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31 Jan 2022, 4:21 pm by Stewart Baker
[Episode 392 of the Cyberlaw Podcast] All of Washington is back from Christmas break, and suddenly the Biden Administration is showing a sharp departure from the Obama and Clinton years where regulation of Big Tech is concerned. Regulatory swagger is everywhere. Treasury regulatory objections to Facebook's cryptocurrency project have forced the Silicon Valley giant to  abandon the effort, Maury Shenk tells us, and the White House is initiating what looks like a major interagency effort to… [read post]
30 Jan 2024, 9:50 am by Stewart Baker
[Plus an interview with Rob Silvers on the Cyber Safety Review Board] This was a big week for AI-generated deep fakes. Sultan Meghji, who's got a new AI startup of his own, walked us through four stories that illustrate how AI will lead to more confusion about what's real and what's not. First, a fake Biden robocall urged people not to vote in the New Hampshire primary. Second, a bot purporting to offer Dean Phillips's views on the issues was penalized by OpenAI because it… [read post]
12 Dec 2023, 8:35 am by Stewart Baker
[Episode 485 of the Cyberlaw Podcast] This is 2023's last and probably longest episode. To lead off, Megan Stifel takes us through a batch of stories about ways that AI, and especially AI "alignment" efforts, manage to look remarkably fallible. Anthropic has released a paper showing that race, gender, and age discrimination by AI models is real but could be dramatically reduced simply by instructing the model to "really, really, really" avoid such discrimination. (The… [read post]
5 Dec 2023, 9:01 am by Stewart Baker
[Episode 484 of the Cyberlaw Podcast] In this episode, Paul Stephan lays out the reasoning behind U.S. District Judge Donald W. Molloy's decision enjoining Montana's ban on TikTok. There are some plausible reasons for such an injunction, and the court adopts them. There are also less plausible and redundant grounds for an injunction, and the court adopts those as well. Asked to predict the future course of the litigation, Paul demurs. It will all depend, he thinks, on the Supreme… [read post]
1 May 2018, 2:56 am by Stewart Baker
This episode features a new technology-and-privacy flap: The police finally catch a sadistic serial killer, and the press can't stop whining about DNA privacy. I argue that DNA privacy is in the running for Dumbest Privacy Issue of the Decade, in which it turns out that privacy is all about making sure the police can't use your data to catch killers. Paul Rosenzweig refuses to take the other side of that debate. Ray Ozzie has released a technical riposte to the condescending Silicon Valley… [read post]
7 Sep 2018, 9:07 am by Stewart Baker
Be sure to engage with Stewart on social media: @stewartbaker on Twitter and on LinkedIn. [read post]
4 Jun 2018, 1:36 pm by Stewart Baker
GDPR has finally arrived, Maury Shenk reminds us, bringing both expected and unexpected consequences. Among the expected: New Schrems lawsuits for more money from the same old defendants; and the wasting away of the cybersecurity resource that is WHOIS, as German courts ride to the rescue of insecurity — in the name of privacy. Also probably to be expected, at least for those who have paid attention to the history of technology regulation: The biggest companies are likely to end up boosting… [read post]
23 May 2018, 1:49 pm by Stewart Baker
In our 217th episode of The Cyberlaw Podcast, the blockchain and cryptocurrency team seizes control of the podcast again. Alan Cohn hosts another of the podcast's periodic deep dives into all things blockchain and cryptocurrency to discuss recent regulatory developments and the current state of play of the industry. Our episode begins by looking at the Department of Treasury's letter regarding initial coin offerings ("ICOs"). Jack Hayes tells us the key takeaways from the letter,… [read post]
5 Feb 2018, 2:03 pm by Stewart Baker
The crypto wars return to The Cyberlaw Podcast in episode 201, as I interview Susan Landau about her new book on the subject, Listening In: Cybersecurity in an Insecure Age. Susan and I have been debating each other for decades now, and this interview is no exception. In the news roundup, Brian Egan and Nick Weaver join me for the inevitable mastication of the Nunes memo. (My take: the one clear scandal here is the way Glenn Simpson and Chris Steele treated the US national security apparatus,… [read post]
4 May 2011, 7:26 am
In 2008, Stewart Baker, the Assistant Secretary for Policy at the Department of Homeland Security, sent [read post]
11 Sep 2014, 6:30 am by Dan Ernst
Wilderness: Chief Joseph's Advocacy for Nez Perce Tribal Land, 1872-1875"Tuesday Nov 11, 2014: Stewart [read post]
21 Jun 2024, 2:08 pm by Stewart Baker
