Caveat: Recent Episodes
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Join us for thought provoking conversations on surveillance, digital privacy, and cybersecurity law and policy in the information age. Each week, hosts Dave Bittner and Ben Yelin break down the headlines, legal cases, and policy battles that matter most.
Igor Volovich from Qmulos sits down with Dave to discuss how compliance can’t wait for the government to find alignment on security and risk. Ben shares the story of a Federal Judge dismissing a lawsuit from the Republican National Committee against Google. Dave's got an opinion piece from the New York Times making the case that social media platforms should provide algorithmic choice. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Judge tosses Republicans’ lawsuit accusing Google’s spam filters of bias
What if You Knew What You Were Missing on Social Media?
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George Tziahanas from Archive360 is talking about what happens when the information is no longer in boxes but could be anywhere in the world. Ben has the story of a raid on an independent journalist who leaked unaired clips from Fox News. Dave's got the story of a DC court ruling that AI generated content is not eligible for copyright protection. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Did a Journalist Violate Hacking Law to Leak Fox News Clips? The Government Thinks He Did.
AI-Generated Art Lacks Copyright Protection, D.C. Court Says (1)
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Chris Denbigh-White from Next DLP sits down to reflect on with the EU banning ChatGPT and the U.S. looking to create rules around it, how will regulation likely land? This week, Ben discusses the police raid on a local Kansas newspaper, and its implications for digital privacy. Dave has got the story of the Supreme Court possibly taking on a social media moderation case and what that looks like. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Police stage ‘chilling’ raid on Marion County newspaper, seizing computers, records and cellphones
The Internet Speech Case That the Supreme Court Can’t Dodge
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Guest Alex Iftimie of Morrison Foerster to discuss how the Department of Justice seized nearly $500,000 in ransomware payments made to a North Korean hacking group that targeted U.S. medical providers. Dave and Ben have some follow-up about GitHub Copilot from listeners Micah and Steve. In his story, Ben explores the potential legal and policy issues surrounding the new AI chatbot, ChatGPT. Dave has a case which questions the legality of livestreaming the police. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
The Brilliance and Weirdness of ChatGPT
Threatened with jail for live-streaming traffic stop, he sued
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Valerie Abend, Global Cyber Strategy Lead from Accenture sits down to discuss the Securities and Exchange Commission’s recently announced cyber regulations. Ben shares the story of an interesting case concerning internet preservation law. Dave takes a look at an article from Lawfare that ponders the cybersecurity insurance market. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Nevada Magistrate Judge Recommends Rejecting Internet Preservation Challenge—And Why It's Wrong
If Cyber Is Uninsurable, the United States Has a Major Strategy Problem
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Ken Cox from Hostirian joins Dave to discuss the darkside of AI and how to safeguard your privacy. Ben has the story of a proposed law from Ted Cruz, regulating IoT devices, from an unlikely sponsor. Dave's got the story of a novel proposal to limit social media platforms to help control and diminish harmful content. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Ted Cruz proposes bill to help detect if your house is spying on you
Unjust Enrichment by Algorithm
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Jeff Reich, Executive Director at the Identity Defined Security Alliance (IDSA), joins to discuss the cost of identity. Ben and Dave discuss some follow up regarding how an appeals court put a temporary hold on an unusual order restricting federal officials and the agencies they work for from communicating with social media companies about content on their platforms. Ben discusses a new legal challenge to Texas’ law banning TikTok on state-issued devices. Dave's got the story of tax preparation companies allegedly oversharing data with Meta. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Appeals court temporarily blocks order that restricted feds’ contact with social media firms
Texas TikTok Ban Challenged for Threatening ‘Academic Freedom’
3 tax prep firms shared ‘extraordinarily sensitive’ data about taxpayers with Meta, lawmakers say
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Dan Frechtling from Boltive sits down with Ben to discuss changes in health privacy, video privacy lawsuits, and children data laws. Ben's story looks at proposed legislation coming out of Massachusetts that could ban cell site location data. Dave's got the story of comedian and author Sarah Silverman suing OpenAI over copyright infringement. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Selling Your Cellphone Location Data Might Soon Be Banned in U.S. for First Time
Sarah Silverman is suing OpenAI and Meta for copyright infringement
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Mark Lance from Guidepoint sits down to talk to Dave about ransomware policy, negotiations and payment impacts. This week, Ben looks at a surprising Federal District Court decision limiting Biden administration contacts with Big Tech companies. Dave's got the story of research questioning the veracity of AI detectors. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Judge blocks U.S. officials from tech contacts in First Amendment case
AI WEIRDNESS: THE STRANGE SIDE OF MACHINE LEARNING
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Former Texas Congressman Will Hurd shares his new book, AMERICAN REBOOT, Ben shares a story about a new transatlantic agreement on data privacy, and Dave's story is on the story allegations from the DOJ that Google is playing fast and loose with attorney client privilege. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
U.S. and European leaders reach deal on trans-Atlantic data privacy.
Google routinely hides emails from litigation by CCing attorneys, DOJ alleges
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Eric Wenger, Cisco's Senior Director, Technology Policy, Global Government Affairs, joins Dave to discuss the issue of global network resilience. Ben's story follows a Twitter thread that is looking at a new case involving cell phone searches at the border. Dave's got the story of the EU passing a draft law, intended to restrict and add transparency requirements to the use of artificial intelligence (AI) in the twenty-seven-member bloc. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Cell phone searchers
The world’s regulatory superpower is taking on a regulatory nightmare: artificial intelligence
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Dr. Bilyana Lilly sits down with Dave to discuss her co-authored paper for CyCon: "Business @ War: The IT Companies Helping to Defend Ukraine." This week, Ben's story follows the U.S. government declassifying a report on buying troves of data about United States citizens. Dave's story is on how and why deepfakes are entering into U.S. politics. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
DeSantis ushers in our fake-images-in-politics nightmare
The US Is Openly Stockpiling Dirt on All Its Citizens
15th International Conference on Cyber Conflict
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This week, our guest is Larry Whiteside Jr., CISO from RegScale, who sits down with Dave to discuss GDPR on the occasion of its 5th anniversary. Ben talks about an appeals court decision in a "zombie case" that could have major ramifications for cybersecurity firms. Dave's got the story of a Texas judge who is none-too-happy with ChatGPT in his courtroom, unless checked out by a human. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
This ‘zombie case’ could have big ramifications for cybersecurity firms
Federal judge: No AI in my courtroom unless a human verifies its accuracy
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Sam Heiney, Impero's VP of Products, sits down with Dave to discuss patching healthcare cybersecurity risks in the Internet of Medical Things. Ben discusses a lawsuit that takes aim at artificial intelligence technology that generates its own computer code. Dave's got the story of dozens of human rights and LGBTQ+ organizations writing to Congress in opposition of a Kids Online Safety Act. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Lawsuit Takes Aim at the Way A.I. Is Built
Human rights, LGBTQ+ organizations oppose Kids Online Safety Act
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Chris Handman, Co-Founder & COO from TerraTrue, sits down with Dave to discuss how he works to transform legal teams into advocates and collaborators that can ensure privacy is baked in every step of the way. Ben shares the story of the how close the FBI potentially came to deploying spyware. Dave's got the story of Google’s nearly four hundred million dollar settlement over location privacy data. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Internal Documents Show How Close the F.B.I. Came to Deploying Spyware
Google to pay nearly $400 million over deceptive location tracking practices
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Mike Hamilton Former CISO of Seattle and CISO at Critical Insight, sits down with Dave to talk about election security including ransomware, disinformation, natural disasters and online voting options. Ben's story follows an effort to keep Big Tech from taking over peoples cars and whose helping. Dave's got a look at facial recognition technology in Texas. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Elizabeth Warren wants to keep Big Tech from taking over your car
In Texas, facial recognition is becoming a way of life
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Christina Montgomery, Vice President and Chief Privacy Officer at IBM, sits down with Ben to discuss “Privacy Compliance Is Cultural: The Need for Diverse & Inclusive Perspectives in Data Governance & Regulation.” Ben's story discusses a possible new “right to repair” law in New York state. Dave's story is about Twitter and how they have a new boss, as well as if this new boss has made the right decision. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
The Nation’s First Right to Repair Law Is Waiting for Kathy Hochul’s Signature
Welcome to hell, Elon
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Beth Goldberg, the Head of Research from Jigsaw sits down with Dave to discuss how misinformation could have an impact on people online. Ben shares the story of a harsh FTC order against Drizly, an alcohol delivery company, and its CEO for data privacy abuses. Dave brings us the story of how the DOJ is accusing 10 Chinese spies and government officials of ‘malign schemes.’ While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
FTC brings action against CEO of alcohol delivery company over data breach
DOJ accuses 10 Chinese spies and government officials of ‘malign schemes’
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Bill Bernard, Managing Director of Solutions Architecture from Deepwatch, sits down with Dave to discuss industry pushback on cyber reporting regulations. Ben's story is focused on a novel court decision on geofence warrants in California. Dave's got the story of a $228 million judgment in the first biometrics privacy class action to go to trial in Illinois after a company called BNSF Railway Co. wrongfully collected employee fingerprints without proper consent. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
First Court in California Suppresses Evidence from Overbroad Geofence Warrant
First Illinois Biometric Privacy Trial Ends in BNSF Loss (2)
WHAT IS BIPA?
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Journalist Glyn Moody joins Ben to discuss his new book and specifically to focus on how copyright laws threaten the open market of ideas on the internet, and how the copyright world is throttling creativity in the digital realm. Ben shares a story on a new Executive Order from President Biden on surveillance and data sharing with the European Union. Dave's got the story of the consequences of a community banning ransomware payments. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Under New Order, Europeans Can Complain to U.S. About Data Collection
NC is one of only two states to ban paying ransomware attackers. Is that wise?
