Decrypted Unscripted: Recent Episodes
Perkins Coie LLP
Data is the new gold. In the era of COVID-19, companies that have mastered the digital landscape will lead the way to reopening economies across the globe. In Decrypted Unscripted, we examine the privacy landscape, from regulatory developments to litigation trends. Hosted by Perkins Coie partners Dominique Shelton Leipzig and David Biderman, we explore strategies for compliance with evolving privacy laws through unscripted conversations with C-suite execs, regulators, and leading privacy and data security professionals. These timely discussions are essential listening for anyone managing data as a pre-tangible asset and preparing vigorous defenses against the next wave of privacy and data security class actions.
In this episode, Joe Navarro, former FBI special agent and expert in nonverbal communication, shares insights from his unique background. He discusses how his early life in Cuba shaped his understanding of body language and the transition from intuitive observations to structured analysis. Navarro explores the critical role of body language in interviews, negotiations, and daily interactions, offering practical advice to enhance persuasive communication. He delves into cultural sensitivities, individual differences, and the psychology of first impressions and empathy, drawing from his experiences with high-stakes negotiations. Joe also examines the limitations of virtual communication, contrasting it with the evolutionary advantages of face-to-face interactions.
In this conversation, Jeremy Hurewitz shares his unique journey from journalism to corporate security and describes how his experiences have shaped his understanding of persuasion and influence. He discusses his regular work with lawyers and law firms, explores the importance of active listening, radical empathy, and elicitation in sales, and introduces his “Crawl, Walk, Run” strategy for building client relationships.Jeremy emphasizes that both introverts and extroverts can excel in making connections. He tells us how personal passions can enhance connections and delves into behavioral science’s role in sales and negotiation, offering strategies for de-escalating emotionally charged situations. Our discussion also touches on negotiation tactics in global conflicts, emphasizing the need for emotional intelligence and relationship building in professional settings.
Our guest this week, John Blumberg, author of Persuasion Science for Trial Lawyers, describes how he incorporates developments in psychology, behavioral economics and decision making science into trial presentations. He describes why information is accepted or rejected by jurors and how decisions by juries can be affected by cognitive overload, mental shortcuts, and biases. He emphasizes the importance of presenting information simply and empowering juries to make their own decisions in an advocates framework, rather avoiding telling jurors what to think in court. John also discusses the concept of false memories and the impact of preconceived beliefs on jury decisions and shares the top three tactics lawyers can use to be more persuasive.
Prof. John Dowling joins us on The Persuasion Occasion to discuss the science of memory and learning. We explore the mechanisms of neurotransmission and modulation in the brain and how long-term memories are formed through biochemical changes in the brain. John dives into the creative and reconstructive nature of memory, the role of attention and emotions in perception and memory, and the creative limitations of AI.
Pat Pattison, a professor at Berklee College of Music, joins us this week to discuss the transformative impact of music and share insights on writing song lyrics, including structure, emotional tone, and intentionality. We discuss the significance of metaphor and authenticity in creating a cohesive and effective song. Pat also shares stories about his life in music, including jamming with the Doobie Brothers and Beach Boys, and discusses various songwriting techniques and trends, including Taylor Swift’s fast writing style.
In part two with Jason Blume, we delve into the elements of a successful and persuasive song. Jason shares invaluable insights and practical advice that can translate from songwriting to any arena. Jason emphasizes that while good songs are plentiful, what sets successful ones apart is their unique angle and fresh approach. He also touches on the importance of song structure, explaining that most hit songs follow a few familiar structures as do persuasive arguments, necessary for effectively communicating a message to listeners.
Jason Blume joins us this week to share his struggles, challenges, and successes in Negotiation in the music industry. He emphasizes the importance of persistence, networking, and collaboration. He discusses the interplay between creativity and business in songwriting, highlighting the need for songwriters to understand both aspects of the industry. We also dig into the key elements of persuasive songwriting, such as melody, repetition, and relatable lyrics.
