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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.
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.
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.
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.
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.
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.
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.
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.
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.
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 •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.
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.
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.
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.
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.
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.
January 13, 2014, Law360
January 2014, WorldECR
January 8, 2014
January 2014, WorldTrade Executive: Practical Trade and Customs Strategies
December 30, 2013
Stewart A. Baker
December 19, 2013
December 11, 2013, The Government Contractor
December 4, 2013
December 3, 2013
October 28, 2013
October 24, 2013
October 4, 2013, Law360
September 9, 2013, USA Today
July 1, 2013
Stewart A. Baker, Marc Frey, Michael Vatis
February 15, 2013
Stewart A. Baker, Michael T. Gershberg, Stephen Heifetz, Edward J. Krauland, Timothy M. Walsh
November 1, 2012
October 5, 2012, Law360
June 11, 2012
May 1, 2012, ABA Journal
April 24, 2012, Politico
April 17, 2012, GSN: Government Security News
Stewart A. Baker, Douglas Kantor, Michael Vatis
March 6, 2012
February 14, 2012, Bloomberg Corporate and M&A Law Report
January 20, 2012, The Deal
Stewart A. Baker
September 30, 2011, Foreign Policy
August 28, 2011, New York Post
October 8, 2010, The Washington Post
October 1, 2010
September 24, 2010, Insight
September 3, 2010
July 28, 2009
2005, The World Trade Organization: Legal Economic and Political Analysis
2005, American Bar Association
2003, National Legal Center for the Public Interest
97 Foreign Policy 36