Search for: "Stewart Baker"
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2 Apr 2024, 6:22 am
[Episode 499 of the soon-to-be-suspended Cyberlaw Podcast] This episode is notable not just for cyberlaw commentary, but for its imminent disappearance from these pages and from podcast playlists everywhere. Having promised to take stock of the podcast when it reached episode 500, I've decided that I, the podcast, and the listeners all deserve a break. So, I'll be taking one after the next episode. No final decisions have been made, so don't delete your subscription, but… [read post]
7 Mar 2024, 2:29 pm
[Episode 494 of the Cyberlaw Podcast] The United States is in the process of rolling out a sweeping regulation for personal data transfers. But the rulemaking is getting limited attention, perhaps because it targets transfers to our rivals in the new Cold War – China, Russia, and their allies. Adam Hickey whose old office is drafting the rules, explains the history of the initiative, which stems from endless CFIUS efforts to impose such controls on a company-by-company basis. Now, with an… [read post]
23 Jan 2024, 7:20 am
[Episode 488 of the Cyberlaw Podcast] The Supreme Court heard argument last week in two cases seeking to overturn the Chevron doctrine, which requires courts to defer to administrative agencies in interpreting the statutes that the agencies administer. The cases have nothing to do with cybersecurity, but Adam Hickey thinks they're almost certain to have a big impact on cybersecurity policy. That's because, based on the argument, Chevron is going to take a beating from the Court, if… [read post]
22 Oct 2023, 5:13 pm
The effort by Missouri to enjoin the Biden administration's "jawboning" of social media companies has reached the Supreme Court. The Solicitor General filed a long brief seeking a stay of the Fifth Circuit's injunction and explaining why cert should be granted. The Court granted cert and the stay (the latter over three dissents). The SG's brief was remarkable for its innovative approach to the legal issues in the case, first proclaiming that states like Missouri have no… [read post]
7 Oct 2023, 4:16 pm
One of the biggest Supreme Court cases this year will be a Big Tech challenge to Texas and Florida laws that seek to impose limits and transparency on social media content regulation. Silicon Valley argues that these laws interfere with Big Tech's first amendment right to "cull and curate" what other people say on their platforms. The Biden administration agrees, arguing in its brief that deciding what users can and cannot say is not censorship but the constitutionally protected… [read post]
7 Sep 2022, 12:52 pm
[Episode 420 of the Cyberlaw Podcast] This is our return-from-hiatus episode. Jordan Schneider kicks things off by covering the passage of a major U.S. semiconductor-building subsidy bill, while new contributor Brian Fleming talks with Nick Weaver about new foreign investment restrictions on chip (and maybe other) technology companies, as well as new export controls on (artificial Intelligence (AI) chips going to China. Jordan also covers a big corruption scandal arising from China's big… [read post]
26 Apr 2022, 4:13 am
[Episode 404 of the Cyberlaw Podcast] This week in Silicon Valley bias: Google is planning to tell enterprise users of its word processor that words like "motherboard" and "landlord" are insufficiently inclusive for use in polite company. We won't actually be forbidden to use those words. Yet. Though that future has apparently already arrived in Mountain View, where at least one source says that "mainboard" is the only acceptable term for the electronics that used… [read post]
7 Feb 2022, 4:50 pm
So I remind listeners of Baker's Law of Evil Technology: "You won't know how evil [read post]
22 Nov 2021, 5:13 pm
[Episode 384 of the Cyberlaw Podcast] Among the many problems surfaced by the current social media enthusiasm for deplatforming is this question: What do you do with all the data generated by people you deplatformed? Facebook's answer, as you'd expect, is that Facebook can do what it wants with the data, which mostly means deleting it. Even if it's evidence of a crime? Yes, says the platform, unless law enforcement asks us to save it. The legal fight over a deplatformed group… [read post]
1 Jun 2023, 7:12 am
[Episode 460 of the Cyberlaw Podcast] In this bonus episode of the Cyberlaw Podcast, I interview Jimmy Wales, the cofounder of Wikipedia. Wikipedia is a rare survivor from the Internet Hippie Age, coexisting like a great herbivorous dinosaur with Facebook, Twitter, and the other carnivorous mammals of Web 2.0. Perhaps not coincidentally, Jimmy is the most prominent founder of a massive internet institution not to become a billionaire. We explore why that is, and how he feels about it. I ask Jimmy… [read post]
