Search for: "Stewart Baker"
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16 May 2022, 5:14 pm
[Episode 407 of the Cyberlaw Podcast] Is the European Union (EU) about to save the FBI from Going Dark by essentially outlawing end-to-end encryption? Jamil Jaffer and Nate Jones tell us that a new directive aimed at preventing child sex abuse might just do the trick. That view is backed by people who've been fighting the bureau on encryption for years. The Biden administration is prepping to impose some of the toughest sanctions ever on Chinese camera maker Hikvision, Jordan Schneider reports.… [read post]
3 May 2022, 3:34 am
[Episode 405 of the Cyberlaw Podcast] Retraction: An earlier episode of the Cyberlaw Podcast may have left the impression that I think Google hates mothers. I regret the error. It appears that, in reality, Google only hates Republican mothers who are running for office. But to all appearances, Google really, really hates them. A remarkable, and apparently damning study disclosed that during the most recent federal election campaign, Google's Gmail sent roughly two-thirds of GOP campaign… [read post]
4 Apr 2022, 4:43 pm
[Episode 401 of the Cyberlaw Podcast] Spurred by a Cyberspace Solarium op-ed, Nate Jones gives an overview of cybersecurity worries in the maritime sector, where there is certainly plenty to worry about. I critique the U.S. government's December 2020 National Maritime Cybersecurity Strategy, a 36-page tome that, once the intro and summary and appendices and blank pages are subtracted, boils down to eight pages of substance. Luckily, the Atlantic Council has filled the void with its own report… [read post]
28 Feb 2022, 3:31 pm
I remind the audience about another of Baker's Law: "Privacy Law Principally Protects the Privileged [read post]
29 Nov 2021, 3:19 pm
[Episode 385 of the Cyberlaw Podcast] This week we celebrated International Tech Policy Week, which happens every year around this time, when American policymakers, the American execs who follow them, and the U.S. journalists who report on them all go home to eat turkey with their families and leave tech policy to the rest of the world. Leading off a review of China's contribution to the week, Paul Rosenzweig and Jordan Schneider cover Beijing's pressure on Didi to delist from a U.S.… [read post]
5 Nov 2018, 2:39 pm
Be sure to engage with Stewart on social media: @stewartbaker on Twitter and on LinkedIn. [read post]
1 Oct 2018, 1:25 pm
Episode 233 of the Cyberlaw PodcastIn this news-only episode, Nick Weaver and I muse over the outing of a GRU colonel for the nerve agent killings in the United Kingdom. I ask the question that is surely being debated inside MI6 today: Now that he's been identified, should British intelligence make it their business to execute Col. Chepiga? On a lighter note, Uber is paying $148 million to state AGs for a data breach that apparently had no adverse consequences and might not even have been a… [read post]
10 Sep 2018, 1:18 pm
Be sure to engage with Stewart on social media: @stewartbaker on Twitter and on LinkedIn. [read post]
11 Jun 2018, 1:17 pm
The 11th Circuit's LabMD decision is a dish served cold for Michael Daugherty, the CEO of the defunct company. The decision overturns decades of FTC jurisdiction, acquired over the years by a kind of bureaucratic adverse possession. Thanks to the LabMD opinion, practically all the FTC's privacy and security consent decrees are at risk of being at least partly unenforceable — and if the dictum holds, the FTC may have to show that everything it views as an "unfair" lack of… [read post]
29 May 2018, 9:13 am
This episode features a conversation with Nick Bilton, author of American Kingpin: The Epic Hunt for the Criminal Mastermind Behind the Silk Road. His book, out today in paperback, tells the story of Ross Ulbricht, the libertarian who created the hidden Tor site known as the Silk Road, and rode it to massive wealth, great temptation, and, finally, a life sentence. It's a fine read in its own right, but for those who know the federal government, the most entertaining parts concern the… [read post]
13 Mar 2018, 3:17 am
