Search for: "Stewart Baker"
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22 Jan 2018, 1:54 pm
In this guestless episode, 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… [read post]
13 Dec 2017, 6:39 am
I host the Cyberlaw Podcast, a weekly show that features an in-depth interview and an opinionated take on the week's news in cyber law and policy. Well, perhaps "opinionated" is a bit of an understatement, especially for libertarians. If you're hoping for something that is "often libertarian," as our masthead proclaims, I feel obliged to offer a trigger warning. As host, I'm openly skeptical of large parts of the libertarian canon, especially when it involves… [read post]
21 Jun 2015, 3:37 pm
and discovery means that the adversary had more time to pull off a cyber-heist of consequence, said Stewart [read post]
11 May 2014, 12:08 pm
As NSA General Counsel Stewart Baker has said, “metadata absolutely tells you everything about [read post]
30 May 2023, 4:41 pm
[Episode 459 of the Cyberlaw Podcast] This episode of the Cyberlaw Podcast features the second half of my interview with Paul Stephan, author of The World Crisis and International Law. But it begins the way many recent episodes have begun, with the latest AI news. And, since the story is squarely in scope for a cyberlaw podcast, we devote some time to the so-appalling-you-have-to-laugh-to-keep-from-crying story of the lawyer who relied on ChatGPT to write his brief. As Eugene Volokh noted in… [read post]
13 Dec 2022, 3:13 am
[Episode 434 of the Cyberlaw Podcast] It's been a news-heavy week, but we have the most fun in this episode with ChatGPT. Jane Bambauer, Richard Stiennon, and I pick over the astonishing number of use cases and misuse cases disclosed by the release of ChatGPT for public access. It is talented – writing dozens of term papers in seconds. It is sociopathic – the term papers are full of falsehoods, down to the made-up citations to plausible but nonexistent URLs for New York Times… [read post]
7 Jun 2022, 5:56 pm
[Episode 410 of the Cyberlaw Podcast] If you've been worrying about how a leaky U.S. government can possibly compete with China's combination of economic might and autocratic government, this episode of the Cyberlaw Podcast has a few scraps of good news. The funniest, supplied by Dave Aitel, is the tale of the Chinese gamer who was so upset at the online performance of China's tanks that he demanded an upgrade. When it didn't happen, he bolstered his argument by leaking… [read post]
28 Mar 2022, 4:58 pm
[Let's retire the .su country code] Paul Rosenzweig and I have an oped in WIRED on a particularly fitting sanction for Putin's Russia. Here's an excerpt: By the end of 1991, the Soviet Union was dead. But not its country code. Thirty years later, the Soviet Union endures in the imagination of a former KGB officer now in the Kremlin—and on the internet, where you can still register a domain like stalin.su. … Given its lack of positive value (and the happy end of… [read post]
22 Apr 2024, 7:27 am
[Episode 501 of the Cyberlaw Podcast] Okay, yes, I promised to take a hiatus after episode 500. Yet here it is a week later, and I'm releasing episode 501. This is my excuse. I read and liked Dmitri Alperovitch's book, "World on the Brink: How America Can Beat China in the Race for the 21st Century." I told him I wanted to do an interview about it. Then the interview got pushed into late April because that's when the book is actually coming out. So sue me. Anyway,… [read post]
7 Nov 2023, 9:04 am
[Episode 480 of the Cyberlaw Podcast] In a law-packed Cyberlaw Podcast episode, Chris Conte walks us through the long, detailed, and justifiably controversial SEC enforcement action against SolarWinds and its top infosec officer, Tim Brown. It sounds as though the SEC's explanation for its action will (1) force companies to examine and update all of their public security documents, (2) transmit a lot more of their security engineers' concerns to top management, and (3) quite possibly lead… [read post]
19 Mar 2018, 2:48 pm
All of Washington is mad at Silicon Valley these days, as our news roundup reveals. Dems and the media have moved on from blaming Hillary Clinton's loss on Vladimir Putin; now they're blaming Facebook and Cambridge Analytica. Gus Hurwitz and I have doubts about the claims of illegality, but I reprise my frequent critique of privacy laws: they are uniquely likely to be enforced against those who annoy governing elites (because they're so vague and disconnected from objectionable… [read post]
22 Dec 2017, 6:56 am
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… [read post]
26 Sep 2009, 1:39 am
On September 23rd, Theodore Olson and Therese Stewart filed a joint opposition to the motion for plaintiffs [read post]
18 Oct 2023, 7:46 am
[Episode 477 of the Cyberlaw Podcast] This episode of the Cyberlaw Podcast delves into a False Claims Act lawsuit against Penn State University by a former CIO to one of its research units. The lawsuit alleges that Penn State faked security documents in filings with the Defense Department. Because it's a so-called qui tam case, Tyler Evans explains, the plaintiff could recover a portion of any funds repaid by Penn State. Which is preferable to the alternative: If the employee was complicit in… [read post]
16 Oct 2023, 7:54 am
[Bonus episode 476 of the Cyberlaw Podcast] The debate over section 702 of FISA is heating up as the end-of-year deadline for reauthorization draws near. The debate is reflected in a report from the Privacy and Civil Liberties Oversight Board. That report was not unanimous. In the interest of helping listeners understand the report and its recommendations, the Cyberlaw Podcast has produced a bonus episode 476, featuring two board members who represent the board's divergent views—Beth… [read post]
8 Oct 2023, 8:56 am
[And what that means for for AI trust and safety in practice] Like all the big AI companies, Bing's Image Creator software has a content policy that prohibits creation of images that encourage sexual abuse, suicide, graphic violence, hate speech, bullying, deception, and disinformation. Some of the rules are heavy-handed even by the usual "trust and safety" standards (hate speech is defined as speech that "excludes" individuals on the basis of any actual or perceived… [read post]
3 Oct 2022, 6:17 pm
[Episode 424 of the Cyberlaw Podcast] We open today's episode with early news of the Supreme Court's decision to review whether section 230 protects platforms from liability for materially assisting terror groups whose speech they distribute (or even recommend). I predict that this is the beginning of the end of the house of cards that aggressive lawyering and good press have built for the platforms on the back of section 230. Why? Because Big Tech stayed out of the Supreme Court too… [read post]
26 Sep 2022, 4:53 pm
[Episode 423 of the Cyberlaw Podcast] This episode features a much deeper, and more diverse, examination of the Fifth Circuit decision upholding Texas's social media law than we did last week. We devote the last half of this episode to a structured dialogue between Adam Candeub and Alan Rozenshtein about the decision. Both have written about it, Alan critically and Adam supportively. I lead off, arguing that, contrary to legal Twitter's dismissive reaction, the opinion is a brilliant… [read post]
24 Jan 2022, 4:38 pm
[Episode 391 of the Cyberlaw Podcast] That's the question I had after reading Law and Policy for the Quantum Age, by Chris Hoofnagle and Simson Garfinkel. It's a gracefully written and deeply informative look at the commercial and policy prospects of quantum computing and several other (often more promising) quantum technologies, including sensing, communications, and networking. And it left me with the question that heads this post. So, I invited Chris Hoofnagle to an interview and came… [read post]
14 Dec 2017, 11:17 am
I'm struck by the kerfuffle over a text message sent by FBI agent Peter Strzok to Lisa Page, an FBI lawyer with whom he was apparently having an affair. The messages bash Trump and seem to favor Clinton at a time when Strzok was directing the investigation of Clinton's email server. That's very troubling, as is the fact that both participants moved to Robert Mueller's staff to investigate the President. As Justice Scalia noted, there's great risk that the people most eager… [read post]
