Publications Sign-Up

Publications Search

Your search criteria matched 129 items:

Steptoe Cyberlaw Podcast
Stewart A. Baker, Stephanie Roy, Michael Vatis, Jason M. Weinstein
Steptoe Cyberlaw Podcast – Interview with Bruce Andrews
Stewart A. Baker, Alan Cohn
July 28, 2015

In our seventy-seventh episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Alan Cohn discuss: US decides against publicly blaming China for data hack; furor continues over cybersecurity export control rule; Cyberweek begins and, the cyber left hopes, ends without progress on CISA; Neiman Marcus data breach suit revived by 7th Circ.; UK High Court invalidates data retention law, and makes legal history; France finalizes expansion of surveillance; Bush administration figures come out against back doors; Bloomberg says that the Chinese attempt to build a database on Americans didn’t begin with OPM or Anthem, but with the compromise of travel databases two years ago; FTC takes action against LifeLock for alleged violations of 2010 order; and one poor Ashley Madison subscriber is outed. And he’s Canadian. Looks like the nights really are longer up there. In our second half we have an interview with Bruce Andrews, the deputy secretary of the Commerce Department. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast – Interview with Annie Antón and Peter Swire
Stewart A. Baker, Michael Vatis, Jason M. Weinstein, Alan Cohn
July 21, 2015

In our seventy-sixth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Alan Cohn discuss: USA Freedom Act aftermath: DC Circuit received supplemental briefs on section 215; ACLU leads charge against the 215 program; Hacking Team doxxing draws attention to the risk involved in hiring hackers; FERC proposes to revise CIP rules with a focus on supply chain practices; Boston Hospital HIPAA settlement; Russia’s right to be forgotten is signed; this week in Prurient Cybersecurity: Hackers broke into Ashley Madison; and Listener Feedback: Maybe TLS isn’t just privacy theater; as attribution gets better, false flag operations do too. In our second half we have an interview with Annie Antón and Peter Swire, cybersecurity and privacy power couple and professors at Georgia Institute of Technology. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast – Interview with Michael Casey
Stewart A. Baker, Alan Cohn, Meredith Rathbone, Michael Vatis, Jason M. Weinstein
July 15, 2015

In our seventy-fifth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, Meredith Rathbone, Michael Vatis, and Jason Weinstein discuss: federal law enforcements’ issues with unbreakable encryption; Hacking Team was itself hacked; and the right to be forgotten still on the offensive. In our second half we have an interview with Michael Casey, former senior columnist for the Wall Street Journal and – as of last week – senior advisor at the MIT Media Lab’s Digital Currency Initiative. Michael is also the author, along with his former Wall Street Journal colleague Paul Vigna, of The Age of Cryptocurrency: How Bitcoin and Digital Money Are Challenging the Global Economic Order. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast – Interview with Catherine Lotrionte
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
July 7, 2015

In our seventy-fourth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Jason Weinstein, and Michael Vatis discuss: China’s new security law; FTC settles with a virtual currency mining app makers; This Week in Hacks: FBI report ties Anthem and OPM hack; Anthem class action filed; OPM class action; FTC releases new security guidance; Foreign Intelligence Surveillance Court reauthorizes metadata program; WikiLeaks rolls out more alleged NSA docs; Russia modifies its right to be forgotten bill. In our second half we have an interview with Catherine Lotrionte, Associate Director of the Institute for Law, Science and Global Security at Georgetown University. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast – Interview with Robert Knake
Stewart A. Baker, Jason M. Weinstein, Alan Cohn
June 30, 2015

In our seventy-third episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Jason Weinstein, and Alan Cohn discuss: attribution and the Astros Hack; WikiLeaks says NSA spied on French leaders; Google fights for Jake Applebaum; cyberattacks on Polish flight network; Google joins the fight on online harassment; and Toshiba and quantum cryptography. In our second half we have an interview with Robert Knake, Senior Fellow for Cyber Policy at the Council on Foreign Relations, where we discuss the OPM hack, attribution, and the pros and cons of norms. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast – Interview with James Baker
Stewart A. Baker, Michael Vatis, Jason M. Weinstein, Alan Cohn
June 23, 2015

In our seventy-second episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Alan Cohn discuss: growing threats to free speech: France’s censorship of Google; the European Court of Human Rights endorses liability for intermediaries; the Right to be Forgotten returns to Russia; Houston Astros’ database hack; FBI faces criticism over stingray disclosures and aerial surveillance; US Supreme Court boosts privacy rights in hotel case; White House orders all .gov sites to use SSL encryption; FISA court decides it doesn’t need an amicus; Sony is still at risk in an employee class action for the data breach; Hackback gets interest from a Congressional hearing; and In Other News: Jacob Applebaum appeals to the Chinese to release OPM files to Wikileaks; Glenn Greenwald stands up for Russia. In our second half we have an interview with James Baker, General Counsel of the FBI, where we discuss the FBI’s aerial surveillance capabilities, stingrays, “Going Dark,” encryption, and the bureau’s attribution of cyberattacks. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast – Interview with David Anderson
Stewart A. Baker, Michael Vatis, Jason M. Weinstein, Alan Cohn
June 17, 2015

In our seventy-first episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Alan Cohn discuss: this week in Snowden: British press reports that Russia and China have decrypted the entirety of Snowden’s files; follow-up news on the Office of Personnel Management hack; Senator McConnell’s effort to put CISA as National Defense Authorization Act amendment fails; attacks on NSA continue in the House; New York’s proposed Bitcoin regulations; Connecticut amends data breach notification law; and Twitter’s lawsuit over transparency. In our second half we have an interview with David Anderson, Queens Counsel at Brick Court Chambers, as well as the Independent Reviewer of Terrorism Legislation, a position he was appointed by the Home Secretary in 2011. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Cybersecurity Export Controls - Proposed Changes In US Rules
Alexandra Baj, Stewart Baker, Jack Hayes, Andy Irwin, Ed Krauland, Meredith Rathbone, and Michael Vatis
June 10, 2015, The Government Contractor
Steptoe Cyberlaw Podcast – Interview with Dan Kaminsky
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
June 9, 2015

In our seventieth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss: this week in NSA: the USA Freedom bill takes effect; a New York Times article claims that the NSA’s cybersecurity monitoring is a privacy issue; failed MasterCard settlement with Target; Office of Personnel Management hack; US response to Russia’s censorship laws; Supreme Court ruling on online threats; and FBI asks for CALEA to be expanded to social media. In our second half we have an interview with Dan Kaminsky, Chief Scientist at WhiteOps and the cybersecurity researcher who found and helped fix a DNS security flaw. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast – Interview with Julian Sanchez
Stewart A. Baker, Alan Cohn, Michael Vatis
May 27, 2015

In our sixty-eighth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, and Michael Vatis are joined by Julian Sanchez, senior fellow at the CATO Institute. They discuss: this week in NSA: the fate of the 215 metadata program; insurance coverage for data breaches; the US indictment of six Chinese economic espionage agents; CCIPS and the Justice Department release a draft paper private cyber-investigation; the personal data orphaned by Radio Shack’s bankruptcy; and Julian and Stewart mix it up over the new, revived Crypto Wars. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


BIS Proposes Cybersecurity Export Control Rule: Significant Changes Possible
Ed Krauland, Meredith Rathbone, Alexandra Baj, Andy Irwin, Jack Hayes, Stewart Baker, and Michael Vatis
May 21, 2015
Steptoe Cyberlaw Podcast - Interview with Dan Geer
Stewart A. Baker, Alan Cohn, Michael Vatis, Jason M. Weinstein
May 18, 2015

In our sixty-seventh episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Alan Cohn, Michael Vatis, and Jason Weinstein are joined by Dan Geer, Chief Information Security Officer at In-Q-Tel. They discuss: this week in NSA: what’s on top this week for the 215 metadata program; border laptop searches; an FTC FOIA case; hacking airplanes in flight; FBI’s Stingray guidance; and the first anniversary of the “Right to be Forgotten.” In our second half we have an interview with Dan Geer, a legendary computer security commentator and current CISO for In-Q-Tel. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


The European Commission’s Digital Single Market Strategy: What’s in It for Financial Services and Insurance?
Philip Woolfson, Jean Russotto, Guy Soussan, Stewart A. Baker, Jason M. Weinstein, Daniella Terruso, Maury Shenk
May 15, 2015
Steptoe Cyberlaw Podcast - Triple Entente Beer Summit
Stewart A. Baker, Michael Vatis
May 11, 2015