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Scott Holewinski from Arctic Wolf sits down with Dave to discuss how enacting country-wide Safe Harbor laws will promote more incident response self-reporting in the industry. Ben and Dave go over some listener follow up regarding the first amendment and profanity. Ben discusses the Supreme Court taking up section 230 of the communications decency act. Dave’s got the story of a judge in Buenos Aires declaring facial recognition software unconstitutional. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
SCOTUS to hear challenge to Section 230 protections
JUDGE DECLARES BUENOS AIRES’ FUGITIVE FACIAL RECOGNITION SYSTEM UNCONSTITUTIONAL
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Guest Bob Maley from Black Kite joins Dave to discuss the Gramm-Leach-Bliley Act (GLBA), federal regulation that requires financial institutions to safeguard sensitive customer information. Ben discusses a new lawsuit filed against a local public utility for providing user data to law enforcement. Dave's got the story of California’s Age-Appropriate Design Code Act. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Lawsuit: SMUD and Sacramento Police Violate State Law and Utility Customers’ Privacy by Sharing Data Without a Warrant
California Enacts the California Age-Appropriate Design Code Act
The Supreme Court Already Explained Why California’s Age Appropriate Design Code Is Unconstitutional
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Guest Bob Maley from Black Kite joins Dave to discuss the Gramm-Leach-Bliley Act (GLBA), federal regulation that requires financial institutions to safeguard sensitive customer information. Ben discusses a new lawsuit filed against a local public utility for providing user data to law enforcement. Dave's got the story of California’s Age-Appropriate Design Code Act. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Lawsuit: SMUD and Sacramento Police Violate State Law and Utility Customers’ Privacy by Sharing Data Without a Warrant
California Enacts the California Age-Appropriate Design Code Act
The Supreme Court Already Explained Why California’s Age Appropriate Design Code Is Unconstitutional
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
Gary Brickhouse former Security & Compliance Architect for Disney and CISO of cybersecurity firm GuidePoint Security joins Dave to discuss where we will see continued changes when it comes to cybersecurity insurance as the economy tanks, recession hits and cyber criminals take advantage. Ben discusses the 5th circuit’s controversial take on content moderation. Dave's got the story of the Pentagon taking a closer look at its covert psychological operations. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
5th Circuit Rewrites A Century Of 1st Amendment Law To Argue Internet Companies Have No Right To Moderate
Morgan Stanley Paying $35 Million to Settle Claims of Failing to Protect Customer Records
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Gary Brickhouse former Security & Compliance Architect for Disney and CISO of cybersecurity firm GuidePoint Security joins Dave to discuss where we will see continued changes when it comes to cybersecurity insurance as the economy tanks, recession hits and cyber criminals take advantage. Ben discusses the 5th circuit’s controversial take on content moderation. Dave's got the story of the Pentagon taking a closer look at its covert psychological operations. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
5th Circuit Rewrites A Century Of 1st Amendment Law To Argue Internet Companies Have No Right To Moderate
Morgan Stanley Paying $35 Million to Settle Claims of Failing to Protect Customer Records
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
Tim Eades, CEO of vArmour, sits down with Dave to talk about why all security professionals need to prioritize data, security, and observability. Ben's story discusses a court decision on standing in data breach cases, giving hope to plaintiffs in class-action lawsuits. Dave’s got a story on the city of Baltimore spending nearly a million dollars to upgrade their stingray, which could ramp up cellphone tracking. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Third circuit shows how to establish standing in data breach cases
Baltimore poised to ramp up cellphone tracking with purchase of new $920,000 device
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
Tim Eades, CEO of vArmour, sits down with Dave to talk about why all security professionals need to prioritize data, security, and observability. Ben's story discusses a court decision on standing in data breach cases, giving hope to plaintiffs in class-action lawsuits. Dave’s got a story on the city of Baltimore spending nearly a million dollars to upgrade their stingray, which could ramp up cellphone tracking. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Third circuit shows how to establish standing in data breach cases
Baltimore poised to ramp up cellphone tracking with purchase of new $920,000 device
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
This week, Ben Yelin sits down with Robert Carolina, Senior Fellow with the Information Security Group at Royal Holloway University of London, to share about the discussion he had with the University of Dayton's School of Law about Snowden & whistleblower ethics. Ben's story takes a look at Cloudflare’s decision to cut service to Kiwi Farms. Dave's got the first report from the U.S. Congressional Research Service on the metaverse. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Cloudflare drops service for harassment site Kiwi Farms
The Metaverse: Concepts and Issues for Congress
2022 PILT Annual Seminar
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
This week, Ben Yelin sits down with Robert Carolina, Senior Fellow with the Information Security Group at Royal Holloway University of London, to share about the discussion he had with the University of Dayton's School of Law about Snowden & whistleblower ethics. Ben's story takes a look at Cloudflare’s decision to cut service to Kiwi Farms. Dave's got the first report from the U.S. Congressional Research Service on the metaverse. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Cloudflare drops service for harassment site Kiwi Farms
The Metaverse: Concepts and Issues for Congress
2022 PILT Annual Seminar
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
Chris McLellan from Data Collaboration Alliance joins Dave to discuss Twitter and how they are to pay out $150 million in the battle over data privacy. Ben shares a story on a recent Maryland case dealing with particularity requirements for cell phone searches. Dave's got the story of the Federal Trade Commission suing an online data broker over surveillance concerns. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
F.T.C. sues over tracking data that could expose visits to abortion clinics.
Anthony J. Richardson v. State of Maryland, No. 46, September Term, 2021. Opinion by Biran, J.
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Our guest is author and journalist Steven Levy. He’s editor-at-large at Wired and his most recent book is "Facebook: The Inside Story. Steven offers his insights on Facebook’s internal research teams, Ben shares a newly-decided court case on whether Big Tech companies can be sued under the Anti-Terrorism statute, and Dave's got the story of some warrantless surveillance being declared unconstitutional in Colorado. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Federal appeals court clears social media companies in Pulse shooting lawsuit
Colorado Supreme Court Rules Three Months of Warrantless Video Surveillance Violates the Constitution
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Luke Tenery from StoneTurn joins Dave to discuss the OPM breach, including a look back at this hack, what the fallout has been, and what has changed in the U.S.- Chinese cyber relationship. Ben shares an appeals court case on free speech rights and social media. Dave has a story of online health tracking services oversharing with the popular social media app, Facebook. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Victory! Federal Court Upholds First Amendment Protections for Student’s Off-Campus Social Media Post
Digital Medical Companies Funnel Patient Data To Facebook For Advertising
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This week, Carole Theriault interviews Jen Caltrider from Mozilla's *Privacy Not Included talking about the initiative as well as privacy related to apps they've reviewed. Ben shares the story of how a geofence warrant for data from 2015 might be the deciding factor in a death penalty case. Dave has a story on the FBI compelling someone to open an app with their face. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Cops Turn To Google Location Data To Pursue A Death Penalty For 2015 Murder
The FBI Forced A Suspect To Unlock Amazon’s Encrypted App Wickr With Their Face
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
This week, Carole Theriault sits down with Jen Caltrider from Mozilla who is talking about the *Privacy Not Included initiative as well as discussing privacy related to apps they've reviewed. Ben's story is on how a geofence warrant for data from 2015 might be the deciding factor in a death penalty case. Dave's story is on the FBI compelling someone to open an app with their face. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Cops Turn To Google Location Data To Pursue A Death Penalty For 2015 Murder
The FBI Forced A Suspect To Unlock Amazon’s Encrypted App Wickr With Their Face
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
Mark DiMassimo, Founder & Creative Chief of Creative Agency from DiGo to discuss the challenges that social media platforms face when trying to reconcile their need for growth against their desire to behave in an ethical way for the benefit of their users. Ben's story is on the Department of Homeland Security collecting substantial amounts of user location data. Dave's story is on potential privacy legislation at the federal level that actually has a shot at passing. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Homeland Security records show 'shocking' use of phone data, ACLU says
Don’t Look Now, but Congress Might Pass an Actually Good Privacy Bill
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Dov Lerner, Security Research Lead at Cybersixgill, discusses how things that would have been considered off-limits are now routine. He specifically get into new research showing several instances of personal information exposed of the five conservative U.S. Supreme Court Justices in the wake of Roe V. Wade being overturned. Ben talks through a proposed expansion of video surveillance in San Francisco. Dave's story is on an insurance company calling foul on a client’s lack of multi-factor authentication. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Breed and New DA Jenkins Pushing Hard to Expand Police Access to Private Security Cameras All Over Town
Travelers Wants Out of Contract With Insured That Allegedly Misrepresented MFA Use
Brian Gant, an Assistant Professor of Cybersecurity at Maryville University, joins Dave to discuss how California's new 'privacy police' will affect views on cybersecurity. California has implemented a new Privacy Protection Agency aimed at regulating how companies can collect and use the data of their customers. Brian shares how an agency like this is altering state and national views on cybersecurity. Ben explains why the Elon Musk and Twitter dispute will be resolved by a special Court in Delaware. Dave has a story on Google updating their spam filters to please politicians. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
What Is Delaware’s Court of Chancery and Its Role in Elon Musk’s Twitter Deal?
Google Is Going to Let Politicians Spam Your Inbox
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Matt Kent, Competition Policy Advocate at Public Citizen, joins Ben to break down the American Innovation and Online Choice Act and discuss possible benefits. Ben's story discusses a new algorithmic model that claims to predict crimes before they happen and if, in fact, it actually works or not. Dave's got the story of legislators in Japan looking to open up big tech companies' algorithms, including such companies as Google, Amazon and Facebook. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Algorithm Claims to Predict Crime in US Cities Before It Happens
Japanese court ruling poised to make Big Tech open up on algorithms
S.2992 - American Innovation and Choice Online Act
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Gary Buonacorsi, Tanium’s SLED CTO and Chief IT Architect, joins Dave to discuss Cyber Incident Reporting for the Critical Infrastructure Act. Ben and Dave share some listener follow up from a listener who spent some time being a U.S. Marshall, and their input on a recent episode where someone had a fake warrant out for their arrest. Ben's story follows the recent overturn of Roe v. Wade and shares how to not leave a digital footprint if you are looking for an abortion. Dave's story dives into the debate over whether a password can provide more legal protection than a facial id scan or a fingerprint scan. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Seeking an abortion? Here’s how to avoid leaving a digital trail.
Warrant authorized authorities to compel Eastman to use his finger or face to unlock his phone but specifically prohibited them from demanding his password
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Blaise Wabo, Healthcare and Financial Services Director at cybersecurity firm A-LIGN joins Dave to discuss major cyber regulation changes coming to ISO, SOC2, HIPAA, CMMC, NIST Cybersecurity Framework and PCI. Ben shares an interesting federal case on the legal defense of a gentleman forgetting his tablets passcode which landed him in trouble. Dave has an opinion from the EFF on Apple's newest restrictions when it comes to tracking. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT UNITED STATES OF AMERICA v. MICHAEL ANTHONY DASHEM
Facebook Says Apple is Too Powerful. They're Right.
