report. The CSRB does exactly what those of us who supported the idea hoped it would do – provide an authoritative view of how the Log4J incident unfolded along with some practical advice for cybersecurity executives and government officials. Jamil Jaffer tees up the second blockbuster report of the week, a Council on Foreign… [read post]
3 Feb 2022, 4:06 pm
[Cybertoonz takes on "technology-adjacent" content moderation] The post It won't end with Spotify and Substack appeared first on Reason.com. [read post]
2 Feb 2022, 10:57 am
[The biggest beneficiaries of the narrative? Chinese and Russian technology firms] I've just published an article on Lawfare examining the frequent claims that face recognition has a serious bias against minorities and women. In fact, those claims are wrong, and the error is ceding the market (and the investment) to Chinese and Russian technology. Here are a few excerpts from the piece: If you've been paying attention to press and academic studies in… [read post]
13 Dec 2021, 6:14 pm
[Episode 387 of the Cyberlaw Podcast] All the cyberlawsuits that didn't get filed, or decided, over Thanksgiving finally hit the fan last week, and we're still cleaning up. But before that, I have to ask Dave Aitel for a sanity check on Log4Shell. Does it really deserve a 10 out of 10 for impact? And what does it mean for all the open source components buried in all our enterprise software? Dave's only piece of good news is that some big projects were far enough behind in updates that… [read post]