In our sixty-sixth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis are joined by Ben Wittes, Tamara Wittes, and Shane Harris from the Lawfare and Rational Security podcasts at the Triple Entente Beer Summit. They discuss: this week in NSA: the Second Circuit’s decision on Section 215; Mike Morell’s book, "The Great War of Our Time;" and this week in French and German hypocrisy. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Bruce Schneier
Stewart A. Baker, Jason M. Weinstein
May 5, 2015

In our sixty-fifth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss: Congress introduces new bills to end bulk NSA surveillance; the Supreme Court will decide who can sue under privacy law; Cryptowall spread via faked flash-based ads on HuffPo and other sites; FCC says it doesn’t regulate Stingrays; and the DOJ releases cybersecurity guidance. In our second half we have an interview with Bruce Schneier, cryptographer, computer science and privacy guru, and author of "Data and Goliath." The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


DOJ Issues New Cyberattack Response Playbook
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
May 4, 2015
Steptoe Cyberlaw Podcast - Interview with Mary DeRosa
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
April 28, 2015

In our sixty-fourth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Maury Shenk discuss: the New York Times coverage of the Uranium One deal and the corresponding cash flow into the Clinton Foundation; the House passes two cyber information sharing bills; the EU’s digital commissioner urges regulation of US tech companies; UK police chief calls US internet companies ‘terrorist-friendly’; news from RSA; and another FTC privacy case is settled. In our second half we have an interview with Mary DeRosa, former Deputy Assistant and Deputy Counsel to the President, and National Security Council Legal Adviser in the Obama Administration, and currently a Distinguished Visitor from Practice at the Georgetown University Law Center. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Alan Cohn
Stewart A. Baker, Michael Vatis, Jason M. Weinstein, Douglas Kantor
April 21, 2015

In our sixty-third episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Doug Kantor discuss: cyber week in Congress; the EU launches two competition cases, an e-commerce sector inquiry and Google; law enforcement officials pay megacode ransom; Google Wallet privacy suit; the SEC takes heat for its ECPA stand; Wikileaks posts searchable Sony database; and China bank technology regulation causes turmoil. In our second half we have an interview with Alan Cohn, former Assistant Secretary for Strategy, Planning, Analysis & Risk in the DHS Office of Policy and a recent addition at Steptoe. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Dmitri Alperovitch
Stewart A. Baker, Michael Vatis
April 14, 2015

In our sixty-second episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis are joined by Dmitri Alperovitch, co-founder and CTO of CrowdStrike Inc. and former Vice President of Threat Research at McAfee, to discuss: the Mississippi Attorney General’s loss to Google on subpoenas; the DEA’s bulk collection program; AT&T pays $25 million for data breach; the comeback of split-key escrowed encryption; copies of “The Interview” are dropped into North Korea by balloon; Verizon’s super cookie is under investigation; Sprint settles DOJ lawsuit over wiretap cost reimbursement; and podcast patent is ruled invalid. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Joseph Nye
Stewart A. Baker, Michael Vatis, Meredith Rathbone, Bennett Evan Cooper, Maury Shenk
April 7, 2015

In our sixty-first episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Meredith Rathbone, Ben Cooper, and Maury Shenk discuss: the Obama Administration’s new sanctions program on cyber attackers; the Ninth Circuit decision refusing to apply disability accommodation requirements to web-only businesses; arguments over the data protection Safe Harbor before the European Court of Justice; China boosts military cyber budget by up to 30%; Secret Service, DEA agents indicted for stealing bitcoins; and Raspberry Pi devices are being used for “war shipping”. In our second half we have an interview with Joseph Nye, former dean of the Kennedy School at Harvard, three-time national security official for State, Defense, and the National Intelligence Council, and author of “Is the American Century Over?”. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


New US Sanctions Target Cyber Attacks
Jack Hayes , Andrew D. Irwin, Jessica Piquet Megaw, Edward J. Krauland, Anthony Rapa, Meredith Rathbone, Stewart Baker, and Michael Vatis
April 6, 2015
Steptoe Cyberlaw Podcast - Interview with Paul Rosenzweig
Stewart A. Baker, Michael Vatis
March 31, 2015

In our sixtieth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis are joined by Paul Rosenzweig, founder of Red Branch Consulting PLLC and Senior Advisor to The Chertoff Group to discuss: Australia and Belarus embracing data retention as the EU backs away; the US taking its concern over China's proposed technology regulations to the World Trade Organization; Section 230 of the Communications Decency Act is still a hot topic in cyberlaw; whether Florida's intercept law has been eviscerated by the 11th Circuit; the House cybersecurity information sharing bill; the latest developments in ICANN; and Germany’s privacy laws and what role they played in the Germanwings crash. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Richard Bejtlich
Stewart A. Baker, Michael Vatis, Jennifer Quinn-Barabanov, Maury Shenk
March 24, 2015

In our fifty-ninth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jennifer Quinn-Barabanov, and Maury Shenk discuss: China’s acknowledgement that it has a cyberwar strategy; the Judicial Conference Advisory Committee on Criminal Rules’ vote to amend Rule 41; automakers facing cybersecurity class action lawsuits; the UK’s plan to regulate bitcoin; Target’s $10 million settlement; and China’s effort to exclude US technology companies from its market. In our second half we have an interview with Richard Bejtlich, Chief Security Strategist at FireEye, adviser to Threat Stack, Sqrrl, and Critical Stack, and fellow at Brookings Institution. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Dr. Andy Ozment
Stewart A. Baker, Michael Vatis, Jason M. Weinstein, Stephanie Roy
March 17, 2015

In our fifty-eighth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Stephanie Roy discuss: how far the net neutrality order goes in opening the door to expanded CALEA and cybersecurity requirements; AT&T's challenge to the FTC’s throttling jurisdiction; Hillary Clinton’s e-mail server being unprotected for months; the Wyndham case going to the Third Circuit; the federal response to Microsoft in the Irish warrant case; China putting their draft counterterrorism law on hold; and the FREAK vulnerability. In our second half we have an interview with Dr. Andy Ozment, Assistant Secretary for Cybersecurity & Communications at US Department of Homeland Security. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Navigating Joint CFIUS And DSS Jurisdiction
Stewart A. Baker, Stephen Heifetz
March 16, 2015, Law360
CFIUS 2013 Annual Report: Sustained Increase in Investigations
Stewart A. Baker, Stephen Heifetz, Edward J. Krauland, Timothy M. Walsh, Alexis J. Early, Andrew M. Bardi, and Kaitlin A. Cassel
March 12, 2015
Steptoe Cyberlaw Podcast - Interview with Mike Rogers
Stewart A. Baker, Douglas Kantor, Maury Shenk
March 10, 2015

In our fifty-seventh episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Doug Kantor, and Maury Shenk discuss: China’s technology policy gets even tougher; Edward Snowden says he is willing to come back to the US for a fair trial; he also says that would love to live in Switzerland; what are the prospects for a June 1 renewal of the NSA’s Section 215 metadata program?; leaks show that the EU data protection regulations is getting an overhaul; the Obama administration has proposed privacy legislation of its own; and the Senate Intelligence committee’s information sharing bill is stalled. In our second half we have an interview with Congressman Mike Rogers, CNN national security commentator and host of a nationally-syndicated radio commentary for Westwood One. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Navigating Joint CFIUS and DSS Jurisdiction
Stewart A. Baker, Stephen Heifetz, Edward J. Krauland, Timothy M. Walsh, Andrew M. Bardi, Kaitlin A. Cassel, and John C. London
March 3, 2015
Steptoe Cyberlaw Podcast - Interview with Siobhan Gorman
Stewart A. Baker, Michael Vatis, Stephanie Roy
March 3, 2015

In our fifty-sixth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Stephanie Roy are joined by Siobhan Gorman, Director at the Brunswick Group and former National Security Correspondent at the Wall Street Journal, to discuss: the FCC’s net neutrality order and its implications; Benjamin Lawsky, NY superintendent of Financial Services, proposes new cybersecurity rules for banks; China’s proposed new rules for US technology firms; class action suit filed against Lenovo; and this week in cyberwar and attribution: DNI attributes cyberattack on the Sands Las Vegas to Iran; Snowden leaks attribute US bank and Saudi Aramco attacks to Iran; Sony aftermath prompts government debate over roles. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Nuala O’Connor
Stewart A. Baker, Jason M. Weinstein
February 24, 2015

In our fifty-fifth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Jason Weinstein discuss: GCHQ accused of stealing cell phone encryption keys en masse; the fight over Rule 41 – Google v. DOJ; new filings revive interest in the Twitter first amendment claim; Yahoo beats the government’s indefinite gag order, at least before Magistrate Judge Grewal; and Lenovo pulls Superfish app after security warnings. In our second half we have an interview with Nuala O’Connor, President and CEO of the Center for Democracy and Technology. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Ben Wittes
Stewart A. Baker, Jason M. Weinstein
February 19, 2015