Jason Blume is a songwriter with more than 50 million album sales. He has had singles on Billboard’s Pop, Country, and R&B charts, and his songs have been recorded by artists including Britney Spears, the Backstreet Boys, the Oak Ridge Boys, K-Pop & J-Pop artists. He composed the background score and songs for an Emmy-winning TV show, and his songs have been heard in top TV shows and movies.
“We have to put ourselves in the position to tip the scales in our favor to get lucky.” - Jason Blume
This week on The Persuasion Ocassion:
* How Jason found success writing for others after his initial aspirations to be a superstar artist failed
* Jason shares his journey from a temp agency to an A&R department at RCA Records in the 80s.
* How it felt to write over 1000 songs in 11 years and have them all rejected by publishers
* How Jason negotiated a life-changing deal that got him a staff writing deal at a music publishing company
* Jason shares his experience of hearing iconic country songs and cowriting a potential hit with a professional writer in Nashville.
* How Jason's life changed when the Oak Ridge Boys recorded their song
* Why he decided to go on Wheel of Fortune and some of the research he put in to make sure that he was lucky on the show
* Why Jason chose to sign with a company that had a record label and worldwide offices despite them making him a lower financial offer
* Why the quality of the song is crucial for success in the music industry, but so is the ability to navigate the business side of things
* Jason discusses songwriting techniques, including repetition and using a hook to make a song memorable
* Why Jason believes AI can be a useful tool for generating effective titles, as he found with his second Britney Spears recording
Connect with Jason Blume:
* Jason Blume
Connect with David and Jasmine:
* David T. Biderman at Perkins Coie
* Jasmine Wetherell at Perkins Coie
On this show, Dan Ariely, Duke University professor and noted author, discusses behavioral psychology and persuasion, the dangers of misbelief, and the growing phenomenon of identity polarization in the digital age. Dan shares how misbelief can lead to a distorted view of reality, where everything is seen through the lens of a particular belief or perspective. We also dive into the significance of clear and concise communication in legal settings and the importance of navigating difficult conversations with empathy and respect.
Dan is the James B. Duke Professor of Psychology & Behavioral Economics at Duke University and founded the Center for Advanced Hindsight. Dan also co-created the film documentary (Dis)Honesty: The Truth About Lies and wrote three-time New York Times bestsellers: Predictably Irrational, The Upside of Irrationality, and The Honest Truth About Dishonesty. His latest book, Misbelief: What Makes Rational People Believe Irrational Things, discusses the distorted lens through which people begin to view the world, reason about the world, and then describe the world to others.
“When we are stressed, we need a story with a villain - and that story gives us a sense of control.” - Dan Ariely
This week on The Persuasion Ocassion:
* How misinformation spreads and affects trust in society
* Why misbelief can lead to a distorted view of reality, where everything is seen through the lens of a particular belief or perspective
* Dan explains how stress can lead to misbeliefs and a desire for control
* Why we have low resilience due to decreased time with friends and workplace social isolation
* What the "funnel of misbelief" is and how it affects our psychology
* How social media can both facilitate and exacerbate the polarization of beliefs
* Why it’s so important to address misinformation and polarization and the potential consequences for democracy and society if we don’t
* Why the legal system needs to catch up with new forms of communication and deterrent mechanisms in the digital age
* Dan shares his story of growing half a beard after being injured 70% of his body and why it inspired him to explore behavioral economics
* The illusion of explanatory depth, where people often overestimate their knowledge
* Why we should seek out diverse perspectives and engage in constructive dialogue with people from different backgrounds and beliefs
Connect with Dan Ariely:* Dan Ariely
Connect with David and Jasmine:* David T. Biderman at Perkins Coie * Jasmine Wetherell at Perkins Coie
This week on The Persuasion Occasion, we welcome noted First Amendment lawyer Floyd Abrams as he recounts his representation of the New York Times in the historic legal battle over the publication of the Pentagon Papers. This 1971 case led to a groundbreaking U.S. Supreme Court ruling affecting freedom of the press. Floyd’s captivating storytelling and description reveals how this fight about fundamental constitutional issues unfolded in a charged political environment.