Our interview this week is with Ambassador Nathan Sales, the State Department's Counterterrorism Coordinator. We cover a Trump administration diplomatic achievement in the field of technology and terrorism that has been surprisingly undercovered (or maybe it's not surprising at all, depending on how cynical you are about press coverage of the Trump administration). We also explore new terrorism technology challenges and opportunities in social media, State's role in designating… [read post]
16 Jan 2018, 6:04 pm
It turns out that the most interesting policy story about Kaspersky software isn't why the administration banned its products from government use. It's why the last administration didn't. Shane Harris is our guest for the podcast, delving into the law and politics of the Kaspersky ban. Along the way, I ask why the Foreign Sovereign Immunities Act, which allows suits against foreign governments for torts committed in the United States, shouldn't allow suits against foreign… [read post]
2 Jan 2018, 12:13 pm
In the United States, the latest Iranian protests have sparked a kind of debate in which we argue fervently about whether the US should tweet its support or just shut up. At the risk of making the Trump administration look moderate, I think we can choose between more than waving our hands or sitting on them. Remember, when the Iranian regime decided it didn't like US activities in Iraq, it found considerably more direct ways to express its disapproval. It just started killing American troops. A… [read post]
18 Apr 2025, 2:27 pm
Porges (Principal, Porges Trade Law PLLC), Perry Bechky (Partner, Berliner Corcoran & Rowe LLP), and Stewart [read post]
18 Apr 2025, 2:27 pm
Porges (Principal, Porges Trade Law PLLC), Perry Bechky (Partner, Berliner Corcoran & Rowe LLP), and Stewart [read post]
18 Jul 2023, 7:16 am
[Episode 468 of the Cyberlaw Podcast] This episode of the Cyberlaw Podcast kicks off with coverage of a stinging defeat for the FTC, which could not persuade the courts to suspend the Microsoft-Activision Blizzard acquisition. Mark MacCarthy says that the FTC's loss paves the way for a complete Microsoft victory, as other jurisdictions begin to trim their sails. We credit Brad Smith, Microsoft's President, whose policy smarts likely helped to construct this win. Meanwhile, the FTC is still… [read post]
27 Jun 2023, 3:43 pm
[Episode 464 of the Cyberlaw Podcast] Sen. Schumer (D-NY) has announced an ambitious plan to produce a bipartisan AI regulation program in a matter of months. Jordan Schneider admires the project; I'm more skeptical. The rest of our commentators, Chessie Lockhart and Michael Ellis, also weigh in on AI issues. Chessie lays out the case against panicking over existential AI threats, this week canvassed in the MIT Technology Review. I suggest that anyone complaining that the EU or China is getting… [read post]
19 Sep 2022, 4:58 pm
[Episode 422 of the Cyberlaw Podcast] The big news of the week was a Fifth Circuit decision upholding Texas's law regulating social media speech suppression. The decision was poorly received by the usual supporters of social media censorship but I found it both remarkably well written and surprisingly persuasive. That does not mean it will survive the almost inevitable Supreme Court review but Judge Oldham wrote an opinion that could be a model for a Supreme Court decision upholding the Texas… [read post]
15 Sep 2022, 1:58 pm
[Some of the law around a New York Post Story] The NY Post today makes a troubling claim, attributed to FBI whistleblowers -- that without probable cause Facebook has given the FBI the private posts of conservatives upset about the 2020 election, triggering numerous investigations. The Post article offers some compelling details. My favorite is the agents' complaint that the project produced a very large volume of data about people who weren't really threats, thus wasting investigative… [read post]
14 Feb 2022, 4:51 pm
[Episode 394 of the Cyberlaw Podcast] The Cyberlaw Podcast has decided to take a leaf from the (alleged) Bitcoin Bandits' embrace of cringe rap. No more apologies. We're proud to have been cringe-casting for the last six years. Scott Shapiro, however, shows that there's a lot more to the bitcoin story than embarrassing social media posts. In fact, the government's filing after the arrest of Ilya Lichtenstein and Heather Morgan paints a forbidding picture of how hard it is to… [read post]