[In this Congress, anyway.] For those who've followed the progress of a dangerous stealth quota provision in Congress, I'm pleased to report that what looked three weeks ago like a retreat on the issue has turned into a full-fledged rout. A new discussion draft of the widely touted American Privacy Rights Act (APRA) has been released. This bill was hailed as a bipartisan and bicameral compromise with overwhelming support when it first appeared. The original version contained a detailed… [read post]
26 Mar 2024, 4:53 am by Stewart Baker
[Episode 497 of the Cyberlaw Podcast] The Supreme Court is getting a heavy serving of first amendment social media cases. Gus Hurwitz covers two that made the news last week. In the first, Justice Barrett spoke for a unanimous court in spelling out the very factbound rules that determine when a public official may use a platform's tools to suppress critics posting on his or her social media page.  Gus and I agree that this might mean a lot of litigation, unless public officials wise up… [read post]
21 Feb 2024, 3:31 pm by Stewart Baker
[Episode 492 of the Cyberlaw Podcast] We begin this episode with Paul Rosenzweig describing major progress in teaching AI models to do text-to-speech conversions. Amazon flagged its new model as having "emergent" capabilities in handling what had been serious problems – things like speaking with emotion, or conveying foreign phrases. The key is the size of the training set, but Amazon was able to spot the point at which more data led to unexpected skills. This leads Paul and me to… [read post]
6 Feb 2024, 8:29 am by Stewart Baker
[Episode 490 of the Cyberlaw Podcast] It was a week of serious cybersecurity incidents and unimpressive responses. As Melanie Teplinsky reminds us, the U.S. government has been agitated for months about China's apparent strategic decision to hold U.S. infrastructure hostage to cyberattack in a crisis. Now the government has struck back at Volt Typhoon, the Chinese threat actor pursuing that strategy. It claimed recently to have disrupted a Volt Typhoon botnet by taking over a batch of… [read post]
31 Oct 2023, 7:23 am by Stewart Baker
[Plus Scott Shapiro on "Fancy Bear Goes Phishing" in episode 479 of the Cyberlaw Podcast] In this episode of the Cyberlaw Podcast, I take advantage of Scott Shapiro's participation to interview him about his book, Fancy Bear Goes Phishing – The Dark History of the Information Age, in Five Extraordinary Hacks. It's a remarkable tutorial on cybersecurity, told through stories that you may think you've already heard until you see what Scott has turned up by digging into… [read post]
18 Apr 2023, 5:12 pm by Stewart Baker
[Episode 453 of the Cyberlaw Podcast] Every government on the planet—or nearly so—announced last week an ambition to regulate artificial intelligence. Nate Jones and Jamil Jaffer take us through the announcements. What's particularly discouraging is the lack of imagination, as governments mostly dusted off their old prejudices to handle this new problem. Europe is obsessed with data protection, the Biden administration just wants to talk and wait and talk some more, while China must… [read post]
20 Jan 2023, 10:12 am by Stewart Baker
[Episode 438 of the Cyberlaw Podcast] In this bonus episode of the Cyberlaw Podcast, I interview Andy Greenberg,  long-time WIRED reporter, about his new book, Tracers in the Dark: The Global Hunt for the Crime Lords of Cryptocurrency. This is Andy's second author interview on the Cyberlaw Podcast. He was also interviewed about an earlier book, Sandworm: A New Era of Cyberwar and the Hunt for the Kremlin's Most Dangerous Hackers. They are both excellent cybersecurity stories. Tracers… [read post]
21 Nov 2022, 4:35 pm by Stewart Baker
[Episode 431 of the Cyberlaw Podcast] The Cyberlaw Podcast leads with the growing legal cost of Elon Musk's anti-authoritarian takeover of Twitter. Turns out that authority figures have a mean streak, and a lot of weapons, many grounded in law, as Twitter is starting to learn. Brian Fleming explores one of them—the apparently unkillable notion that the Committee on Foreign Investment in the U.S. (CFIUS) should review Musk's Twitter deal because of a relatively small share that went… [read post]
12 Sep 2022, 3:51 pm by Stewart Baker
[Episode 421 of the Cyberlaw Podcast] Gus Hurwitz brings us up to speed on major tech bills in Congress. They are all dead. But some of them don't know it yet. The big privacy bill, American Data Privacy and Protection Act, was killed by the left, but I argue that it's the right that should be celebrating, since the bill would have imposed race and gender preferences all across the economy, and the GOP members who supported the measure in the House were likely sold a bill of goods by… [read post]