In our fifty-fourth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Jason Weinstein discuss: President Obama’s cybersecurity summit; Attorney Generals’ critique Anthem for their delay in identifying potential victims of the hack; NSA wins a round against the Electronic Frontier Foundation in Jewel case; two Kaspersky security reports identify new hacking tactics and dangers for computer networks; up to $1 billion stolen from banks in cyberheist; NY State Department of Financial Services issues report on insurance company cybersecurity; and the “Equation” Group used firmware exploits to access a variety of hard drives. In our second half we have an interview with Ben Wittes, co-founder and editor in chief of Lawfare. Ben and Stewart discuss Ben’s forthcoming book, The Future of Violence, co-authored with Gabriella Blum. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Alexander Klimburg
Stewart A. Baker, Michael Vatis, Jason M. Weinstein, Douglas Kantor, Stephanie Roy
February 10, 2015

In our fifty-third episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, Doug Kantor, and Stephanie Roy discuss the Anthem breach: China suspected in the hack of health; Anthem did not encrypt data; FCC Chairman Tom Wheeler announces that he is circulating a proposal on net neutrality; reports put broker-dealers on cybersecurity notice; President Obama unveils modified NSA data collection rules; PCLOB releases a report card for the administration; UK access to NSA mass surveillance data is now considered legal; Google advisory group recommends limiting the right to be forgotten to the European Union; and Congressional overview: Information sharing; National data breach law; Criminal law tweaks; President Obama asks for $14 billion to step up cybersecurity. In our second half we have an interview with Alexander Klimburg, a senior research fellow at the Hague Centre for Strategic Studies. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Rebecca Richards
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
February 3, 2015

In our fifty-second episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss the DEA is collecting license plate data; Wikileaks-Google flap; all things FTC: Staff report on the Internet of Things; FTC settles 53 data security cases to date; FTC is now regulating to telecommunications throttling; FCC starts regulating hotels; Schools get COPA reprieve; FTC bans revenge porn website operator; and China’s policies on cybersecurity and encryption. In our second half, we have an interview with Rebecca Richards, NSA’s director of privacy and civil liberties. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Thomas Rid and Jeffrey Carr
Stewart A. Baker, Michael Vatis, Jason M. Weinstein, Edward J. Krauland
January 27, 2015

In our fifty-first episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Ed Krauland discuss: more details emerging on the secret DEA phone log database; in the wake of the attacks the EU wants to force internet and phone companies to turn over encryption keys and asks tech firms to remove more EU content; cellphone companies avoid some wiretap claims in multidistrict litigation case involving Carrier IQ; another setback for LabMD in its challenge to the FTC; the US eases restrictions on telecom, Internet, and related financial services for Cuba; and shocking poll shows that the NSA is holding its own in public confidence. In our second half we have an interview with Thomas Rid, Professor of Security Studies at King’s College London and author of ‘Cyber War Will Not Take Place,’ and Jeffrey Carr, CEO of Taia Global. They debate cyberattack attribution. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with David Sanger
Stewart A. Baker, Michael Vatis
January 21, 2015

In our fiftieth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis discuss President Obama’s proposed cybersecurity legislation in State of the Union address; Europe’s expanded surveillance in wake of Charlie Hebdo killings; the National Academy of Sciences study group finds no easy substitute for bulk data collection; the DEA’s bulk metadata program is disclosed; pro-ISIS group compromises Central Command’s Twitter and Youtube accounts; and Prime Minister Cameron lobbies President Obama on encryption. In our second half we have an interview with David Sanger, the chief Washington correspondent for The New York Times and author of ‘Confront and Conceal: Obama's Secret Wars and Surprising Use of American Power.’ He discusses his latest story on how North Korea developed its cyberattack network, and how the National Security Agency managed to compromise the network sufficiently to attribute the Sony attack. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Juan Zarate
Stewart A. Baker, Michael Vatis, Jason M. Weinstein, Meredith Rathbone
January 15, 2015

In our forty-ninth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Meredith Rathbone are joined by Juan Zarate, a senior adviser at the Center for Strategic and International Studies (CSIS), in a discussion of new credit cards may fall short on fraud control; FBI says warrants are not needed for stingrays; EU data supervisor presses for privacy overhaul in 2015; Lyft and Uber answer Senator Franken on privacy; NY District Attorney criticizes Apple, Google for phone encryption plans; German government sites shut down by cyberattack; Sony hackers ‘Got Sloppy’ says FBI director; FBI asks for information sharing; FCC will continue punishing data security violations; Russia extends deadline for data localization; and French terror attacks will affect surveillance in both Europe and the US. In our second half, Juan Zarate offers his insights on US sanctions on North Korea following the Sony attack. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Jim Lewis
Stewart A. Baker, Michael Vatis, Jason M. Weinstein, Stephanie Roy
January 7, 2015

In our forty-eighth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Stephanie Roy are joined by Jim Lewis, a senior fellow and director of the Strategic Technologies Program at CSIS, in a discussion of: will fingerprint phone locks protect you from the police?; Google faces $18m fine from Dutch privacy watchdog; over 80% of dark net traffic goes to child abuse sites; German iron plant suffers severe damage due to cyberattack; NSA forced to disclose oversight reports of past violations; the FCC and FTC are increasingly policing the same beat, such as text message “cramming” and privacy and security failures; FBI investigates banks for revenge hacking of Iran; and an update on the Sony hack. In our second half, Jim Lewis offers his insights on China’s approach to cyber conflict. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Sony Cyberattacks by North Korea Only the First of Many Hacks to Come
Stewart A. Baker
December 19, 2014, New York Daily News
Steptoe Cyberlaw Podcast - Interview with Joanne McNabb
Stewart A. Baker, Jason M. Weinstein, Christopher R. Conte
December 16, 2014

In our forty-seventh episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Jason Weinstein, and Chris Conte, discuss this week in NSA: the FISA court renews the section 215 orders for metadata; the GCHQ allegedly broke into Belgacom; Russia’s cyberattack of Turkish oil pipeline; amicus brief filed in support of Microsoft on behalf of Verizon, Cisco, HP, eBay, Salesforce, and Infor; Sony breach fallout continues to be severe; new rules from the SEC on cybersecurity; five cybersecurity bills pass in Congress; and Iranian hack of the Sands Casino Resort may be the first cyberattack on US soil. In our second half, we have an interview with Joanne McNabb, Director of Privacy Education and Policy for the California Attorney General’s Office. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Ralls May Give Foreign Investors More Leverage With CFIUS
Stewart Baker and Stephen Heifetz
December 11, 2014, Law360
National Security Expert: Why North Korea Should Be Held Responsible for Sony Hack
Stewart A. Baker
December 11, 2014, The Hollywood Reporter
Steptoe Cyberlaw Podcast - Interview with Shane Harris
Stewart A. Baker, Michael Vatis, Jason M. Weinstein, Douglas Kantor
December 9, 2014

In our forty-sixth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Doug Kantor, discuss this week in NSA: Ryan Gallagher’s NSA story on The Intercept is almost unreadable; this week in GCHQ: a British tribunal has cleared GCHQ of human rights violations; The perceived weakness of the US MLAT process; this week in Breaches: a ruling in the Target case results in actual law; Boston Hospital settles a breach case; and Sony Hack: Was it North Korea? What is the potential additional liability beyond that of a typical privacy breach. In our second half, we have an interview with returning guest, Shane Harris, senior writer at Foreign Policy magazine, where he covers national security, intelligence, and cyber security. His latest book, @War: The Rise of Military-Internet Complex, discusses the past, present and future of cyber-conflict. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


A Week of Bad News and Good News in Cybersecurity – Here’s What You Need to Know
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
December 8, 2014
Ralls November Order: More Leverage for Foreign Investors Before CFIUS?
Stewart Baker, Stephen Heifetz, Edward Krauland, Timothy Walsh, Andrew Bardi, and Kaitlin Cassel
December 4, 2014
Steptoe Cyberlaw Podcast - Interview with Troels Oerting
Stewart A. Baker, Michael Vatis, Jason M. Weinstein, Douglas Kantor
December 2, 2014

In our forty-fifth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Doug Kantor, discuss this week in NSA: NSA’s privacy officer, Becky Richards, gives an interview; Symantec claims to have uncovered a highly sophisticated piece of malware developed by state-sponsored “English speakers;” Angela Merkel’s phone was also tapped by the British, the Chinese, the Russians and the North Koreans; the Supreme Court hears an argument about when online abuse passes from colorful rap-lyric imitation to prosecutable threats; what the newly republican-dominated Congress means for cybersecurity; an overview of the growing library of lawsuits against Home Depot; US tech companies come under fire by the Article 29 Working Party; the Justice Department has a success in its campaign against spyware; and the All Writs Act may now be a part of the future of US tech companies. In our second half, we interview Troels Oerting, the Assistant Director and Head of European Cybercrime Centre (EC3), as well as the Head of Counter Terrorist and Financial Intelligence Centre (CTFC). The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Sal Stolfo
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
November 26, 2014