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Greg Murphy, CEO of Ordr, joins Dave to share his thoughts on The Strengthening American Cybersecurity Act and what it means to US companies. Ben has an update on the Texas social media platform case, where Republicans are making the case that they are being censored by big social media platforms. Dave's story is on Canadian ISPs being ordered to block pirated streams of hockey games. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
NHL Broadcasters Win Canada’s First ‘Dynamic’ Pirate IPTV Blocking Order
NETCHOICE, LLC, DBA NETCHOICE, ET AL. v. KEN PAXTON, ATTORNEY GENERAL OF TEXAS ON APPLICATION TO VACATE STAY
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Guest Mark Lance from GuidePoint Security talks with Dave about the FBI's recent advice not to ban ransom payments, some listener follow-up from Kevin who asks for ways a company or small business could keep their security gaps out of courts, Ben shares the story of a judge allowing a lawsuit against Apple alleging privacy violation in its use of Siri, Dave's got the details on trade groups lobbying for streamlined breach reporting standards. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
U.S. judge rules Google must face much of lawsuit over Voice Assistant
Industry Groups Urge Lawmakers to Streamline Cyber Breach Reporting Rules
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Andrea D'Ambra, from Norton Rose Fulbright law firm, joins Dave to discuss their research on litigation and the privacy landscape, as well as how respondents anticipate that cybersecurity and data protection will be a top driver of new disputes in the next several years. Ben's story is on a new Justice Department policy for charging cases under the Computer Fraud and Abuse Act, and Dave's story is on new guidance from the FTC on student privacy issues. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Department of Justice Revises Policy for Charging Cases Under the Computer Fraud and Abuse Act
FTC Unanimously Adopts Policy Statement on Education Technology and COPPA
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Author, Garrett Graff, joins Ben Yelin to discuss his new book "Watergate: A new history," taking a deep dive into the 1970's scandal, specifically on surveillance and wiretapping and the legality behind it, Ben discusses a newly released court decision on Big Tech platform content moderation that shows a judicial split on the issue, and Dave's story is on the FBI’s surveillance of snapchat users. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
In the United States Court of Appeals For the Eleventh Circuit
FBI Wiretap Opens Window To Murderous Drug Gang—And A Crucial Flaw In Snapchat Privacy
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Guest Kimberly Patlis Walsh, President and Managing Director at Corporate Risk Solutions, joins Dave to discuss the evolution of cybersecurity and the correlating insurance marketplace, Ben's story covers ramifications of legal developments in Texas, and Dave discusses proposed legislation that takes the for-sale sign off the 4th Amendment. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Did Fifth Circuit Put Texas In Charge of The Internet?
Congress should pass the ‘Fourth Amendment Is Not For Sale Act’
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Guest Bill Tolson, Vice President of eDiscovery at Archive360 joins Dave to discuss compliance fatigue, Ben's story covers a settlement between the ACLU and Clearview AI, and Dave discusses some tech giants rallying behind a proposed New York Privacy bill. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Clearview AI settles suit and agrees to limit sales of facial recognition database.
Google, Microsoft and Yahoo back New York ban on controversial search warrants
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Patrick Sullivan from A-LIGN compliance and security discusses privacy implications of modernizing HIPAA and how it will affect healthcare and goes into why its taken this long to update a regulation that was written a decade ago, Ben's story covers an eye-opening footnote from a 9th Circuit court case about internet content collection, and Dave's story is on the surprising number of warrantless searches the FBI conducted last year. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Spy report: 3.4M warrantless searches of US data under FISA last year
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Lauren Van Wazer from Akamai shares her thoughts on the implications for the Biden administration’s executive order on cybersecurity, Ben's story is on a new EU landmark law aimed to force big tech companies to tackle illegal content such as limiting how digital giants target users with online ads, Dave's story is on the White house's Cyberwarfare and the power grab they are trying to demonstrate, and describes how cyber defense really became a thing throughout the last few presidential administrations. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
EU agrees on landmark law aimed at forcing Big Tech firms to tackle illegal content
The Biden White House’s Cyberwarfare Power Grab
Paul Innella, CEO of Tetrad Digital Integrity (TDI), discusses their new white paper on Board Risk, as well as clearing up some confusion on what could be next in the new era of Cyber Disclosures (regarding public companies, private equity requirements, Ben's story is on LinkedIn and what is considered hacking versus what is not, and Dave's story is on new technology helping over in the Russia-Ukraine war. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Court reaffirms that data scraping isn't hacking in LinkedIn appeal
Ukraine is scanning faces of dead Russians, then contacting the mothers
Aaron Painter from Nametag shares the importance of implementing identity in the security/authentication process, not only for data protection, but for building trust within digital interactions, Ben's story comes from "Last week tonight with John Oliver" on data brokers, and Dave's story is on how the US is preparing to deal with Russian attacks. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
U.S. Says It Secretly Removed Malware Worldwide, Pre-empting Russian Cyberattacks
Data Brokers: Last Week Tonight with John Oliver (HBO)
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Matt Malarkey, VP, Strategic Alliances, from Titania provides insight into the civil fraud initiative, Ben's story is on how US law enforcement agencies are accessing your personal information, and Dave shares a story on a SolarWinds bid and how a court denied it for trying to throw out a breach lawsuit. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
How can US law enforcement agencies access your data? Let’s count the ways
Court denies SolarWinds bid to throw out breach lawsuit
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Former Texas Congressman Will Hurd shares his new book, AMERICAN REBOOT, Ben shares a story about a new transatlantic agreement on data privacy, and Dave's story is on the story allegations from the DOJ that Google is playing fast and loose with attorney client privilege. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
U.S. and European leaders reach deal on trans-Atlantic data privacy.
Google routinely hides emails from litigation by CCing attorneys, DOJ alleges
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Guest Aron Solomon from Esquire Digital joins Dave to discuss why the EARN IT Act Matters, Ben shares a recent Federal District court case on geofencing, Dave's story is on how the SEC is proposing new cyber breach disclosure rules. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
The Fourth Amendment and Geofence Warrants: A Critical Look at United States v. Chatrie
SEC votes to propose new rules for cybersecurity disclosure and incident reporting
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Guest Liz Wharton from Scythe joins Ben to discuss the evolving privacy regulatory environment, Ben talks about the reluctance on the part of the United States and Russia to use offensive cyber tools, Dave's story is on the FTC and how they are requiring organizations to delete troublesome algorithms. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
‘Not the time to go poking around’: How former U.S. hackers view dealing with Russia
The FTC’s new enforcement weapon spells death for algorithms
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Guest Lauren Van Wazer, Akamai's Vice President for Global Public Policy, joins Dave Bittner to discuss their call for robust security in broadband rollout, Ben discusses two recent Supreme Court decisions on the state secrets privilege. Dave has the story of the US senate passing cyber breach notification legislation. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
C.I.A. Black Sites Are State Secrets, the Supreme Court Rules
Supreme Court Sides With F.B.I. in Case on Spying on Muslims
The Senate is finally passing big cyber bills
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Guest Jason Sarfati, Chief Privacy Officer and VP of Legal at Gravy Analytics, joins Dave to take a deep dive on what location data is and the approaches that different levels of stakeholders are taking with it, Ben talks about the moment of reckoning for big tech companies during the conflict in Ukraine, and Dave digs deeper into the executive order that enables our government’s intelligence activities. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Tech Firm Offers Cops Facial Recognition to ID Homeless People
Librarian's lament: Digital books are not fireproof
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Guests Mike Theis and Stacy Hadeka from Hogan Lovells join Dave to discuss the False Claims Act (FCA) and how it relates to cybersecurity, Ben has the story of a tech firm offering facial recognition technology to city governments to help them ID homeless people, and Dave shares the struggles of digital libraries in a world of stringent copyright laws. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Tech Firm Offers Cops Facial Recognition to ID Homeless People
Librarian's lament: Digital books are not fireproof
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Ron Brash from aDolus joins Dave to discuss software attack vectors faced by the shipping community, Ben has the story of two U.S. Senators issuing a new warning about CIA surveillance. Dave's got the story of proposed legislation that puts guard rails on social media algorithms. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Dem duo's warning of CIA 'warrantless backdoor searches' revives domestic spying debate
New algorithm bill could force Facebook to change how the news feed works
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Guest Patricia Thaine, CEO of Private AI, joins Dave to discuss protecting consumer privacy in developer applications, Ben has the story of the IRS backing off on their plans requiring taxpayers' facial scans for ID, and Dave's story is about the national security implications of the open data market. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
IRS abandons facial recognition plan after firestorm of criticism
The Open Data Market and Risks to National Security
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Guest Dr. Rois Ni Thuama, Head of Cyber Governance for Red Sift, stops by to talk with Dave about the changing landscape when it comes to governance and how organizations are approaching cyber, Ben discusses the latest on the Pegasus spyware story, Dave ponders the underlying policy issues in the recent controversy at Spotify. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
F.B.I. Secretly Bought Israeli Spyware and Explored Hacking U.S. Phones
Spotify’s Joe Rogan Problem Isn’t Going Away
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Guest Susan St. Clair of WhiteSource discusses increased regulation in the open source community with Dave. Ben looks at a lawsuit against Google targeting location data. and Dave talks about rising cyber insurance costs and the influence they have on best practices. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Four Attorneys General Claim Google Secretly Tracked People
District 87's cybersecurity insurance cost to jump 334%
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Guest Ruston Miles of Bluefin joins Dave to discuss compliance regulation as it relates to the payment security space, Dave and Been share some follow up from listener Casey on making Constitutional amendments easier and Rule 407 of the Federal Rules of Evidence as it applies to cyber incidents, Ben looks at the recent Russian takedown of alleged REvil masterminds, and Dave looks at warrantless requests for WhatsApp metadata. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Russia Says It Arrested Members of Notorious ‘REvil’ Ransomware Gang
WhatsApp Ordered To Help U.S. Agents Spy On Chinese Phones—No Explanation Required
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Guest Chris Hart, partner and co-chair of Foley Hoag's Privacy & Data Security Practice, joins Dave to discuss ransomware and cyber insurance, Ben talks about the role that attorneys play in the aftermath of cybersecurity incidents, and Dvae shares calls to amend the constitution. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Do the Legal Rules Governing the Confidentiality of Cyber Incident Response Undermine Cybersecurity?
UPGRADE OUR RIGHT TO PRIVACY
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Richard Carriere of CyberLink discusses how AI is transforming surveillance, Ben tracks down the controversy over Apple’s recently released AirTags, and Dave reviews regulatory changes coming in 2022. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Are Apple AirTags Being Used to Track People and Steal Cars?