8 May 2023, 3:33 am
[And Cybertoonz is there!] The post The White House holds an AI summit appeared first on Reason.com. [read post]
22 Aug 2018, 9:13 am
My op-ed in the Washington PostWe need better, more aggressive options to deter cyberattacks, since the ones we've come up with so far are clearly not deterring our adversaries. I would like to inspire more ambition, aggressiveness, and creativity in the American response. As the first stage in that effort, here's an op-ed I published today in the Washington Post: The United States may have pioneered the idea of fighting wars in cyberspace, but it's our adversaries who are using… [read post]
17 Jul 2018, 4:23 am
Be sure to engage with Stewart on social media: @stewartbaker on Twitter and on LinkedIn. [read post]
9 Apr 2018, 1:57 pm
Our interview is with Chris Bing and Patrick Howell O'Neill of Cyberscoop. They've broken two cyberscoops in the last week or so. First, an in-depth look at Kaspersky's outing of a US cyberespionage program aimed at foreign terrorists. Hint to Kaspersky: Bringing out a brass band to warn terrorists that are being tracked by the US government is not likely to help you win your PR and legal battles in the United States. Chris Bing also covers his other scoop – the surprisingly… [read post]
14 Feb 2018, 1:13 pm
In this episode, Jamil Jaffer and I interview Glenn Gerstell, the General Counsel of the National Security Agency. Glenn explains what it was like inside the effort to reauthorize section 702 of FISA. Jamil and I ask him whether the FISA court has the authority to deal with material omissions in FISA applications, and he actually answers. Glenn also touches on how it feels to discover that data subject to a judicial retention order has been inadvertently deleted, on his secret exercise regime, on… [read post]
31 Jan 2018, 7:26 am
Jim Comey has tweeted his support for Andrew McCabe, who is leaving the No. 2 post at FBI early: "Special Agent Andrew McCabe stood tall over the last 8 months, when small people were trying to tear down an institution we all depend on. He served with distinction for two decades." I'm sure Andrew McCabe was an able agent for decades, but I can't join Jim Comey in celebrating the way McCabe did his job over the past year or two. That doesn't mean that all the White House and… [read post]
25 Jul 2023, 3:06 pm
[Episode 469 of the Cyberlaw Podcast] In our last episode before the August break, the Cyberlaw Podcast drills down on the AI industry leaders' trip to Washington, where they dutifully signed up to what Gus Hurwitz calls "a bag of promises." Gus and I parse the promises, some of which are empty, others of which have substance. Along the way, we examine the EU's struggling campaign to persuade other countries to adopt its AI regulation framework. Really, guys, if you don't… [read post]
10 Jul 2023, 3:56 pm
[Episode 467 of the Cyberlaw Podcast] It's surely fitting that a decision released on the 4th of July would set off fireworks on the Cyberlaw Podcast. The source of the drama was U.S. District Court Judge Terry Doughty's injunction prohibiting multiple federal agencies from leaning on social media platforms to suppress speech the agencies don't like. Megan Stifel, Paul Rosenzweig, and I could not disagree more about the decision, which seems quite justified to me, given the… [read post]
9 Jan 2023, 4:34 pm
[Episode 436 of the Cyberlaw Podcast] Our first episode for 2023 features Dmitri Alperovitch, Paul Rosenzweig, and Jim Dempsey trying to cover a months' worth of cyberlaw news. Dmitri and I open with an effort to summarize the state of play in the tech struggle between the U.S. and China. I say recent developments show the U.S. doing better than expected. U.S. companies like Facebook and Dell are engaged in voluntary decoupling as they imagine what their supply chains will look like if the… [read post]
12 Jan 2022, 2:09 pm
[Episode 389 of the Cyberlaw Podcast] When it comes to spurring remediation of the log4j bug, the FTC's other foot, I argue, is lodged firmly in its mouth. It has published what can only be described as a regulatory blog post, reminding everyone of the $700 million in fines imposed on Equifax and threatening "to use its full legal authority to pursue companies that fail to take reasonable steps to protect consumer data from exposure as a result of Log4j." Tatyana Bolton defends… [read post]