In our forty-fourth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein, discuss this week in NSA: Section 215 appears to be sticking around; NSA director, Admiral Michael Rogers, is warning that China has the ability to bring down the electric grid in the United States; Insecam’s massive criminal confession has come to an end; this week in the FTC: The long running Wyndham dispute is going to mediation; The FTC settles with TRUSTe; AT&T has filed an amicus brief demanding clearer standards before the government can get access to location information; Baltimore abandons a criminal case to keep from describing the technology and how it’s used; this week in the right to be forgotten: Google's Global Privacy Council, Peter Fleischer, disclosed new details about how the search giant administers the right; Norway has adopted the doctrine; France fines Google for refusing to apply a French defamation takedown order to its Google.com domain; and Uber comes under fire over its ability to routinely track where people are going and to compile a dossier on someone if it wants to. In our second half, we interview Salvatore Stolfo, Professor at Columbia University’s Computer Science Department and the CEO of Allure Software. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Ambassador Sepulveda
Stewart A. Baker, Michael Vatis, Jason M. Weinstein, Markham Cho Erickson
November 20, 2014

In our forty-third episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein, and Markham Erickson discuss this week in NSA: the USA Freedom Act is showing signs of life as Sen. Reid promises Sen. Leahy floor time in the lame duck session; the US raises cyber charges against China; the week’s new feature the “Law Behind the Headlines”: Insecam website streams video from surveillance cameras still using manufacturers’ default login credentials; law enforcement uses flying DRT Boxes and ground-based stingrays to imitate cell towers and accurately locate particular phones; the Ninth Circuit will revisit the “Innocence of Muslims” copyright ruling; this week in data breaches: Anthem Blue Cross puts medical advice and data in the subject line of its emails to patients; Argentina’s Supreme Court joins the debate over search engine liability; and Google weighs in on another privacy issue, taking Europe’s side in the debate over whether and how non-Americans should be covered by the Privacy Act. In our second half, we interview Ambassador Sepulveda, Deputy Assistant Secretary of State and US Coordinator for International Communications and Information Policy in the State Department’s Bureau of Economic and Business Affairs (EB). The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


How the Visa Waiver Program is Keeping America Safe
Stewart Baker, Marc Frey, and Stephen Heifetz
November 2014
Steptoe Cyberlaw Podcast - Interview with Orin Kerr
Stewart A. Baker, Stephanie Roy, Michael Vatis
November 12, 2014

In our forty-second episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Stephanie Roy are joined by Orin Kerr, computer crime law guru and professor of law at Georgetown Washington University, in a discussion of this week in NSA: both the NSA and GCHQ directors comment on Silicon Valley’s data encryption policies; The election’s effect on the bills intended to deal with the section 215 metadata program; The DC Circuit heard argument in the appeal of Judge Leon’s famously exclamatory invalidation of the 215 metadata program; the Nebraska Supreme Court weighs in on the Supreme Court’s decision in Riley; according to the Southern District of New York, webmail provider’s terms of use determine whether the contents of webmail accounts are protected from government searches; they are also in the process of preparing to fight with a resistant phone manufacturer to get help unlocking a suspect’s phone; the President comments on Net Neutrality; a Virginia court has ruled that suspects may be forced to apply their fingers to cellphones protected by fingerprint readers; Google finishes its “right to be forgotten” road trip in Europe; Sweden joins the UK in demanding continued retention despite a European Court of Justice ruling against the directive that originally led to retention requirements; and the financial industry calls for more activists government action relating to cybersecurity. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with John Lynch
Jason M. Weinstein, Stewart A. Baker, Michael Vatis
November 4, 2014

In our forty-first episode of the Steptoe Cyberlaw Podcast, Jason Weinstein, Stewart Baker, and Michael Vatis discuss this week in NSA: suspected “second leaker” for Snowden reporters has been identified, British intelligence says it can access data provided by the NSA without a warrant, and former FBI Director Bob Mueller calls the Snowden leaks “devastating”; the International Telecommunications Union continues to try and take over the Internet; law firms become a focus of hacking concern; a private sector coalition engages in active defense against “Axiom” group of Chinese hackers; the FCC becomes America’s latest de facto data protection authority; FireEye identifies a Russian cyberweapon, and the Defense Advanced Research Projects Agency (DARPA) says we are making it too easy for hackers; and Google street view photograph violates privacy rights. In our second half, we interview John Lynch, the Chief of the Computer Crime and Intellectual Property Section (CCIPS) in DOJ's Criminal Division. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Robert Litt
Stewart A. Baker, Harry Lee, Michael Vatis
October 28, 2014

In our fortieth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Harry Lee discuss this week in NSA: two high-ranking NSA employees have recently left positions due to scrutiny over their involvement in private industry; the Supreme Court is taking another privacy case; PF Chang’s cybersecurity insurance dispute with Travelers; Leslie Caldwell, the new head of the Justice Department’s criminal division, joins FBI Director Comey in complaining about Silicon Valley’s reluctance to help law enforcement; according to the Stored Communications Act, companies like Google may not provide the contents of emails in response to subpoenas; the FCC proposes $10 million in fines for bad cybersecurity practices; confusion over when you need a warrant to get third party information continues in the courts; and banks are demanding that their contractors and suppliers adopt stronger cybersecurity – law firms are expressly included. In our second half, we discuss the USA Freedom Act and the Presidential Policy Directive-28 (PPD-28) with Robert Litt, the General Counsel of the Office of the Director of National Intelligence. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Tom Finan
Stewart A. Baker, Marc Frey, Stephanie Roy, Michael Vatis
October 22, 2014

In our thirty-ninth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Stephanie Roy, and Marc Frey discuss this week in NSA: House and Senate Judiciary chairs call for action on USA Freedom Act; HBO and CBS announce they will be offering online streaming services and the implications on net neutrality; parents' responsibility for what their children do on Facebook; FBI director Comey calling for CALEA reform; the Justice Department opens the door to a round of new disability claims against websites; this week in the right to be forgotten: The BBC announces the “right to remember” and a progressive group urges Google to bring the right to be forgotten to the US; TD Bank pays $850,000 to the state AGs over a “possible” breach; Russian hackers target Western governments and are caught; the FBI is warning about another and even more sophisticated set of Chinese government hackers; and Video Privacy Act may not be as effective as first thought. In our second half, we discuss the role of DHS’s National Protection and Programs Directorate (NPPD) in cybersecurity insurance with Tom Finan, Senior Cybersecurity Strategist and Counsel at DHS’s NPPD. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Shaun Waterman
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
October 15, 2014

In our thirty-eighth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Jason Weinstein, and Michael Vatis are joined by Shaun Waterman, editor of POLITICO Pro Cybersecurity, in a discussion of this week in NSA: NSA has released its second privacy transparency report; a review of Laura Poitras’s Edward Snowden documentary, 'Citizenfour;’ more fall-out from Clapper; Judge Pauley declares he has lost confidence in the Justice Department’s representations about the risks of releasing FISA opinions; Twitter claims a first amendment right to list the orders it has not (yet) received under national security surveillance laws; the government’s authority to issue gag orders in national security letters is argued before the Ninth Circuit; Europol is raising the possibility that the internet might be used to kill people and the FDA is issuing cybersecurity guidelines for manufacturers; Australian government is enacting surveillance reforms that increase government authority to conduct national security intercepts; the European Commission and Japan rule on the right to be forgotten; controversy over Ross Ulbricht and how the FBI managed to captcha him; Judicial Opinion out of the Ninth Circuit on a Navy investigator who conducted “surveillance of all the civilian computers in an entire state;” and FCC charges the Marriott for blocking Wi-Fi. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Rob Corbet
Stewart A. Baker, Maury Shenk
October 7, 2014

In our thirty-seventh episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Maury Shenk discuss this week in NSA: questions being raised on how the Treasury Department designates people and institutions for sanctions; Russia has told Google, Twitter, and Facebook to register under Russian law and submit to Russian regulation; EU Article 29 Working Party is working on how to implement the right to be forgotten; The New York Times announces that it’s been hit by the right to be forgotten; Google is hit with the threat of a lawsuit over the Apple photo leak; JP Morgan acknowledges a deep penetration of its computer networks by sophisticated hackers; and free Wi-Fi for life in Great Britain in exchange for your first born. We also discuss how Ireland is a uniquely important jurisdiction for US companies dealing with data protection issues with Rob Corbet, a partner and head of the Technology & Innovation group in Arthur Cox. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Data Access Shouldn’t Be Up to Companies Alone
Stewart A. Baker
October 1, 2014, The New York Times
Steptoe Cyberlaw Podcast - Interview with Admiral David Simpson
Stewart A. Baker
September 30, 2014