Companies face stricter cyber rules in 2022
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Enjoy a peek into CyberWire Pro's Privacy Briefing as the team is off taking our long winter's nap. This is the spoken edition of our daily Privacy Briefing, focused on incidents, techniques, tips, compliance, rights, and trends. This episode's headlines: Data exposures: first responders, police-citizen interactions, childrens' PII, and hikers' information. Like what you hear? Consider subscribing to CyberWire Pro for $99/year. Learn more.
Guest James Gimbi, Director at technical advisory firm MOXFIVE, shares why he believes banning ransomware payments is bad policy, Ben shares some listener follow up from Twitter user @brentdstewart on CDA Sec230, Ben discusses the expansion of the so-called “Glomar response,” Dave looks at Google’s email scanning policies. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Secrecy Creep
Google Scans Gmail And Drive For Cartoons Of Child Sexual Abuse
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Guest Tiago Henriques from cyber insurance provider Coalition discusses the rapidly changing landscape of cyber insurance, Ben and Dave share some listener feedback from Chris about the explicit right to privacy, Ben discusses a recent ruling from the 10th circuit court of appeals that deals with warrantless wiretapping, and Dave looks at attempts to hold AI more accountable. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
FEDERAL APPEALS COURT DECISION ENDANGERS AMERICANS’ PROTECTIONS AGAINST NSA AND FBI SPYING
The movement to hold AI accountable gains more steam
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Guest is author, professor and consultant Dr. Susan Liautaud discussing technology and ethics—from social media to the sharing economy with Dave, Ben discusses a criminal case dealing with expectations of privacy in social media posts, and Dave looks at a controversial family safety app that some say overshares location data. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
SUPERIOR COURT OF STATE OF DELAWARE, State of Delaware v. Shuaka M. Briscoe
The Popular Family Safety App Life360 Is Selling Precise Location Data on Its Tens of Millions of Users
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Guest author and professor Neil Richards discusses his new book, "Why Privacy Matters" with Dave, Ben discusses a Pennsylvania court case relating to privacy on Wifi networks, and Dave looks at the Federal Trade Commission's investigation into US internet providers. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
[J-3-2021] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
Internet providers fail to inform Americans about how they use sensitive data for advertising, FTC says
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Thanks for joining us for our fun project brought to you by the team of Hacking Humans, the CyberWire's social engineering podcast. Co-hosts Dave Bittner and Joe Carrigan are joined by Rick Howard in this series where they view clips from their favorite movies with examples of the social engineering scams and schemes you hear about on Hacking Humans. In this episode, Dave, Joe and Rick are watching Joe's and Rick's scene picks. They watch each of the selected scenes, describe the on-screen action for you, and then the team deconstructs what they saw. Grab your popcorn and join us for a trip to the movies. Links to this episode's clips if you'd like to watch along:
Joe's clip from "The Simpsons: Father and Son Grifting" episode
Rick's pick from "Paper Moon"
Guest Jenny Lee from Arent Fox LLP to discuss the recent Facebook whistleblower testimony, Ben looks at the Justice Department’s attempts to combat ransomware, Dave's got the story of pending legislation targeting social media algorithms. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Justice Dept. Brings New Charges in Ransomware Attacks
Lawmakers come for Facebook algorithm with 'filter bubble' bill
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Welcome to a fun new project by the team who brings you Hacking Humans, the CyberWire's social engineering podcast. Co-hosts Dave Bittner and Joe Carrigan are joined by Rick Howard in this series. They view clips from their favorite movies with examples of the social engineering scams and schemes you hear about on Hacking Humans. In this first episode, Dave, Joe and Rick are watching Dave's and Joe's picks. They watch each of the selected scenes, describe the on-screen action for you, and then the team deconstructs what they saw. Grab your popcorn and join us for a trip to the movies. Links to movie clips if you'd like to watch along:
Dave's pick from "The Grifters"
Joe's clip from "Matchstick Men"
Guest Boris Segalis, Partner in Data, Privacy and Cybersecurity at Goodwin, discusses possible SEC proposals that would require companies to have standardized cybersecurity systems and to monitor their digital risks, Ben has the story of the Supreme Court declining to take up a case on FISA transparency, Dave shares BBC coverage of a location data vendor data breach. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Supreme Court won’t hear case seeking more transparency from secretive surveillance court
Location data collection firm admits privacy breach
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
It's our 100th episode! Guest Jon von Tetzchner of Vivaldi talks with Ben Yelin about his concerns with online surveillance and highly personalized targeting of users on the internet, Ben has the story of how the FBI gathers mobile device data, Dave looks at a recent case of biometrics being included in a search warrant. Did we mention it's our 100th episode? While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Here's the FBI's Internal Guide for Getting Data from AT&T, T-Mobile, Verizon
FBI Given Power To Unlock Capitol Riot Suspect Phone With His Fingerprint
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Robert Carolina, a lawyer living in the UK, talks with Dave about ethics in cybersecurity, Ben shares the story of the Missouri Governor threatening legal action against a reporter who found a flaw in the State’s website, and Dave's got the story of a facial recognition conference in Washington DC. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Missouri governor vows criminal prosecution of reporter who found flaw in state website
I attended a top surveillance conference in Washington, a bizarre experience in which industry insiders lamented being under attack
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Paul Robichaux of Quest Software joins Dave to talk about how government agencies can better protect citizen data, Ben has a story about the European Union considering a mandate for common chargers for all phones, and Dave's got the story an Uber driver in the UK getting locked out of his account because of facial recognition software. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
In a setback for Apple, the European Union seeks a common charger for all phones.
Ex-Uber driver takes legal action over ‘racist’ face-recognition software
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Guest Rob Shavell of DeleteMe talks with Dave Bittner about "how to protect local officials from doxxing and threats" amidst rising tensions over back-to-school policies, Ben's got the latest in FTC's antitrust case against Facebook, and Dave's story is about the Supreme Court considering disclosure of FISA court rulings. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Facebook again asks judge to dismiss FTC antitrust complaint, arguing it lacks ‘valid factual basis’
At the Supreme Court, a Plea to Reveal Secret Surveillance Rulings
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Our guest is author and journalist Steven Levy. He’s editor-at-large at Wired and his most recent book is "Facebook: The Inside Story. Steven offers his insights on Facebook’s internal research teams, Ben shares a newly-decided court case on whether Big Tech companies can be sued under the Anti-Terrorism statute, and Dave's got the story of some warrantless surveillance being declared unconstitutional in Colorado. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Federal appeals court clears social media companies in Pulse shooting lawsuit
Colorado Supreme Court Rules Three Months of Warrantless Video Surveillance Violates the Constitution
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Paul Karlsgodt from Baker Hostetler joins Dave to discuss the latest class action trend – wiretapping claims for use of standard online tracking software, Ben shares the story of some of the big online players bowing to pressure from Russian authorities. and Dave's got the story of the Supreme Court hearing a case on state secrets and FBI surveillance. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Google and Apple, Under Pressure From Russia, Remove Voting App
Supreme Court to Hear State Secrets Case on FBI Surveillance
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Mark Lance from GuidePoint Security talks with Dave about the FBI's recent advice not to ban ransom payments, some listener follow-up from Kevin who asks for ways a company or small business could keep their security gaps out of courts, Ben shares the story of a judge allowing a lawsuit against Apple alleging privacy violation in its use of Siri, Dave's got the details on trade groups lobbying for streamlined breach reporting standards. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
U.S. judge rules Google must face much of lawsuit over Voice Assistant
Industry Groups Urge Lawmakers to Streamline Cyber Breach Reporting Rules
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Guest Aaron Tantleff of Foley & Lardner’s Privacy, Security & Information Management Practice talks with Dave about how the Colorado privacy law differs from CCPA and how companies need to prepare, Ben has an update on Apple’s CSAM scanning plans, and Dave's got the details on Apple’s plans to integrate your official state ID into Apple Wallet. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Apple delays the rollout of child-safety features over privacy concerns.
Initial Details on Using Driver’s Licenses and State ID’s in Apple Wallet
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Guests Peter Singer and Lisa Guernsey, co-authors of New America's "Teaching Cyber Citizenship: Bridging Education and National Security to Build Resilience to New Online Threats," join Dave to discuss their work, Ben shares the story of people in Afghanistan scrubbing their online presence. Dave's got the story of US government agencies’ plans to increase the use of facial recognition technology. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Resources:
Afghans are racing to erase their online lives
US government agencies plan to increase their use of facial recognition technology
Teaching Cyber Citizenship: Bridging Education and National Security to Build Resilience to New Online Threats
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Guest David Derigiotis, Corporate Senior Vice President at Burns & Wilcox, joins Dave and Ben for an in-depth discussion this episode. Departing from our usual format, we take a closer look at the implications of Apple’s recent announcements that they will be enabling scanning for Child Sexual Abuse Materials, CSAM, on iOS devices. We devote the entire episode to this topic and hope you will join us. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Resources:
New York Times article: Are Apple’s Tools Against Child Abuse Bad for Your Privacy?
