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22 Nov 2013, 8:23 am
Defending the proposition were two former homeland security officials Richard Falkenrath and Stewart [read post]
17 May 2010, 7:32 am
but to lighten the load on them, quite a few others: Ed Driscoll, sometime InstaPundit correspondent Stewart [read post]
19 Apr 2014, 4:28 pm
Randy Barnett of Georgetown and Stewart Baker, a former Bush Administration official. [read post]
16 Apr 2010, 5:09 am
center-right discomfort with large racial and gender preferences" contends, apropos of Justice Stewart [read post]
6 Dec 2010, 8:42 pm
Today, the Baker decision would have been decided to the same result and using the same reasoning as [read post]
22 Jan 2015, 6:53 am
Stewart Baker of Steptoe & Johnson in DC does not think so. [read post]
23 May 2023, 7:53 am
[Episode 458 of the Cyberlaw Podcast] This episode of the Cyberlaw Podcast features part 1 of our two-part interview with Paul Stephan, author of The World Crisis and International Law – a are deeper and more entertaining read than the title suggests. Paul lays out the long historical arc that links the 1980s to the present day. It's not a pretty picture, and it gets worse as he ties those changes to the demands of the Knowledge Economy. How will these profound political and economic… [read post]
13 Jun 2022, 4:52 pm
[Episode 411 of the Cyberlaw Podcast] This episode of the Cyberlaw Podcast is dominated by things that U.S. officials said in San Francisco last week at the RSA conference. We summarize what they said and offer our views of why they said it. Bobby Chesney, returning to the podcast after a long absence, helps us assess Russian warnings that the U.S. should expect a "military clash" if it conducts cyberattacks against Russian critical infrastructure. Bobby, joined by Michael Ellis… [read post]
6 Dec 2021, 6:55 pm
[Episode 386 of the Cyberlaw Podcast] Federal district judge Robert Pitman has enjoined enforcement of Texas's law regulating social media censorship. In this episode, the ruling sparks a fight between me and Nate Jones that ranges from how much weight should be given to the speech rights of social media to the Kyle Rittenhouse verdict imposed by Facebook when it decided he was guilty and wouldn't let anyone disagree. On the merits, as before, we agreed that the Obama appointee… [read post]
19 Sep 2023, 12:02 pm
[Episode 472 of the Cyberlaw Podcast] That's the question I have after the latest episode of the Cyberlaw Podcast. Jeffery Atik lays out the government's best case: that Google artificially bolstered its dominance in search by paying to be the default search engine everywhere. That's not exactly an unassailable case, at least in my view, and the government doesn't inspire confidence when it starts out of the box by suggesting it lacks evidence because Google did such a good job… [read post]
22 Jan 2018, 1:54 pm
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… [read post]
20 Jun 2023, 2:16 pm
Panelists include: Stewart Baker, former general counsel, National Security Agency and former assistant [read post]
12 Jul 2012, 9:05 pm
” thesis may depend on whether one accepts that the premised Vioxx toll has been established [Stewart [read post]
12 Mar 2024, 12:10 pm
[Episode 495 of the Cyberlaw Podcast] We open this episode by exploring the first National Cybersecurity Strategy, issued almost exactly a year ago. Since the only good way to judge a strategy is by its implementation, we pull in Kemba Walden, who was first the principal Deputy and then the Acting Cyber Director as the strategy came together. She is generally positive, and urges us to wait for the soon-to-be-released posture report from her old office. Kemba, meanwhile, has joined the Paladin… [read post]
14 Nov 2023, 5:45 am
[As covered in upcoming Cyberlaw Podcast episode 481] What the FTC said: "Conduct that may violate the copyright laws––such as training an AI tool on protected expression without the creator's consent or selling output generated from such an AI tool, including by mimicking the creator's writing style, vocal or instrumental performance, or likeness—may also constitute an unfair method of competition."* What the FTC meant, as explained by Cybertoonz: *Artificial… [read post]
26 Sep 2023, 9:37 am
[Episode 473 of the Cyberlaw Podcast] Our headline story for this episode of the Cyberlaw Podcast is the UK's sweeping new Online Safety Act, which regulates social median in a host of ways. Mark MacCarthy spells some of them out, but the big surprise is encryption. U.S. encrypted messaging companies used up all the oxygen in the room hyperventilating about the risk that end-to-end encryption would be regulated and bragging about their determination to resist. As a result, journalists have… [read post]
23 Jan 2023, 1:02 pm
[The Jan. 6 Committee uncovers a different kind of official norm-breaking ] The Jan. 6 committee exposed norm-breaking in surprising places. Take the conduct of Joint Chiefs of Staff Gen. Mark Milley, who abused the classified information system to hide information about how the Pentagon reacted to the Capitol riot. In my latest piece for Lawfare, I argue that Gen. Milley's conduct overclassified information in violation of the relevant executive order. Worse, it may have prejudiced some… [read post]
18 Feb 2022, 6:06 am
[An op-ed from the Washington Post] Here are excerpts from my ope-ed in today's Washington Post on the controversy over IRS use of face recognition: The plan sent Congress into a tizzy. Sen. Ron Wyden (D-Ore.) complained that "many facial recognition technologies are biased in ways that negatively impact vulnerable groups, including people of color, women, and seniors." Fifteen Republican senators objected that the face recognition system threatened to make… [read post]
29 Oct 2018, 1:21 pm
Be sure to engage with Stewart on social media: @stewartbaker on Twitter and on LinkedIn. [read post]
14 Feb 2018, 7:31 am
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… [read post]