In our thirty-sixth episode of the Steptoe Cyberlaw Podcast, Stewart Baker discusses this week in NSA: The agency has named Anne Neuberger the Chief Risk Officer; the courts work on how to handle location data after Riley; Apple may have known about the iCloud security flaw; the Shellshock bug refutes the notion that open-source code is inherently more secure than proprietary code; the financial industry launches a real-time information-sharing program; Google’s potential liability for “wiretapping” publicly broadcast Wi-Fi signals; Russia advances the date for data localization; and Apple’s latest transparency reports. In our second half, we discuss the public safety bureau’s role in cybersecurity with Admiral David Simpson, Chief of the FCC’s Public Safety and Homeland Security Bureau and his Chief Counsel for Cybersecurity, Clete Johnson. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Orin Kerr
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
September 9, 2014

In our thirty-third episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss this week in NSA: Multiple news stories claiming that Snowden’s leaks contributed to US intelligence failures against ISIS; the decision by Justice and DNI officials to announce support for Senator Leahy’s USA Freedom bill; the release of a less-redacted version of Jack Goldsmith’s OLC opinion; Yelp prevails in a case claiming that the company suppresses bad reviews for advertisers; Google will suppress European search results for anyone anywhere; LinkedIn is being accused of applying Chinese censorship to Chinese customers; Home Depot is accused of a data breach and healthcare.gov has been hacked; computer and privacy implications of the Hasidic child abuse case; and in other regulatory action, Google deals with kids’ in-app purchases and Verizon pays $7.4 million for sending inadequate notices to customers. In our second half we have our second repeat interviewee, Orin Kerr, computer crime law guru and professor of law at Georgetown Washington University. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with David Hoffman
Stewart A. Baker, Michael Vatis
September 3, 2014

In our thirty-second episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis, discuss this month in NSA: The NSA released Judge Bates’s redacted opinion of the FISC; journalists attempt to make an issue out of the fact that the NSA has developed a search engine for metadata called ICREACH; Laura Poitras and Der Spiegel provide information on US intelligence collection on Turkey; German intelligence intercepted Hillary Clinton and John Kerry as they carried out diplomatic efforts; the Microsoft case questioning the government’s authority to issue warrants for overseas data continued to evolve over the month; LinkedIn settles its data breach case for a relatively modest $1.25 million; NIST seeks comment on how its Cybersecurity Framework is working; a federal court in Massachusetts rules that computers are only protected under CFAA if they are connected at the moment when they are attacked; and US courts hold that search engines are not liable for the links they publish or their autocomplete suggestions. In our second half we discuss the right to be forgotten with David Hoffman, the Director of Security Policy and Global Privacy Officer at Intel Corporation. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Debate with Harley Geiger
Stewart A. Baker
August 15, 2014

In our thirty-first episode of the Steptoe Cyberlaw Podcast, Stewart Baker participates in a debate sponsored by the Federalist Society. Moderated by Christian Corrigan, Mr. Baker and Harley Geiger, the Senior Counsel and Deputy Director for the Freedom, Security and Surveillance Project at the Center for Democracy and Technology, debate Senator Leahy’s version of the USA Freedom Act. Download the thirty first episode (mp3). Subscribe to the Cyberlaw Podcast here. We are also now on iTunes and Pocket Casts! The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Richard Danzig
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
July 29, 2014

In our thirtieth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss this week in NSA: The Senate Judiciary Committee has come up with a new version of the section 215 reform bill passed by the House; Glen Greeenwald discloses that the NSA has a limited intelligence sharing arrangement with Saudi Arabia; four senators express concern about NSA’s overseas intelligence collection program; Sony settles its service-suspending hack for $15 million worth of free stuff for users; the 9/11 Commission issues a soft endorsement of “direct action” by private parties who are hacked; Vladimir Putin signs legislation to keep Russian data in Russia; The Washington Post explains that the FBI “Going Dark” is real; the President’s plan to talk about drone privacy; and Congress votes to end DMCA protection for locked cell phones. In our second half we interview, Richard Danzig, former Navy Secretary, board member of the national security think-tank, The Center for a New American Security, and author of the paper Surviving on a Diet of Poisoned Fruit: Reducing the National Security Risks of America’s Cyber Dependencies. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Orin Kerr
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
July 21, 2014

In our twenty-ninth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss this week in NSA: Snowden claims that NSA employees are circulating inappropriate pictures and Glen Greenwald reports that the Government Communications Headquarters has developed the ability to send spam and tamper with web polls; last week’s UK data retention legislation has been passed into law; advocates of the right to be forgotten push for censorship of the forgotten; the Chinese government demands that Internet companies self-censor; the FBI is concerned Google’s driverless cars could be used as ‘lethal weapons’; to prevent whistleblowers, the Veterans Administration claims that talking about patient mistreatment is a violation of patient privacy; FBI affidavit by Agent Noel Neeman on Chinese cyberespionage tactics and motivations; class action privacy issues move from West Virginia to Illinois; and Massachusetts Supreme Judicial Court declares that you can be forced to decrypt your files. In our second half we interview, Orin Kerr, computer crime law guru and professor of law at Georgetown Washington University. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with David Medine
Stewart A. Baker, Maury Shenk
July 15, 2014

In our twenty-eighth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Maury Shenk discuss false claims that NSA has flagged the Linux Journal as an "extremist forum"; the UK has introduced new stopgap legislation to make sure it doesn’t lose its data retention authority in the wake of an unfavorable ECJ decision, and to allow UK law enforcement to require foreign entities to turn over data under a warrant; the UK government has also proposed creating their own PCLOB; the Senate Intelligence Committee produces a cybersecurity information sharing bill as a bookend to the House’s bill; and Russia has proposed their own data protection rule. In our second half we have our first repeat interviewee, David Medine, Chairman of the Privacy and Civil Liberties Oversight Board (PCLOB). We discuss the 702 report and have a roundup of this week in NSA, including a discussion of Glenn Greenwald’s disclosure of the Americans targeted by NSA and Bart Gellman’s defense of his Washington Post article. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with David Heyman
Stewart A. Baker, Michael Vatis
July 8, 2014

In our twenty-seventh episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis discuss this week in NSA: Glenn Greenwald decides not to expose individuals who are targeted for surveillance; The Washington Post reveals that "9 out of 10" targets in the NSA’s datasets are non-targets; NSA Director Mike Rogers says that Snowden’s thefts can be managed; the Seventh Circuit ruled that FISA intercepts cannot be routinely shown to defense counsel; Ellen Nakashima and Bart Gellman reveal that the NSA thinks it may have to gather foreign intelligence from every country in the world; government reports triggered by Snowden continue to multiply; Microsoft’s fight with the US government over warrants for overseas data gets more support; Google continues to reveal how it is applying the right to be forgotten; New York’s cyberbullying law is struck down; and the SEC has begun investigating network intrusions, starting with Target. In our second half we have an interview with David Heyman, former DHS Assistant Secretary for Policy. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Dmitri Alperovich
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
June 30, 2014

In our twenty-sixth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss this week in NSA: The Lofgren amendment, which prohibits NSA and CIA from asking a company to “alter its product or service to permit electronic surveillance;” NSA’s bulk collection program is extended again; the Supreme Court’s 9-0 decision in Riley, refusing to allow police to routinely search the cell phones carried by people they arrest; Facebook challenges 300+ search warrants on behalf of the targets; Wyndham files an appeal on the FTC’s jurisdiction over Internet privacy and security; and Steptoe launches the Data Breach Toolkit. In our second half we have an interview with Dmitri Alperovich, CEO of Crowdstrike, a well-known incident response cybersecurity startup whose recent report introduced the world to another unit of the PLA hacking force – one that is quite distinct from unit 61398, which was exposed by Mandiant last year, six of whose members were indicted recently by the Justice Department. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Ralph Langner
Stewart A. Baker, Maury Shenk, Michael Vatis
June 24, 2014

In our twenty-fifth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Maury Shenk, and Michael Vatis discuss this week in NSA: The House passes an NDAA amendment to regulate “secondary” searches of 702 data; the GCHQ defends its view that sending email thru Yahoo and Hotmail is an “external” communication; Darryl Issa raises questions about the FTC’s investigation into LabMD and asks for an IG investigation; an Irish court backs the Irish data protection authority’s decision not to investigate Facebook for cooperating with NSA; the Eighth Circuit decision on bank liability for weak security; the Senate Intelligence Committee’s information sharing bill; and privacy class actions. In our second half we have an interview with Ralph Langner, decoder of Stuxnet and founder of the Langner Group, which specializes in industrial control system security. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Paul Rosenzweig
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
June 16, 2014

