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28 Mar 2022, 4:49 pm by Stewart Baker
Putin's Soviet empire nostalgia deserves a wakeup call; according to the authors (Rosenzweig and Baker [read post]
29 Jan 2024, 1:33 pm by Stewart Baker
[Cybertoonz gives the Commission a right of reply] Okay, maybe past Cybertoonz have been a little hard on the FTC in past issues, hinting that it has paid no attention to the national security concerns around personal data. In light of the Commission's recent ruling in the X-Mode case, it's become clear that the FTC is in fact focusing on how personal data is used to protect national security. So to give the Commission equal time on the issue, we've turned Cybertoonz over to Chair… [read post]
17 Jan 2024, 7:38 am by Stewart Baker
[Episode 487 of the Cyberlaw Podcast] Matthew Heiman kicks off this episode of the podcast with a breakdown of Russia's attack on Ukraine's largest mobile operator. The attack was strikingly effective in destroying much of Kyivstar's infrastructure, and strikingly ineffective in achieving any meaningful Russian objectives, since service was quickly restored. Perhaps to even up the score, Ukraine supporters launched an even less effective cyberattack on an Iranian medical software… [read post]
9 Jan 2024, 5:41 am by Stewart Baker
[Cybertoonz explains EU tech law in four panels] As covered in this week's Cyberlaw Podcast, the AI Act is getting some poor reviews—from the US Congress as well as Europe's tech sector. How could something like this happen in the home of the vaunted "Brussels Effect?" Fear not.  Cybertoonz has the explanation. The post The EU AI Act appeared first on Reason.com. [read post]
13 Nov 2018, 3:28 am by Stewart Baker
Be sure to engage with Stewart on social media: @stewartbaker on Twitter and on LinkedIn. [read post]
22 Oct 2018, 2:47 pm by Stewart Baker
Be sure to engage with Stewart on social media: @stewartbaker on Twitter and on LinkedIn. [read post]
2 Apr 2018, 2:23 pm by Stewart Baker
In the news roundup, Nick Weaver, Ben Wittes, and I talk about the mild reheating of the encryption debate, sparked not just by renewed FBI pleading but by the collapse of the left-lib claim that building law enforcement access into IT devices is impossible because, uh, math. The National Academy report on encryption access has demonstrated that access is well within the zone of plausible technology policy, with support from a group of prominent tech experts, such as Ray Ozzie, all of whom know… [read post]
24 Mar 2023, 9:30 pm by ernst
"Via History News Network: Erik Baker on "The History and Politics of the Right to Grieve. [read post]
6 Sep 2023, 12:46 pm by Stewart Baker
[Episode 470 of the Cyberlaw Podcast] The Cyberlaw Podcast is back from August hiatus, and the theme of our first episode is how other countries are using the global success of U.S. technology to impose their priorities on the U.S. Our best evidence is the EU's Digital Services Act, which took effect last month. Michael Ellis spells out a few of the Act's sweeping changes in how U.S. tech companies must operate – nominally in Europe but as a practical matter in the U.S. as well. The… [read post]
5 Dec 2022, 3:15 pm by Stewart Baker
[Episode 433 of the Cyberlaw Podcast] This episode of the Cyberlaw Podcast delves into the use of location technology in two big events – the surprisingly widespread lockdown protests in China and the January 6 riot at the U.S. Capitol. Both were seen as big threats to the government, and both produced aggressive police responses that relied heavily on government access to phone location data. Jamil Jaffer and Mark MacCarthy walk us through both stories and respond to my provocative question:… [read post]
23 May 2022, 5:19 pm by Stewart Baker
[Episode 408 of the Cyberlaw Podcast] This week's Cyberlaw Podcast covers efforts to get the Supreme Court to overturn the Texas law that treats social media platforms like common carriers and prohibits them from discriminating based on viewpoint when they take posts down. I predict that the Court won't override the appellate decision staying an unpersuasive district court opinion. Mark MacCarthy and I both think that the transparency requirements in the Texas law are defensible, but Mark… [read post]
22 Feb 2022, 4:26 pm by Stewart Baker