YouTube video: An Update on Apple's CSAM Scanning Plans
Accidental Tech Podcast: Episode 443 :A Storm of Asterisks
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Guest Jamil Jaffer from IronNet Cybersecurity joins Dave to share some of the key takeaways from President Biden’s Executive Order on cybersecurity, Ben looks at legislation aiming to better protect youngsters online. Dave shares an outline from the folks at Lawfare for more responsible offensive cyber security. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Blog: 4 key takeaways from Biden’s Executive Order on cybersecurity
New bill would update decades-old law governing children’s privacy online, add protection for teens
Responsible Cyber Offense
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Guest Luke Tenery, Partner at StoneTurn, joins Dave to discuss the recent confirmation of Jen Easterly as director of US Cybersecurity and Infrastructure Security Agency, Ben looks at increased scepticism over the use of gunshot sensing technology, Dave digs into class action lawsuits on the heels of ransomware. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Police Are Telling ShotSpotter to Alter Evidence From Gunshot-Detecting AI
First came the ransomware attacks, now come the lawsuits
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Guest David Derigiotis of Burns & Wilcox joins Dave to discuss protections related to fraud provided by the Electronic Fund Transfer Act, Ben looks at an Appeals Court case on peer-to-peer file sharing and the Fourth Amendment, Dave discusses the FBI’s recent testimony before a Senate Judiciary Committee on whether or not to ban ransomware payments. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
United States Court of Appeals For the Eighth Circuit No. 20-2570
FBI tells Congress ransomware payments shouldn't be banned
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Guest Anup Ghosh, CEO of Fidelis Cybersecurity, joins Dave to share his views on the private sector hacking back, Ben digs in to the NSO Group Pegasus spyware controversy, Dave looks at a Catholic Priest being outed through deanonymized mobile device data. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Israeli Spyware Maker Is in Spotlight Amid Reports of Wide Abuses
Despite the hype, iPhone security no match for NSO spyware
Top U.S. Catholic Church official resigns after cellphone data used to track him on Grindr and to gay bars
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Guest Sumit Sehgal of Armis, and Boston Medical's former CISO, comes on the show to discuss the uptick in cyberattacks on healthcare institutions and why it is no longer an option not to have cyber insurance, Ben takes a closer look at a specially modified Android phone, and Dave discusses how the Trump Administration's Department of Justice got creative in trying to ferret out leakers of classified information. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
We Got the Phone the FBI Secretly Sold to Criminals
Trump Justice Dept. effort to learn source of leaks for Post stories came in Barr’s final days as AG, court documents show
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Ben looks at the US Supreme Court’s potential interpretations of the computer fraud and abuse act, Dave's got a report out of the UK on AI algorithm oversight, and later in the show, Dave's conversation with Nina Jankowicz, Disinformation Fellow from the Wilson Center on her book: How to Lose the Information War: Russia, Fake News, and the Future of Conflict. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Argument analysis: Justices seem wary of breadth of federal computer fraud statute
The algorithms are watching us, but who is watching the algorithms?
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Guest Lauren Daming from Greensfelder, Hemker & Gale, P.C. joins Dave to discuss privacy issues, litigation and best practices concerning universities' use of remote proctoring platforms for exams, Ben shares some follow-up on the Baltimore spy plane, Ben's story examines an FTC memo addressing potential Facebook antitrust claims, Dave's got a story that looks at an Ohio law that could make videotaping the police a crime. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to follow-up and stories:
Federal appeals court rebukes Baltimore spy plane program, likely blocks access to cache of remaining footage
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Judge Throws Out 2 Antitrust Cases Against Facebook
Actually, the Antitrust Case Against Facebook Is Very Much Alive
Proposed law making cell phone video of cops a crime moves forward by Ohio legislators
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Guest Andrew Hammond, historian and chief curator at the International Spy Museum joins Dave to talk about the battle of privacy vs freedom in real life and online, Ben has the story of an appeals court decision protecting big tech companies from responsibility for acts of terrorism, Dave looks at a French surveillance company whose executives may find themselves in hot water. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Tweet that Ben uses as the basis of his story.
French spyware bosses indicted for their role in the torture of dissidents
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Guest Tiana Demas joins us from Cooley LLC to talk with Dave on the recent Second Circuit decision concerning identity theft, Ben unpacks the Trump administration’s gathering of metadata from members of Congress, and Dave's got the story of a judge pushing back on Google geofence warrant requests. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Second Circuit Rules Individuals Have Standing to Sue for ‘Increased Risk’ of Identity Theft
Hunting Leaks, Trump Officials Focused on Democrats in Congress
Google Geofence Warrants Endanger Privacy—Judges Now See The Threat
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Guest Robert Nelon a partner at the national law firm Hall Estill joins Dave to discuss Facebook’s decision to uphold their ban on former president Trump’s account, Ben reviews the Supreme Court’s decision on the Van Buren Case. Dave's got the story of a US state pushing Google to be classified as a public utility. Programming note: Dave and Ben recorded in studio! While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
The Supreme Court pared down a controversial anti-hacking law
Ohio sues to have Google declared a public utility
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Ben looks at new legislation restricting police use of DNA, Dave's got the story of the proposed algorithm transparency bill, and later in the show our conversation with Rita Garry from Robbins, Salomon & Patt on how data privacy laws are failing US consumers and businesses.
While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Two New Laws Restrict Police Use of DNA Search Method
Algorithm Transparency Bill Introduced
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Guest Chris Strand of IntSights joins Dave to talk about whether the "Normalization of Data Leaks" drives further need for federal data privacy regulation to combat complacency, Ben takes a look new legislation in Florida that would punish social media companies that suspend political candidates, Dave shares a story about Chicago’s predictive policing program. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Florida governor signs bill barring social media companies from blocking political candidates
HEAT LISTED
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Guest Leeann Nicolo is a ransomware negotiation expert from Coalition who joins Dave to discuss how they determine to pay out a ransomware gang, Ben takes a look at President Biden’s executive order on cyber security, Dave shares a story that has news of a bipartisan bill that would ban warrantless location data purchases. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Biden administration releases ambitious cybersecurity executive order
'Fourth Amendment Is Not For Sale Act' Would Ban Clearview and Warrantless Location Data Purchases
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Guest Marijus Briedis joins us from NordVPN to discuss their 2021 Online Banking Privacy Trends survey, Ben discusses a key Appeals Court case on cell site location information tracking, Dave takes a look at the Biden administration’s broadband proposals and why it’s giving cable companies heartburn. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Tweet that Ben uses for his story
In Biden’s broadband plan, cable is in for the fight of its life
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Our guest Caitlin Fennessy from International Association of Privacy Professionals (IAPP) joins Dave to discuss the shift in the privacy sector under the Biden administration, Ben shares he has been following the trial between Apple and Epic Games, Dave's got the story of a ruling that says SnapChat can be sued for their role in a fatal car crash, and Listener on the Line comes from Kevin about stolen encrypted data. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Apple and Epic Games meet in court on Monday. Here’s everything you need to know.
Snapchat Can Be Sued Over Role In Fatal Car Crash, Court Rules
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Our guest Erez Yalon, senior director of security research at Checkmarx joins Dave to discuss Apple’s App Tracking Transparency policy, Ben describes how the FBI has been found violating some privacy laws, Dave has the story of Apple being sued over access to movies you buy online, and our Listener on the Line is Jonathan sharing updates on the ParkMobile breach and asking how companies be held to account for the loss of "basic data" when the harms that result can't be directly linked to the loss? While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Federal court approved FBI’s continued use of warrantless surveillance power despite repeated violations of privacy rules
Apple sued for terminating account with $25,000 worth of apps and videos
ParkMobile Update: Security Notification - March 2021
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Our guests this week are Paul Moura and David Navetta from Cooley who share their thoughts on the importance of cyber insurance with Dave, Ben has the story of a lawsuit from some WeChat users, and Dave wonders if the FTC is cracking down on AI. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
California lawsuit against Chinese tech giant raises a thorny question: Can the plaintiffs remain anonymous?
Aiming for truth, fairness, and equity in your company’s use of AI
Twitter post about FTC blog post
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Grant Hosford, CEO of codeSpark on the impacts of U.S.'s digital divide, and what he believes local governments should do to ensure students have the tools they need to succeed in an increasingly online world, Ben has the story of the FBI reaching out and securing servers running unpatched versions of Microsoft Exchange, Dave shares how the 1st Circuit Court has upheld citizen’s right to secretly record police. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
FBI Accesses Computers Around Country to Delete Microsoft Exchange Hacks
First Circuit Upholds First Amendment Right to Secretly Audio Record the Police
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Guest Dean Gonsowski of ActiveNav joins Dave to discuss data privacy legislation and data governance, Ben explains a Supreme Court Justice’s take on Section 230, and Dave's got the story from Wired that wonders about the online curation of our memories. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Clarence Thomas blasts Section 230, wants “common-carrier” rules on Twitter
I Called Off My Wedding. The Internet Will Never Forget
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Guest Konstantinos Komaitis from the nonprofit Internet Society joins Dave to discuss the unintended consequences of uninformed online regulatory policies, Ben describes a class-action suit against Google alleging the sale of personal data, and Dave's got the story of a prison surveillance company keeping tabs on people outside the prison walls. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Google Faces Class Action for Allegedly "Selling Users' Data"
Prison Mail Surveillance Company Keeps Tabs On Those On the Outside, Too
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Guest is Donna Grindle CEO at Kardon and cohost of the Help Me with HIPAA podcast joins us with an update to the HITECH Act, Ben takes a closer look at video surveillance and privacy issues being argued in front of the First Circuit Court, and Dave looks at Facebook’s spotty record when it comes to reigning in their algorithms. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
A Police Camera That Never Tires Stirs Unease at 1st Circuit
How Facebook got addicted to spreading misinformation
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest is Heather Federman of BigID on the impact of Virginia's new Consumer Data Protection Act, Ben's story looks at potential reactions from the Biden White House to the SolarWinds hack, Dave's story shares the growing momentum behind a Google antitrust suit, and our Listener on the Line from the UK has some questions on the Instagram having the right to offer image embedding to other sites and if the copyright claim is relinquished once uploaded. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Biden administration mulls software security grades after SolarWinds
Google antitrust suit takes aim at Chrome’s Privacy Sandbox
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Guest is author Jason Boyce on his book, "The Amazon Jungle," Ben Looks at cell phone data gathered during the January 6th Capitol riot. Dave has statements from Senator Ron Wyden to an online advertising trade association. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
FBI seems confident in the granularity of their Capitol cell tower dumps
Jason Kint tweet
Take Control Of Your Privacy
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Bob Ackerman from Allegis Cyber talks about the potential effect of Federal regulation on the IoT security space, Ben looks at Virginia’s new privacy legislation, and Dave digs into a study on engagement with far left and far right content on Facebook. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Virginia governor signs nation’s second state consumer privacy bill
Far-right news sources on Facebook more engaging
The most engaging political news on Facebook? Far-right misinformation.
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Major Jess Dawson from Army Cyber Institute joins Dave to talk about microtargeting as information warfare, Ben's story looks at efforts to keep the government from tracking your location, and Dave has the story that wonders if gathering congress’ cell phone records is constitutional. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
App trackers secretly sell your location data to the government. App stores won’t stop them.
FBI seized Congressioinal cellphone records related to Capitol attack
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Mary Lee from the Rand Corporation joins Dave to discuss the Internet of Bodies (IoB): Opportunities, Risks and Governance, Ben looks at a state tax on social media advertising, and Dave's got the story of members of congress working with the Biden administration on Section 230 reforms. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Maryland Approves Country’s First Tax on Big Tech’s Ad Revenue
Exclusive: Big Tech's Democratic critics discuss ways to strike back with White House
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Guest Ameesh Divatia from Baffle joins Dave to discuss whether it’s time for a national privacy referendum, Ben looks at a plan congressional democrats are cooking up for section 230 of the communications decency act. and Dave has the story of a clever technique police officers are using to prevent being live streamed. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
This is the Democrats’ plan to limit Section 230
Is This Beverly Hills Cop Playing Sublime’s ‘Santeria’ to Avoid Being Live-Streamed?