In our twenty-fourth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss this week in NSA: A federal judge in San Francisco announced that she was not willing to take the Justice Department’s word that several FOIA’d FISA court opinions cannot be partially declassified and demanded that they be produced for in camera inspection; Crowdstrike outs another PLA hacker by name; the Chinese claim that the US government needs to provide more information about alleged Chinese hacking; and the DoD authorization bill is due to add a few more provisions tightening restrictions on China’s IT sector; Microsoft’s legal objections to getting a warrant for other people’s data stored in Ireland; fourth amendment news: Wi-Fi moochers have no expectation of privacy, but how to treat location data stored by cell phone companies continues to drive the federal courts to distraction; a study that Stewart and Jim Lewis of CSIS unveiled last week on the cost of cybercrime; the West Virginia data breach doctrine; and the FCC catches up to the FTC and SEC in cybersecurity “nudge” regulation. In our second half we have an interview with Paul Rosenzweig, consultant at Red Branch Consulting, blogger for Lawfare, writer for the Homeland Security Institute, and lecturer for the Great Courses on Audible. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Congressman Mike Pompeo
Stewart A. Baker, Stephanie Roy, Michael Vatis
June 10, 2014

In our twenty-third episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Stephanie Roy, and Michael Vatis discuss Google's effort to implement the European Court of Justice’s “right to be forgotten” decision; New York Court of Appeal’s case on cyberbullying; Google’s decision to promote more encryption; how stingray cell phone location systems work, and why the US marshals might seize stingray records from the Florida police; the regulatory issues that might be involved with using satellites to provide internet service to developing countries; this week in NSA: German prosecutors have opened a criminal investigation into the tapping of Angela Merkel’s phone but not the hacking of her computer; and the EFF still wants NSA to hang on to more Americans’ records than NSA wants to keep. In our second half we have an interview with Congressman Mike Pompeo (R-KS), a member of the House Intelligence Committee who joined the House in 2010. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


"Groundhog Day" for Data Breaches
Jason M. Weinstein, Stewart A. Baker, Markham Cho Erickson, Michael Vatis
June 2, 2014
Steptoe Cyberlaw Podcast - Interview with Ron Deibert
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
June 2, 2014

In our twenty-second episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss this week in NSA: Edward Snowden’s NBC interview and his claim to have raised concerns about the agency’s intelligence programs before he launched his campaign of leaks; the New York Times’ article on face recognition by the NSA; China responds to the indictment of its hackers by pointing to old Snowden documents; the FTC issues a report on data brokers; the LabMD litigation continues; Google starts to spell out how it will implement the right to be forgotten; NSL transparency is back in court; Iranian cyberattacks; and what happened with TrueCrypt. In our second half we have an interview with Ron Deibert, director of the Canada Centre for Global Security Studies and the Citizen Lab at the Munk School at the University of Toronto. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Peter Schaar
Stewart A. Baker, Maury Shenk, Michael Vatis, Jason M. Weinstein
May 28, 2014

In our twenty-first episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Maury Schenk, Michael Vatis, and Jason Weinstein discuss this week in NSA: The House passage of the USA Freedom bill; LabMD goes to trial; China lashes back over the Justice Department’s indictment of PLA members; Apple loses a preliminary fight over its liability for the privacy practices of third party apps; the Blackshades indictments; the mild treatment given to the Anonymous hacker, Sabu; and California’s Attorney General’s guidance on how to comply with California’s latest privacy law. In our second half we have an interview with Peter Schaar, a proponent of the right to be forgotten and an eminent former data protection chief. From 2003 to 2013 Peter was the Federal Commissioner for Data Protection and Freedom of Information. He is currently Chairman of the European Academy for Freedom of Information and Data Protection (EAID) and a guest lecturer at the University of Hamburg. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Shane Harris
Stewart A. Baker, Stephanie Roy, Michael Vatis
May 21, 2014

In our twentieth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Stephanie Roy, and Michael Vatis discuss Breaking News: American counterattack on Chinese cyberspying – the indictment of several PLA members for breaking into US computers to steal commercial information; this week in NSA: It turns out that telcos did challenge the 215 program; Glenn Greenwald’s book claims that NSA considers Israel the most effective at spying on the US after China and Russia; Greenwald also says that NSA modifies equipment after it’s been sold to make hacking easier; and Greenwald’s book has now been leaked to Bittorrent; it looks as though LabMD is down to one lawsuit; the Justice Department released a statement that some kinds of information sharing don’t violate the antitrust laws. Now it’s put out a white paper saying that ISPs can release aggregate information about cybersecurity without violating the Stored Communications Act’s prohibition on releasing customer information; net neutrality and the difference between Title II and section 706 as a basis for net neutrality; and the European Court of Justice’s embrace of the “right to be forgotten” In our second half, we have an interview with Shane Harris, senior writer at Foreign Policy magazine, where he covers national security, intelligence, and cyber security. Shane’s book, The Watchers, offered thoughtful insights into the rise of surveillance in America. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Chris Painter
Stewart A. Baker, Michael Vatis
May 13, 2014

In our nineteenth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis discuss this week in NSA: Al-Jazeera gets an exclusive on e-mails where google execs turn down NSA invitations and talk briefly about online security threats; the State Department’s Coordinator for Cyber Issues; Oracle wins a Federal Circuit victory over Google, establishing that APIs can be copyrighted; New York State issues a short report on bank cybersecurity practices and promises to start asking banks about these practices in inspections; in other litigation, LabMD claims a victory over the FTC, and we interview LabMD’s CEO, Michael Daugherty; the ACLU argues that criminal defendants who are acquitted should have no more privacy rights than those who are convicted; Zynga and Facebook get a reprieve from the Court of Appeals, but can face lawsuits under state law for breach of contract; and Snapchat finds itself exposed at the FTC. In our second half, we have an interview with Chris Painter, the State Department’s Coordinator for Cyber Issues. Chris discusses norms in cyberconflict, MLAT reform, Brazil’s recent Net Mundial conference, and much more. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Brian Krebs
Stewart A. Baker, Michael Vatis
May 5, 2014

In our eighteenth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Michael Vatis discuss this week in NSA: The internal NSA briefing memo surmising that GCHQ probably hoped to expand its access to PRISM data; Microsoft loses a big case before a magistrate in SDNY, who rules that the government can enforce warrants requiring Microsoft to produce data stored abroad; The Supreme Court hears oral argument over cell phone searches incident to arrest; The White House has released a couple of reports on Big Data—one from the PCAST and one from John Podesta’s group—along with several recommendations; The White House also released guidance on when NSA will exploit cybersecurity flaws and when it will try to fix them; GCHQ’s own independent monitor has released a long and favorable report; and data breaches claim their first CEO, as Target makes room at the top. In our second half, we have an interview with Brian Krebs, the noted security researcher behind Krebs on Security. Brian comments on the week’s news before giving us an interview on the latest in Russian cybercrime. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Elana Broitman and Shawn Cooley
Stewart A. Baker, Stephen Heifetz, Stephanie Roy, Michael Vatis, Jason M. Weinstein
April 28, 2014

In our seventeenth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Stephen Heifetz, Stephanie Roy, Michael Vatis, and Jason Weinstein discuss this week in NSA: No new scandal stories but the principal new release came from the US government and consisted of a FISA court ruling that took apart the only decision declaring NSA’s section 215 metadata program illegal – Judge Leon’s opinion in Klayman; the top story this week is the claim that the FCC is gutting net neutrality; the New York Times’ story suggesting that the FBI may have used Anonymous to help compromise foreign nations’ networks; the cell phone warrant case; the Aereo case; Magistrate Facciola’s approach to warrants, and DOJ’s method to appeal his latest ruling; and DHS’ announcement that it has notified all critical infrastructure companies that they are considered critical. In our second half, we have an interview with two government CFIUS experts, Elana Broitman, a deputy assistant secretary at DOD and Shawn Cooley, who manages DHS’s participation in CFIUS as well as Team Telecom. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Alex Joel
Stewart A. Baker, Christopher R. Conte, Michael Vatis, Jason M. Weinstein
April 21, 2014