[Episode 395 of the Cyberlaw Podcast] Troops and sanctions and accusations are coming thick and fast in Ukraine as we record the podcast. Michael Ellis draws on his past experience at the National Security Council (NSC) to guess how things are going at the White House, and we both speculate on whether the conflict will turn into a cyberwar that draws the United States in. Neither of us thinks so, though for different reasons. Meanwhile, Nick Weaver reports, the Justice Department is gearing up… [read post]
8 Nov 2021, 5:06 pm by Stewart Baker
[Episode 382 of the Cyberlaw Podcast] We're joined for this episode by Scott Shapiro, long-time listener and first-time panelist, not to mention our first philosopher. He breaks down the Biden administration sanctions against four offensive cyber firms, most notably the Israeli company, NSO. Imposing Commerce Department "entity list" sanctions on companies from friendly countries for human rights abuses is a departure from historical practice, and exactly how it will work out… [read post]
3 Jul 2023, 4:59 pm by Stewart Baker
[Episode 466 of the Cyberlaw Podcast] Geopolitics has always played a role in prosecuting hackers. But it's getting a lot more complicated, as Kurt Sanger reports. Responding to a U.S. request, a Russian cybersecurity executive has been arrested in Kazakhstan, accused of having hacked Dropbox and Linkedin more than ten years ago. The executive, Nikita Kislitsin, has been hammered by geopolitics in that time. The firm he joined after the alleged hacking, Group IB, has seen its CEO arrested by… [read post]
1 Oct 2018, 1:25 pm by Stewart Baker
Be sure to engage with Stewart on social media: @stewartbaker on Twitter and on LinkedIn. [read post]
7 May 2018, 4:06 pm by Stewart Baker
Our interview is with Nick Schmidle, staff writer for the New Yorker. His report on cybersecurity work that goes to the edge of the law and beyond turns up some previously unreported material, including the tale of Shawn Carpenter, a cybersecurity researcher with a talent for showing up in all the best hackback stories. In the news, Jamil Jaffer reports on domain fronting, a weird form of protection for people hiding the site they're connecting to behind some bland Google or AWS site. Some of… [read post]
10 Apr 2023, 4:46 pm by Stewart Baker
[Episode 452 of the Cyberlaw Podcast] In this episode, we dive into some of the AI safety reports that have been issued in recent weeks. Jeffery Atik first takes us through the basics of attention-based AI, and then into reports on AI safety from OpenAI and Stanford. Exactly what AI safety covers remains opaque (and toxic, in my view, after the ideological purges committed in the name of "trust and safety" by Silicon Valley's content suppression bureaucracies). But there's no… [read post]
21 Feb 2023, 5:34 pm by Stewart Baker
[Episode 443 of the Cyberlaw Podcast] This episode of the Cyberlaw Podcast opens with a look at some genuinely weird AI behavior, first by the Bing AI chatbot – dark fantasies, professions of love, and lies on top of lies – and then by Google's AI search bot. Chinny Sharma and Nick Weaver explain how we ended up with AI that is better at BS'ing than at accurately conveying facts. This leads me to propose a scheme to ensure that China's autocracy never gets its AI… [read post]
30 Jan 2023, 5:40 pm by Stewart Baker
[Episode 440 of the Cyberlaw Podcast] The big cyberlaw story of the week is the Justice Department's antitrust lawsuit against Google and the many hats the company wears in the online ad ecosystem. Lee Berger explains the Justice Department's theory, which is not dissimilar to the Texas Attorney General's two-year-old lawsuit. When you've lost both the Biden administration and the Texas Attorney General, I suggest, you cannot look too many places for friends – and certainly… [read post]
19 Dec 2022, 2:42 pm by Stewart Baker
[Bonus Episode 435 of the Cyberlaw Podcast] Despite the title, rest assured that the Cyberlaw Podcast has not gone woke. This bonus episode is focused instead on how cybersecurity is undermined by the attorney-client privilege.  To explore that question, I interview Josephine Wolff and Dan Schwarcz, who along with Daniel Woods have written an article with the same title as this post. Their thesis is that breach lawyers have lost perspective as they've waged a no-holds-barred (and… [read post]