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We have guest Jenna Waters from True Digital Security looking back at the last year of Covid and how that’s affected privacy, particularly in the medical field, Ben looks at a tool that can help determine if your image is part of a facial recognition library, and Dave has the story of law enforcement dodging public records rules through the use of encrypted messaging apps. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Here’s a Way to Learn if Facial Recognition Systems Used Your Photos
Michigan State Police Officials Are Dodging Public Records Obligations By Using Encrypted Messaging Apps
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We have guest Sophie Chase-Borthwick of Calligo joining us to discuss "The Top 3 Data Privacy Points the New U.S. Administration Must Focus On," Ben examines the ongoing online hunt for Capitol rioters, and Dave looks at the challenge of upholding free speech in the age of online digital platforms. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Digital fingerprints are identifying Capitol rioters
Why Is Big Tech Policing Speech? Because the Government Isn’t
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On this week’s show Dave speaks with guest Andrew Burt from the Yale Information Society Project (ISP) on Digital Future Whitepaper Series first whitepaper, "Nowhere to Hide: Data, Cyberspace, and the Dangers of the Digital World," Ben looks at the shift to more secure messaging apps in the fallout of Parler going offline, and Dave has the story of the FTC cracking down on misuse of facial recognition software. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Far-right groups move online conversations from social media to chat apps — and out of view of law enforcement
FTC Requires App Developer to Obtain Users’ Express Consent for Use of Facial Recognition
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On this week’s show Dave speaks with guest Dr. Dennis Hirsch from the Ohio State University's Risk Institute on his research on data ethics, and we unpack the aftermath of the riot and attack on the US Capitol, and the security and privacy issues that have arisen as a result. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
The siege of the US Capitol was a disaster for congressional cybersecurity — and experts say Congress will likely have to wipe all its computers and rebuild from scratch
An Absurdly Basic Bug Let Anyone Grab All of Parler's Data
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On this week’s show, we've got Dave's conversation with David Forscey with the Aspen Institute on their new Cybersecurity Collaborative Network, Ben shares why we were late getting started recording Caveat for 2021, Ben's story covers the ongoing issues with facial recognition software, and Dave has the story of California upholding restrictions on Stingrays. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Unregulated facial recognition must stop before more Black men are wrongfully arrested
Study: AVs May Not Detect Darker-Skinned Pedestrians As Often As Lighter Ones (related story)
Court Upholds Legal Challenge Under California Statewide Stingray Law
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Ben shares a story about dressing for privacy, Dave has the tale of location data putting an innocent man at the scene of a crime, and later in the show our interview with Admiral James Stavridis. He is the former Supreme Allied Commander of NATO. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Dressing for the Surveillance Age
Google data puts innocent man at the scene of a crime
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave has a story about police foundations buying hacking tools for local law enforcement, Ben looks at California’s prop-24 fight over the future of privacy, Dave takes a look at the conclusions of a House report that many of tech’s biggest firms are enjoying unfair monopoly power, and later in the show our conversation with Travis Leblanc from Cooley on the European court Invalidating the EU-US Privacy Shield. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: The Fight Over the Fight Over California’s Privacy Future Apple, Google, Facebook and Amazon abused monopoly power, House report says Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Ben covers a privacy story of California dealing with Uber, Dave's got the story of the FTC demanding information from social media companies, Listener on the Line Mitch has a throwback to an older episode's use of "weasel words," and later in the show, Dave's conversation with Michelle Litteken from Morris, Manning & Martin, LLP on an unexpected cybersecurity compliance rule that is forcing government contractors to act quickly. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Amazon, TikTok, Facebook, Others Ordered To Explain What They Do With User Data
California fines Uber $59 million, threatens license over refusal to hand over sexual assault data
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Ben looks at potential antitrust suits against Facebook, Dave looks at anti-hate speech laws in Germany that are serving as models for authoritarians around the world, our international LOTL asks about what the privacy of instant messaging platforms looks like in the US, and later in the show, Dave's conversation with Jennifer Strong, host of the new MIT Technology Review podcast, "In Machines We Trust." While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
State, federal authorities expected to file antitrust lawsuits against Facebook on Wednesday
Germany’s Online Crackdowns Inspire the World’s Dictators
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Ben looks at the US Supreme Court’s potential interpretations of the computer fraud and abuse act, Dave's got a report out of the UK on AI algorithm oversight, and later in the show, Dave's conversation with Nina Jankowicz, Disinformation Fellow from the Wilson Center on her book: How to Lose the Information War: Russia, Fake News, and the Future of Conflict. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Argument analysis: Justices seem wary of breadth of federal computer fraud statute
The algorithms are watching us, but who is watching the algorithms?
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Ben has the story of Amazon allegedly spying on warehouse workers, Dave has an overview of how cyber policy may play out in a Biden Administration, and later in the show Dave's conversation with Robert Carolina. He is general counsel for the Internet Systems Consortium, and a senior visiting fellow in the Information Security Group at the University of London. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Secret Amazon Reports Expose the Company’s Surveillance of Labor and Environmental Groups
How cyber policy will evolve under Biden
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Ben has an update on Baltimore’s spy plane, Dave wonders about the tension between free speech, disinformation and public health, and later in the show Dave's conversation with Laura Noren, NYU Visiting Professor of Data Science and VP of Privacy & Trust at Obsidian Security on who governs the cloud and what data protection regulations are actually enforceable. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Appeals court rules Baltimore “spy plane” does not violate privacy rights
Tweet Dave discusses
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Ben looks facial recognition technology being used on protesters, Dave's got the story of ICE and DHS buying up moment-by-moment mobile device location data, and later in the show Dave's conversation with Jamil Jaffer from IronNet Security. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Facial recognition used to identify Lafayette Square protester accused of assault
DHS Authorities Are Buying Moment-By-Moment Geolocation Cellphone Data To Track People
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
As we are not publishing in observance of Veterans Day, we thought you might like to check out an episode of our weekly Career Notes short form podcast that comes out on Sundays. Check it out and subscribe today! Technology attorney and startup chief of staff Elizabeth Wharton shares her experiences and how she came to work with companies in technology. Elizabeth talks about how she always liked solving problems and Nancy Drew mysteries, but not litigation. These morphed finding into her home in the policy legal world and some time later, technology law. Elizabeth describes how she loves planning and strategy in her work and encourages others to ask questions and absorb all of the information. Our thanks to Elizabeth for sharing her story with us.
Dave wonders if Facebook’s Mark Zuckerberg isn’t asking congress to throw him in the briar patch. Ben looks at the massive amount of data politicians gather on voters, our Listener on the Line came about when Dave was chatting with his pal Jason DeFillippo on Grumpy Old Geeks about facial recognition software, and later in the show, Dave has a conversation with Curtis Simpson, CISO at Armis, he shares his thoughts on some recent IoT legislative updates. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
How politicians target you: 3,000 data points on every voter, including your phone number
Facebook's Mark Zuckerberg calls for Section 230 reform, 'Congress should update the law'
Activists Turn Facial Recognition Tools Against the Police
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave a story about the US Department of Justice bringing antitrust charges against Google, Ben looks at the increased use of phone cracking tools by law enforcement, and later in the show, Dave talks with Morgan Wright, chief security advisor at SentinelOne, former Senior Law Enforcement Advisor for the 2012 Republican National Convention and Senior Advisor in the US State Department Antiterrorism Assistance Program. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
U.S. Accuses Google of Illegally Protecting Monopoly
The Police Can Probably Break Into Your Phone
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Ben looks at a case involving mobile device passwords and Miranda rights, Dave has a story about warrants for Google keyword searches. and later in the show Ben speaks with Ben Wright, Professor at SANS Institute on setting performance standards for security and associated liabilities. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories:
Twitter: Orin Kerr
Mickelson v. State
Google is giving data to police based on search keywords, court docs show
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave has a story about police foundations buying hacking tools for local law enforcement, Ben looks at California’s prop-24 fight over the future of privacy, Dave takes a look at the conclusions of a House report that many of tech’s biggest firms are enjoying unfair monopoly power, and later in the show our conversation with Travis Leblanc from Cooley on the European court Invalidating the EU-US Privacy Shield. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: The Fight Over the Fight Over California’s Privacy Future Apple, Google, Facebook and Amazon abused monopoly power, House report says Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave has a story about police foundations buying hacking tools for local law enforcement, Ben describes a judge’s reaction to the Trump administration's attempt to ban the TikTok app, and later in the show our conversation with Aaron Brantly, cybersecurity expert from Virginia Tech on cyber criminals putting U.S. COVID-19 research efforts at risk. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: Judge suggests Trump administration overreached in TikTok case A Police Charity Bought an iPhone Hacking Tool and Gave it to Cops Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave has a story about websites tracking you every online move, Ben describes concerns over allegations that Homeland Security was tapping protester’s phone lines in Portland, and later in the show our conversation with Andrew Burt, visiting fellow at Yale Law’s information society project, former FBI policy advisor, and chief legal officer at Immuta on Google Geofencing. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: Federal Agencies Tapped Protesters’ Phones in Portland The High Privacy Cost of a “Free” Website Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave has an update on Baltimore’s spyplane, Ben describes concerns over violations by the FBI, CIA, NSA of FISA court rules, and later in the show our conversation with Kim Zetter on her recent article in The Intercept, titled “How Cops Can Secretly Track Your Phone.” It’s all about stingrays and dirtboxes, so stick around for that. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: Elizabeth Goitein on Twitter In appeals court, Baltimore surveillance plane suit gets a mixed reaction Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave's has the story of adult websites and their reaction to deepfakes, Ben describes a ruling from the 9nth circuit court that has 4th amendment implications, and later in the show our conversation with Scott Giordano, VP and Sr. Counsel, Privacy and Compliance at Spirion on the surprising ways your data can be used against you, and how you can protect yourself and those who matter most. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: United States v. Moalin - Ninth Circuit Opinion Porn Sites Still Won’t Take Down Nonconsensual Deepfakes Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave looks at one state’s plan to provide internet to rural students, Ben describes a controversial move by California lawmakers to implement immunity passports, and later in the show our conversation with Matt Lewis and Jennifer Fernick, researchers for the NCC Group on 'Smart' Cities: Weighing the Benefits Against the Dangers. Links to stories: California: Tell Your Senators That Ill-Conceived “Immunity Passports” Won’t Help Us Maryland has a plan to beam internet to rural students. But officials say it won’t be ready until next year. Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave reviews an essay from top US officials on persistent engagement as US cyber doctrine, Ben describes the potential implications of a ruling on geofencing, and later in the show our conversation with Sean Brooks, Director of the Center for Long-Term Cybersecurity’s Citizen Clinic program on his recent report, "Digital Safety Technical Assistance at Scale." While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: Orin Kerr via Twitter How to Compete in Cyberspace: Cyber Command’s New Approach Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave describes how California is providing data - a lot of data - the private investigators, Ben explains how Miami police were using facial recognition software to identify protesters, and later in the show our conversation with Stephen Cavey, Ground Labs’ Co-Founder and Chief Evangelist on the CCPA 6-month grace period that ended on July 1st. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: Miami Police Used Facial Recognition Technology in Protester's Arrest California DMV Is Selling Drivers' Data to Private Investigators Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Ben describes a lawsuit accusing Zoom of misrepresenting their encryption, Dave shares a new project from the EFF that hunts Stingrays, and later in the show, Dave speaks with Rande Price and Chris Pedigo from Digital Content Next, a trade association for digital publishers, about the challenges of aligning the data that websites and apps collect with what consumers expect. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: The Cybersecurity 202: Zoom sued by consumer group for misrepresenting its encryption protections Stingrays can track your phone but were hard to detect. A new project changes that. Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave describes the business concerns of a company who makes their living scraping data, Ben explores the legal importance of being able to analyze source code, and later in the show Ben speaks with Professor Julia Lane, Professor at the NYU Wagner Graduate School of Public Service on her forthcoming book, Democratizing Our Data: A Manifesto. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: EFF and ACLU Tell Federal Court that Forensic Software Source Code Must Be Disclosed This Billion Dollar Company Considers Privacy Laws a Threat to Its Business Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave's got the story of the Google geofencing location requests coming under scrutiny, Ben describes how federal officers are using social media streams to track down protesters, and later in the show our conversation with Max Kirby from Publicis Groupe on the Evolution of the internet: how did we get to this point. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: How feds used a YouTube livestream to arrest a Portland protester Police Requests for Google Users’ Location Histories Face New Scrutiny Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave's got the story of the Department of Homeland Security authorizing the collection of information on protestors, Ben covers a European court ruling affecting Facebook, and later in the show our conversation with Elissa Redmiles, a Researcher in the Security & Privacy Group at Microsoft Research. We’ll be getting her take on the privacy concerns of the coronavirus apps. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: EU court voids data-sharing pact with the U.S. in Facebook privacy case DHS authorizes personnel to collect information on protesters it says threaten monuments Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave's got the story of police using smart streetlights to investigate protesters, Ben has the story of major tech companies responding to China’s new Hong Kong security law, and later in the show our conversation with Scott Godes, partner with Barnes & Thornburg on how companies who are affected by data breaches should approach insurance recovery. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: The Secret Service Tried to Catch a Hacker With a Malware Booby-Trap Police Are Buying Access to Hacked Website Data Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave's got the story of police using smart streetlights to investigate protesters, Ben has the story of major tech companies responding to China’s new Hong Kong security law, and later in the show our conversation with Hilary Wandall, SVP of Privacy Intelligence at TrustArc, on healthcare privacy issues. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: TikTok pulls out of Hong Kong as tech companies push back against new security law Police Used Smart Streetlight Footage to Investigate Protesters Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave's got the story of a school district in hot water over facial recognition issues, Ben has the story of protesters being tracked via their mobile devices, and later in the show our conversation with Shannon Vavra with CyberScoop on her recent article, "Huawei execs admit they don't know whether their tech is used for surveillance." While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: Almost 17,000 Protesters Had No Idea A Tech Company Was Tracing Their Location Lockport school district will intervene in NYCLU lawsuit Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave's got the story of the IRS giving up on location data, Ben has the story of a man wrongfully arrested due to a facial recognition match, and later in the show our conversation with Fred Cate, Vice President for research at Indiana University and author of the book "Bulk Collection: Systematic Government Access to Private-Sector Data." While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: Wrongfully Accused by an Algorithm IRS Used Cellphone Location Data to Try to Find Suspects Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave's got the story of how the FBI used open source intelligence to track down an alleged arsonist, Ben describes a facial recognition test that took place at the Rose Bowl, and later in the show our conversation with Maureen Webb on her forthcoming book, Coding Democracy: How Hackers Are Disrupting Power, Surveillance, and Authoritarianism. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: 30,000 Unsuspecting Rose Bowl Attendees Were Scooped Up in a Facial Recognition Test Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave's got the story of law enforcement using enhanced Stingray technology, Ben explains why IBM is no longer pursuing facial recognition technology, and later in the show our conversation with John Ackerly, CEO of Virtru Corporation. We’ll be discussing protecting our right to privacy in the midst of the COVID-19 pandemic. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: Agencies Spending Millions on 'Crossbow' Spy Tech, an Upgraded Stingray IBM will no longer offer, develop, or research facial recognition technology Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave's got the story of a class action privacy suit targeting Google, Ben takes a look at surveillance in a time of protests and unrest, and later in the show our interview with Maryland State Senator Katie Fry Hester. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: America is awash in cameras, a double-edged sword for protesters and police Suit Claims Google’s Tracking Violates Federal Wiretap Law Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4.
Dave’s got the story of a judge ruling that powering up a mobile device requires a warrant, Ben takes a look at Twitter adjusting their policies in response to the President, and later in the show our conversation with Ken Dort, data privacy lawyer at Faegre Drinker on insights into the online data-privacy bills under consideration in New Jersey. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: Twitter Refutes Inaccuracies in Trump’s Tweets About Mail-In Voting (Twitter) @realDonaldTrump: Republicans feel that Social Media Platforms totally silence conservatives voices... Just turning your phone on qualifies as searching it, court rules Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave describes how law enforcement may be using a new technique to access suspects’ iPhones, Ben takes a look at a Senate vote that may signal surveillance reform, and later in the show our conversation with Adam Segal, Senior Fellow at Council on Foreign Relations on tech and cyber competition with China. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: Surprising Senate Vote Signals New Hope for Surveillance Reform iPhone spyware lets police log suspects' passcodes when cracking doesn't work Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave has the story of the potential expansion of the Patriot Act. Ben takes a look at hacking tools that were offered up to local law enforcement. And later in the show my conversation with Alan Z. Rozenshtein, associate professor of law at University of Minnesota. We’re discussing his recent article in Lawfare, Government Surveillance in an Age of Pandemics. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: Mitch McConnell Moves to Expand Bill Barr’s Surveillance Powers NSO Group Pitched Phone Hacking Tech to American Police Government Surveillance in an Age of Pandemics Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave has the story of a facial recognition research project that claims to be able to predict criminality, Ben takes a look at privacy in the face of contact tracing app and coronavirus, and later in the show our conversation with Jules Polonetsky, CEO of the Future of Privacy Forum on how privacy is better understood as a human right, privacy risks that will grow in prominence during the 2020s, and rising technologies that will be used to manage privacy over the next decade. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: Research brief on facial recognition software Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave has the story of a US appeals court asking why a Facebook encryption order should remain sealed, Ben takes a look at the effects of GDPR, and later in the show our conversation with Tarah Wheeler, she is a Cybersecurity Policy Fellow at New America, we spoke about why the world desperately needs digital a Geneva Convention. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to stories: U.S. appeals court asks why Facebook encryption order should stay sealed Europe’s Privacy Law Hasn’t Shown Its Teeth, Frustrating Advocates Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave's got the story of a landlord who may run afoul of the Computer Fraud and Abuse Act, Ben wonders if the big tech CEOs could be held liable for contact tracking apps, and later in the show my conversation with Joseph Cox. He is a Senior Staff Writer at Motherboard and will be discussing his recent article How Big Companies Spy on Your Emails. Links to stories: Apple and Google CEOs should be held responsible for protecting coronavirus tracking data, says GOP Sen. Hawley The twitter thread from Dave's story Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave's got the story of photographer who came up short in an online copyright claim, Ben wonders if the Supreme Court is going to take a look at the Computer Fraud and Abuse Act, and later in the show my conversation with Dmitri Alperovitch. He is the co-founder and former CTO at CrowdStrike. We’ll be discussing the recently published cybersecurity solarium report. Links to stories: Photographer can’t sue a website for embedding her Instagram post, says court Is the Supreme Court About to Take Its First Big CFAA Case? Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave shares the details of New York’s new data breach notification law and how it may affect businesses. Ben examines the Electronic Frontier Foundation’s approach to evaluating government demands for new surveillance powers. And later in the show our conversation with David Holtzman from CynergisTek. We’ll be looking at how HIPAA privacy and security standards have been impacted by the federal response to the Covid-19 pandemic. Links to stories: New York’s New Data Breach Notification Law: What Businesses Should Know How EFF Evaluates Government Demands for New Surveillance Powers Listener on the line: First-Ever CCPA Cause of Action Filed in a Federal Court, but Is This Class Claim Short-Lived? Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave has a fascinating application of anonymized data to show travel patterns during the coronavirus pandemic. Ben discusses the temptation to increase surveillance during this pandemic, and later in the show my conversation with Professor Yehuda Lindell, CEO and co-founder of Unbound Tech on government requests for data: What does it mean for your organization? Links to stories: The temptation of coronavirus surveillance Terrifying cellphone ‘heat map’ shows just how much people are still traveling Thanks to Elizabeth Wharton @lawyerliz, former Caveat guest for the assist. Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Ben and Dave discuss the policy and privacy issues surrounding the global coronavirus pandemic, and later in the show our interview with Lily Hay Newman. She is a senior writer at WIRED, and we’ll be discussing browser privacy. Links to stories: U.S. Government, tech industry discussing ways to use smartphone location data to combat coronavirus DOJ asks Congress for broad new powers amid Covid-19. Schumer says, “Hell no.” Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Ben and Dave discuss the policy and privacy issues surrounding the global coronavirus pandemic, the Listener on the Line has a question about ZTE bribery and later in the show our interview with Nancy Kim. She is the ProFlowers Distinguished Professor of Internet Studies and Professor of Law at California Western School of Law, and author of several books including Consentability - Consent and Its Limits. Be sure to stick around for that. Links to stories: Surveillance Company Says It's Deploying 'Coronavirus-Detecting' Cameras in US Israeli Spyware Firm Wants to Track Data to Stop Coronavirus Spreading U.S. Probes Chinese Telecom Giant ZTE for Possible Bribery Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Ben shares a story about dressing for privacy, Dave has the tale of location data putting an innocent man at the scene of a crime, and later in the show our interview with Admiral James Stavridis. He is the former Supreme Allied Commander of NATO. Links to stories: Dressing for the Surveillance Age Google data puts innocent man at the scene of a crime Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Ben has an update on NSA’s phone surveillance program, Dave has a story about cars snitching on their owners, and later in the show our interview with Liesyl Franz. She is from the U.S. Department of State in the Office of the Coordinator for Cyber Issues. Links to stories: N.S.A. Phone Program Cost $100 Million, but Produced Only Two Unique Leads My car was in a hit-and-run. Then I learned it recorded the whole thing. Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Ben explains why Apple may pay half a billion dollars to settle a class action suit, Dave has an update on last week's GPS tracking device story, and later in the show our interview with Riana Pfefferkorn. She is Associate Director of Surveillance and Cybersecurity at the Center for Internet and Society at Stanford Law. We’ll be discussing her recent article, “The earn it act: How to ban end-to-end encryption without actually banning it.” Links to stories: N.S.A. Phone Program Cost $100 Million, but Produced Only Two Unique Leads Removing a GPS tracking device from your car isn’t theft, court rules The earn it act: How to ban end-to-end encryption without actually banning it Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Ben wonders why law enforcement are often cagey when it comes to revealing the electronic surveillance tools they make use of, Dave shares a story of a judge requiring an insurance company to help a small business clean up after a ransomware attack, and later in the show we speak with Peter A. Halprin, who is a partner in Pasich LLP’s New York office; we’ll be discussing ransomware and his insights on potential future privacy statutes. Links to stories: Why we don’t know as much as we should about police surveillance technology Judge forces insurer to help small business to clean up after a crippling ransomware attack Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Ben describes a decades-long global espionage campaign alleged to have been carried out by the CIA and NSA, Dave shares a story about the feds using cell phone location data for immigration enforcement, and later in the show our conversation with Drew Harwell from the Washington Post on his article on how Colleges are turning students’ phones into surveillance machines. Links to stories: ‘The intelligence coup of the century’ RIGGING THE GAME Spy sting Federal Agencies Use Cellphone Location Data for Immigration Enforcement Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave shares a story about the government compelling some tech giants to help find a WhatsApp drug dealer, Ben follows developments on the ClearView facial recognition story that the New York Times recently broke, and later in the show, our conversation with Tommy Ross. He serves as Senior Director of Policy, BSA | The Software Alliance, and we’re going to be discussing encryption and law enforcement access to data. Links to stories: Feds Order Massive Number Of Tech Giants To Help Hunt Down One WhatsApp Meth Dealer Google, YouTube, Venmo and LinkedIn send cease-and-desist letters to facial recognition app that helps law enforcement NEMA's Manufacturer Disclosure Statement for Medical Device Security Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave shares a story about Amazon trying to have its cake and eat it, too when it comes to product liability. Ben has developments on the ClearView facial recognition story that the New York Times recently broke, and later in the show our conversation with Mike Overly from Foley & Lardner on cybersecurity in aviation. Links to stories: How amazon escapes liability for the riskiest products on its site Class-action lawsuit filed against controversial Clearview AI startup Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave shares a story about our own state of Maryland trying to crack down on ransomware, Ben shares a New York Times story about facial recognition software, and later in the show our conversation with Stuart Thompson from the New York Times on the article, Twelve Million Phones, One Dataset, Zero Privacy. Links to stories: How ransomware bill would tighten focus on the threat in Maryland The Secretive Company That Might End Privacy As We Know It Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave shares a story about congress struggling to define acts of war in cyberspace. Ben has Apple's response to the DOJ's request to unlock yet another iPhone, and later in the show we interview Andrea Little Limbago the Chief Social Scientist at Virtru about her upcoming talk at the RSA Conference regarding the global battle against encryption. Links to stories: Congress struggles on rules for cyber warfare with Iran Apple responds to AG Barr over unlocking Pensacola shooter's phone: "No." Andrea L Limbago at RSA 2020 Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave shares a story from Gizmodo about lawsuits aimed at Ring and Amazon. You asked - Ben listened - his take on an op-ed from the New York Times about cell phone tracking, and later in the show we interview Michelle Dennedy, formerly of Cisco and now CEO of DrumWave about the future of data value and... elephant masseuses. Links to stories: Ring and Amazon Sued for Security Camera Hacks They Blamed on Customers One nation, tracked Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave shares a Washington Post story about the data your car may be collecting about you. Ben digs in to recent revelations about government surveillance, and later in the show we interview Jason G. Weiss, former forensic expert with the FBI and current Counsel at Drinker Biddle and Reath, where he focuses on cyber security and privacy law. Links to stories: https://www.washingtonpost.com/technology/2019/12/17/what-does-your-car-know-about-you-we-hacked-chevy-find-out/ https://www.cnet.com/news/aclu-is-suing-ice-for-details-on-how-it-uses-phone-spying-devices/ https://www.nytimes.com/2019/12/11/us/politics/fisa-surveillance-fbi.html Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
On this week’s show Ben unpacks a recent Capital Hill hearing on the crypto wars, Dave describes a ruling that addresses biometrics and self incrimination. Our guest is Christopher Whyte, an assistant professor of homeland security and emergency preparedness at Virginia Commonwealth University. We’ll be discussing the notion that cyber security in the White House is in disarray. Links to stories: https://gizmodo.com/apple-pushes-back-as-senates-nightmare-anti-encryption-1840346951 https://www.forbes.com/sites/thomasbrewster/2019/01/14/feds-cant-force-you-to-unlock-your-iphone-with-finger-or-face-judge-rules/#576323f042b7 https://www.axios.com/scoop-cyber-memo-warns-of-new-risks-to-white-house-network-9aa19c6c-77a3-485b-919b-1dd9bd691514.html https://wilder.vcu.edu/people/faculty/christopher-whyte-.html Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Ben shares a story of student privacy in an age of surveillance. Dave describes efforts by the state of Georgia to put parts of their official legal code behind a paywall. The listener on the line wonders about speed cameras. Our guest is Donna Grindle, founder and CEO of Kardon and the co-host of the Help Me With HIPAA podcast. Links to stories: https://www.theguardian.com/education/2019/dec/02/school-surveillance-us-schools-safety-shootings https://arstechnica.com/tech-policy/2019/12/justices-debate-allowing-state-law-to-be-hidden-behind-a-pay-wall/ https://helpmewithhipaa.com/podcasts/ Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
In this episode, "Moving the needle in the federal space," Ben describes US Senate Democrats' proposal for new privacy legislation. We have a story from the Supreme Court of Pennsylvania on the 5th Amendment and password privacy. And later in show we interview Robert Sheldon, Head of Technology Strategy for Public Sector at CrowdStrike, discussing Federal cybersecurity and how those efforts connect to broader IT modernization initiatives. Links to stories: https://www.washingtonpost.com/technology/2019/11/26/top-senate-democrats-unveil-new-online-privacy-bill-promising-tough-penalties-data-abuse/ https://www.eff.org/deeplinks/2019/11/victory-pennsylvania-supreme-court-rules-police-cant-force-you-tell-them-your https://youtu.be/ymaWq5yZIYM Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave wonders if a case involving a GPS tracker has drifted toward absurdity. Ben reviews a Pew survey on attitudes toward privacy. Our guest is Aleksandr Yampolskiy from Security Scorecard. He shares his thoughts on privacy legislation and the crypto wars.
Links to stories: https://arstechnica.com/tech-policy/2019/11/man-charged-with-theft-for-removing-police-gps-tracker-from-his-car/ https://www.nytimes.com/2019/11/15/opinion/privacy-facebook-pew-survey.html Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
On this week’s show Ben shares news on the ability of the government to search your electronic devices at the border, Dave has a story about Google drawing the attention of HHS for gathering medical patient data and later in show my interview with Bret Cohen, president and CEO from Tier1cyber. He shares his insights on some of the parallels between data security and privacy laws and environmental legislation. Links to stories: https://www.eff.org/press/releases/federal-court-rules-suspicionless-searches-travelers-phones-and-laptops https://www.statnews.com/2019/11/13/hhs-probe-google-ascension-project-nightingale/ Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Ben looks at the cozy relationship between Ring and local law enforcement, Dave shares a story about a DNA tests and search warrants. Our listener on the line wonders about deleted emails. Our guest is Michael Chertoff, former US Secretary of Homeland Security, now head of the Chertoff Group. Links to stories: https://gizmodo.com/ring-gave-police-stats-about-users-who-said-no-to-law-e-1837713840 https://www.nytimes.com/2019/11/05/business/dna-database-search-warrant.html Got a question you'd like us to answer on our show? Send your audio file to caveat@thecyberwire.com or leave a message at (410) 618-3720.
Ben describes a potential loophole in medical records privacy regulations. Dave shares a story of a woman ordered by a judge to unlock her mobile device. Our listener on the line wonders how digital assistants may run up against two-party consent laws. Our guest is Ray Walsh from ProPrivacy.com, discussing new legislation in California dealing with manipulated video and deepfakes. Links to stories: https://www.washingtonpost.com/technology/2019/10/22/help-desk-can-your-medical-records-become-marketing-we-investigate-readers-suspicious-patient-portal/ https://www.oregonlive.com/news/2019/10/oregon-judge-ordered-woman-to-type-in-her-iphone-passcode-so-police-could-search-it-for-evidence-against-her.html Got a question you'd like us to answer on our show? Send your audio file to caveat@thecyberwire.com or leave a message at (410) 618-3720.
Ben wonders if the NSA's authority to collect metadata will be renewed. Dave describes an expensive case of mobile device snooping. Our listener on the line wonders if the feds can monitor his laptop. Our guest is Elizabeth Wharton from Prevalion on biometric data security. Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Dave shares a candidate's plan to make personal data private property. Ben describes a system of crowdsourced private surveillance. The listener on the line has a question about expectations of privacy in places like shopping malls. Our guest is Kim Phan from the law firm Ballard Spahr, here to discuss new privacy legislation going into effect in Nevada. Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.