In our sixteenth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Chris Conte, Michael Vatis, and Jason Weinstein discuss this week in NSA: Edward Snowden questions Putin; and the Bloomberg story that NSA exploited the Heartbleed vulnerability steadily loses altitude and believers; the SEC releases thoughtful and detailed set of cybersecurity questions for its examiners to use in dealing with the private sector; US magistrate Facciola calls for an amicus brief on cell-site data; Kentucky adopts a state breach notice law; the conviction of Andew “Weev” Auernheimer for the AT&T hack was overturned on appeal; the implications of giving first amendment protection to censored search results; and in bitcoin news, a more plausible candidate for Satoshi Nakamoto has emerged. In our second half, we have an interview with Alex Joel, the Civil Liberties Protection Officer of the Office of the Director of National Intelligence. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Annual CFIUS Report Reflects Higher National Security Hurdle and Need for More Jurisdictional Guidance
Stewart Baker, Stephen Heifetz, and Andrew Bardi
April 2014, Global Trade and Customs Journal
Steptoe Cyberlaw Podcast - Interview with Daniel Sutherland
Stewart A. Baker, Maury Shenk, Jason M. Weinstein
April 14, 2014

Stewart Baker, Maury Shenk, and Jason Weinstein discuss this week in NSA: The FBI and ACLU tangle over FOIA; Larry Klayman loses an appeal over Section 215 metadata collection; according to a Bloomberg article the NSA exploited the Heartbleed security flaw for years – the NSA conclusively denied the story immediately; this week in FTC: the District Court ruling in the Wyndham case was largely unsurprising; Whatsapp and Facebook are being locked into their current privacy policies; the commission fairly charges jerk.com with deceptive practices and orders them to delete data; the European Court of Justice makes news, striking down parts of the data retention directive that have long distinguished Europe as a far less privacy-protective jurisdiction than the United States; continuing the tutorial in class action tactics, the Target litigation is consolidated in Minnesota; the Justice Department and the FTC issue antitrust guidance designed to ease the fears of companies that sharing cybersecurity information will create antitrust liability; and international cyberdiplomacy is slowly recovering from the Snowden leaks. The US makes a creative response to Iran’s DOS attacks on banks, and it tries candor on China. In our second half, we have an interview with Dan Sutherland, Associate General Counsel, National Protection and Programs Directorate at the US Department of Homeland Security. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Benjamin Wittes
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
April 7, 2014

Stewart Baker, Michael Vatis, and Jason Weinstein discuss this week in NSA: A Reuters story claims that researchers showed something bad about the way NSA influenced the Dual EC encryption standard; a civil libertarian academic who was part of the President’s expert’s group NSA published a candid assessment of the agency – almost all of it positive; and Yahoo! has finally been able to encrypt its back-office communications; this week in Reruns: LabMD’s latest filing; the banks that sued Target’s security assessor have had second thoughts; Microsoft’s search of Hotmail to protect its property yields a guilty plea; and Google’s struggle with the most famous ten-second video performance in history ends abruptly; The Onion Router doesn’t really turn your messages into spoofed news stories (cool as that would be); Federal magistrates impose limits on computer search warrants as a condition of signing them. In our second half, we have an interview with Benjamin Wittes, senior fellow in Governance Studies at The Brookings Institution and co-founder and editor-in-chief of the Lawfare blog. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Michael Allen
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
March 31, 2014

Stewart Baker, Michael Vatis, and Jason Weinstein discuss this week in NSA: Proposal to replace NSA's 215 metadata program with one where the data remains with the telephone companies; the new chief judge at the FISA court; and China has promised to bolster its cybersecurity while protesting news that Huawei was hacked by NSA, this week in Target: Banks suing not just Target but also its security assessor, Microsoft admits to opening a subscriber's Hotmail account to track an employee who was leaking its business secrets, Bitcoin assets to be subject to capital gains calculations. In our second half, we have an interview with Michael Allen, former Majority Staff Director of the House Intelligence Committee and Founder & Managing Director of Beacon Global Strategies. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Jim Lewis
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
March 24, 2014

In our twelfth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss this week in NSA: The President meets tech execs again on privacy and NSA; a decision/announcement on 215 changes seems imminent; Silliest Press Angle of the week: the press is shocked to hear government lawyers say that tech companies knew of PRISM intercepts; NSA “reaches into the past”; IBM denies helping NSA; NSA hacks Huawei; Brazil drops localization requirement, IL two-party consent law struck down, Gmail intercept class denied, settlement for victims who didn’t suffer harm, Android user privacy/battery case advances, and additional stories: Ninth Circuit “Innocence of Muslims” ruling undermined by Copyright Office but enbanc denied; SSCI-CIA forensic review ordered. In our second half, we have an interview with Jim Lewis of the Center for Strategic and International Studies. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Dan Novack
Stewart A. Baker, Markham Cho Erickson, Daniella Terruso, Michael Vatis
March 17, 2014

In our eleventh episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Markham Erickson, Daniella Terruso, and Michael Vatis discuss this week in NSA: The EFF overrides one of the privacy protections in NSA’s metadata program by killing the 5-year retention limit; what is the New York Times story on “raw take” about?; will the NSA and the telcos will end up going “Dutch,” as in Ruppersberger; and Stewart brags about the results in his latest debate over Edward Snowden, who is starting to wear out his welcome with Americans; other fallout from the NSA leaks: Commerce announced its willingness to give up an oversight role for ICANN; members of the European Parliament start work on a data protection that they can’t finish before elections; the legal claims in the SSCI-CIA brouhaha; the Silverpop case and how it may be harder to win a hacker-breach negligence case than some of us thought; this week in the Target breach case: Did Target miss a chance to stop the exploit?; privacy groups want to block the Whatsapp deal on privacy grounds; additional stories: the public’s first good look at Russia’s cyberespionage tools; Google starts encrypting search in China; Leon Panetta invokes “cyber Pearl Harbor;” and it turns out we could lose power for 18 months if a handful of substations are successfully attacked. In our second half we have an interview with Dan Novack, a former big-firm litigator now serving as legal analyst at First Look, the Greenwald/Omidyar news service. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Mark Weatherford
Stewart A. Baker, Jason M. Weinstein
March 10, 2014

In our tenth episode of the Steptoe Cyberlaw Podcast, Stewart Baker and Jason Weinstein discuss NSA/Snowden: Keith Alexander hints about a possible end to the broad collection of metadata – and the FISA court’s refusal to extend the 5-year retention deadline for NSA’s store of metadata. Was that ruling a defeat for NSA – or the result of a clever litigation strategy?, Roundup of Bitcoin news: What is going on here?!, Taking a second look at the copyright fight over “Innocence of Muslims”, in wiretap news, the $21 million Justice Department claim against Sprint for overcharging on wiretaps, this week in cybersecurity policy: the Obama administration’s approach is getting the most sincere form of flattery from other nations; China and Europe are once again living out the fantasies of American officials; except for the FTC, which as far as we can tell is already living in its own fantasy, riding a 50-plus streak of wins to a couple more victories, though one was closer than expected. In our second half we have an interview with Mark Weatherford, a Principal at the Chertoff Group. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Adam Sedgewick
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
March 5, 2014

In our ninth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss NSA/Snowden: NSA weighs options for 215 data and the Office of the Director of National Intelligence will not disclose the study of storage options; GCHQ’s webcam captures; Canadian extradition flap; ABA President sends letter to NSA, LabMD falters, Cellphone unlocking – the long withdrawing roar of copyright maximalism begins, Holder calls for a national breach notice law – so why don’t we have one?, Julie Brill’s Princeton speech – big data and consumer privacy, Report from NSA: Trustycon and the boycott; What’s hot – bot catchers and intelligence driven security, and this week in weird copyright law – what the Google/Islam/takedown decision means. In our second half we have an interview with Adam Sedgewick, Senior Information Technology Policy Advisor at the National Institute of Standards and Technology. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Ed Stroz
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
February 24, 2014

In our eighth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, Jason Weinstein and guest commentators Stephen Heifetz and Stephanie Roy discuss this week in NSA/Snowden: Law Firm Surveillance Report Cited in Legal Challenge and Report: American law firm's communications spied on; Merkel Backs Plan to Keep European Data in Europe and EU Trade Deal Dead Unless US Spying Fixed, Lawmakers Say, Target breach update: Analyst estimates that Target may have to pay $1.1 billion, mainly to banks, FCC charts a Net Neutrality policy, and the National Cybersecurity and Critical Infrastructure Protection Act of 2013. In our second half we have an interview with Ed Stroz, Executive Chairman at Stroz Friedberg. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Steve Chabinsky
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
February 21, 2014

In our seventh episode of the Steptoe Cyberlaw Podcast, Jason Weinstein discusses this week in NSA: Clapper says Snowden exploited perfect storm of security lapses/Snowden swiped password from NSA coworker; FISA Court backs Pres. Obama’s changes to phone metadata program/government seeking info about private sector’s ability to hold the data; Rand Paul sues Pres. Obama; Target breach update: Hackers exploited holes in network-management software; Target employees warned of risks; Experts predict new wave of cybercrime; NIST framework announced; and court orders government to disclose FISA information to defense in lawsuit. In our second half we have an interview with Steve Chabinsky, Senior Vice President, General Counsel and Chief Risk Officer of Crowdstrike. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with John Rizzo
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
February 11, 2014

In our sixth episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Michael Vatis, and Jason Weinstein discuss This Week in NSA: Transparency reports disclose Foreign Intelligence Surveillance orders and telephony metadata program is not tracking as much as previously thought, Target breach update: hackers got in through HVAC contractor and Senate Judiciary Committee hearing and legislation, Lavabit hearing, Google class action order, and possible CFAA amendments. In our second half we have an interview with John Rizzo, author of the recently released “Company Man,” his memoir of his time as a CIA Lawyer. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with David Medine
Stewart A. Baker, Christopher R. Conte, Jason M. Weinstein
January 27, 2014

Stewart Baker, Jason Weinstein, and guest commentator Steptoe partner Chris Conte, discuss the Privacy and Civil Liberties Oversight Board issues report, SEC's National Examination Program identifies cybersecurity risk as exam priority, Supreme Court grants cert on cell phone searches incident to arrest, Verizon transparency report, FTC gets consent decrees from companies for falsely claiming to be in the Safe Harbor, The revival of the Privies, Snowden claims NSA is stealing industrial secrets unrelated to national security. In our second half we have an interview with David Medine, chairman of the Privacy and Civil Liberties Oversight Board. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Interview with Chris Inglis
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
January 23, 2014

Stewart Baker, Michael Vatis, and Jason Weinstein discuss the Aereo case that the Supreme Court has decided to hear; share their reactions to the President’s NSA announcement; explain what went on with Apple’s refund of in-app purchases; discuss NIST’s announcement that they would reduce the privacy rules to the cybersecurity framework; and discuss the President’s proposal to treat foreign nationals privacy similar to US citizens. This episode closes with an interview with Chris Inglis, former deputy director of NSA. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Episode Two
Stewart A. Baker, Stephanie Roy, Michael Vatis, Jason M. Weinstein
January 21, 2014

In our second episode, Stewart Baker, Michael Vatis, Jason Weinstein, and guest panelist Stephanie Roy predict what the President may say regarding the NSA; discuss the latest update in the Target and Nieman Marcus breaches; and explain the recent net neutrality decision. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Steptoe Cyberlaw Podcast - Episode One
Stewart A. Baker, Michael Vatis, Jason M. Weinstein
January 15, 2014

In this first episode, Stewart Baker, Michael Vatis, and Jason Weinstein discuss proposed changes to national security law as recommended in the "Liberty and Security in a Changing World: Report and Recommendations of The President's Review Group on Intelligence and Communications Technologies," published on December 12, 2013. The report offers forty-six recommendations of changes to national security law and policy. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


CFIUS Report: A Significant Increase In Scuttled Deals
Stewart Baker, Stephen Heifetz
January 13, 2014, Law360
Cyber Incidents: The Appropriate Response?
Andy Irwin, Stewart Baker, Tom Barletta, Ed Krauland, and Teddy Nemeroff
January 2014, WorldECR
CFIUS Report: Significant Increase In Scuttled Deals
Edward J. Krauland, Stewart A. Baker, Timothy M. Walsh, Stephen Heifetz, Peter Edward Jeydel
January 8, 2014
New Defense Rule Creates Export Control Concerns for Unclassified Technical Data
Andy Irwin, Stewart Baker, Tom Barletta, Ed Krauland, and Teddy Nemeroff
January 2014, WorldTrade Executive: Practical Trade and Customs Strategies
TARGETed for a Breach – and Now TARGETed for Litigation
Stewart A. Baker, Markham Cho Erickson, Michael Vatis, Jason M. Weinstein
December 30, 2013
A Battle That Snowden Is Not Winning
The New York Times
Stewart A. Baker
December 19, 2013
DOD Amends DFARS to Bolster Cybersecurity of Unclassified Contractor Systems, Answering Some Questions and Raising Others
Andrew Irwin, Stewart Baker, Tom Barletta, Ed Krauland, and Teddy Nemeroff
December 11, 2013, The Government Contractor
DoD Issues Final DFARS Rule Regarding Safeguarding Unclassified Controlled Technical Information and Cyber-Reporting
Andrew D. Irwin, Edward J. Krauland, Stewart A. Baker, Stephen Heifetz, Marc Frey, Thomas P. Barletta
December 4, 2013
DoD Publishes Interim Rule on Supply Chain Security for Defense Contractors
Stewart A. Baker, Thomas P. Barletta, Marc Frey, Stephen Heifetz, Andrew D. Irwin, Edward J. Krauland
December 3, 2013
Book Review: 'Treasury's War,' by Juan Zarate
Stewart A. Baker
October 28, 2013
Allies Aren’t Always Friends
Stewart A. Baker
October 24, 2013
The Best Cyberdefense is a Good Offense
Stewart A. Baker
October 4, 2013, Law360
Spy Programs Make Us Safer: Opposing View
Stewart A. Baker
September 9, 2013, USA Today
Keep Away: CFIUS Forces Procon-Lincoln Divestment, Demonstrating Continuing Strict Scrutiny of Acquisitions Near Defense Installations
Stewart A. Baker, Stephen Heifetz, Peter Edward Jeydel, Edward J. Krauland, Timothy M. Walsh
July 1, 2013
White House Issues Executive Order on Improving Critical Infrastructure Cybersecurity
Stewart A. Baker, Marc Frey, Michael Vatis
February 15, 2013
CFIUS Flexes Its Muscles
Stewart A. Baker, Stephen Heifetz, Edward J. Krauland, Timothy M. Walsh
November 1, 2012
Rethinking the Private Sector's Role in Cybersecurity
Stewart A. Baker
October 5, 2012, Law360
Steptoe Cyberblog
Stewart A. Baker, Michael Vatis
June 11, 2012
What Is the Role of Lawyers in Cyberwarfare?
Stewart A. Baker
May 1, 2012, ABA Journal
CISPA isn't 'son of SOPA'
Stewart A. Baker
April 24, 2012, Politico
Former Assistant Secretary of DHS for Policy Proposes ‘Adversary-Based’ Approach to Cyber Security
Stewart A. Baker
April 17, 2012, GSN: Government Security News
Update on Cybersecurity Legislative Efforts
Stewart A. Baker, Douglas Kantor, Michael Vatis
March 6, 2012
How Should Corporate Boards and General Counsels Deal with Cyber Risks?
Stewart A. Baker
February 14, 2012, Bloomberg Corporate and M&A Law Report
The SEC and Cybersecurity
Stewart Baker
January 20, 2012, The Deal
Denial of Service
Lawyers are crippling America's ability to defend against cyberwar with arcane rules and regulations. But war waits for no man.
Stewart A. Baker
September 30, 2011, Foreign Policy
A Security Turf War?
An odd attack on the NYPD
Stewart Baker
August 28, 2011, New York Post
How Europe Puts America at Risk
Stewart A. Baker
October 8, 2010, The Washington Post
“Staying Ahead of CFIUS”, The Deal
Stewart A. Baker, Stephen Heifetz
October 1, 2010
Addressing National Security Concerns
Stewart A. Baker and Stephen R. Heifetz
September 24, 2010, Insight
New Executive Order to Prompt Changes in Security Standards for Biolabs
Stewart A. Baker, Marc Frey, Stephen Heifetz
September 3, 2010
Cyber Security Alert - Major Cyber Security Threat Affecting US Companies
Stewart Baker and William Nakhleh
July 28, 2009
"Trade and Electronic Commerce"
Stewart A. Baker
2005, The World Trade Organization: Legal Economic and Political Analysis
Patriot Debates: Experts Debate the USA PATRIOT Act
(Stewart A. Baker and John Kavanagh, eds.)
2005, American Bar Association
A Patch in Time Saves Nine: Liability Risks for Unpatched Software
Stewart A. Baker
2003, National Legal Center for the Public Interest
The Executive’s Desk Book on Corporate Risks and Response for Homeland Security
Stewart A. Baker
2003
Co-author, The Limits of Trust – Cryptography, Governments and Electronic Commerce
Stewart A. Baker, Paul R. Hurst
1998
“Should Spies Be Cops?” (Winter 1994-95)
Stewart A. Baker
97 Foreign Policy 36
Mr. Baker has published a number of articles in such newspapers as The Wall Street Journal, The Washington Post, the Los Angeles Times, and The Journal of Commerce.
Stewart A. Baker

View All Current Publications | View Archived Publications