Join us for an engaging session with Kasia Jagodzinska, author of the Financial Times Guide to High Impact Negotiation. We discuss the negotiation process, how Kasia’s multicultural training served her in international negations at the United Nations, and the influence of psychology on negotiations.
Kasia considers various negotiation strategies, including the Harvard Win/Win teaching and the FBI’s strategies for crisis negotiations, and observations on new technology.As an associate professor in negotiations at the University of Neuchatel, and senior trainer at the Schranner Negotiation Institute, Kasia is recognized as a national expert to the European Parliament on cross-border mediations and served as a senior advisor to the United Nations in Geneva. She is the author of several books on self-empowerment in high-stakes negotiations, including Negotiation Booster.
Doug Wilson, and DWC President Michele Vives discuss the growth and downturns of mixed-use development. Michele shares her perspective on the dramatic loss in value of downtown real estate and the interconnectedness of commercial real estate and such community issues as homelessness, and our need to address these challenges. Doug, a 40-year veteran of real estate cycles, describes why he is optimistic about downtown urban development and investing in San Francisco properties when others are closing their doors.
Johnny Dzubak and AJ Harbinger, creators of The Art of Charm podcast, share how their podcast—and their subsequent training services—help people open up lines of communication and influence. They explain how positive feedback loops and other trained behaviours can make you more persuasive and discuss the skills that can help build trust and relationships. Johnny and AJ also describe how their work with Special Forces allowed them to communicate with other cultures to build valuable rapport.
We’re excited to talk with Carlos Alvarenga, author of The Rules of Persuasion, How the World’s Greatest Communicators Convince, Inspire, Lead—and, Sometimes, Deceive. Carlos reveals how he translated Aristotle's principles of persuasion to modern media (e.g., movies and rap music) to make his advice more accessible. He also explores his definition of persuasion, how Donald Trump's presidential campaign created a powerful loyalty from his audience, and the concept of chemistry in communication.
David and Jasmine talk with Markus Funk about the investigation and trial of the powerful Chicago-based Calabrese family mob, who engineered years of extortion, gambling, bookmaking, and hundreds of murders. Their gangland execution of two mobsters in an Indiana cornfield was reenacted in Martin Scorsese’s Casino, giving viewers a glimpse of the chilling nature of organized crime activities. Marcus describes the trial of the nation’s most extensive mob murder case, how they flipped mob leader Frank Calabrese’s son, and how Markus’ closing argument prompted Frank Sr. to refer to him as “a dead man.” He shares fascinating details of his life as an assistant United States attorney (AUSA), how to be persuasive at trial, and how his experience has taught him the importance of being authentic, no matter your role.
This week on The Persuasion Occasion, we are joined by Shane Read, one of the leading (and best) authors and commentators on courtroom and boardroom advocacy. Shane’s compelling, award-winning books have been praised by the best trial lawyers in the world.
Focusing on the importance of storytelling, Shane helps readers simplify complex ideas and understand the psychology of persuasion. His insights are essential for anyone looking to improve their persuasive skills, whether in the courtroom or beyond.
On The Persuasion Occasion this week, we’re excited to talk to Dr. Rick Fuentes, nationally recognized trial consultant, about how to be more persuasive with the new generation of jurors. Rick discusses changing juror attitudes toward corporations and how their perspectives have been shaped by social media. He also will address their increased receptivity to conspiracy theories. Rick shares more about how lawyers can set a compelling narrative to quickly grab a jury’s attention, using concepts empirically supported by thousands of jury exercises. Dr. Rick Fuentes, founding partner of R&D Strategic Solutions, has specialized in jury behavior and decision-making and evaluating complex evidence for more than 25 years. Rick has advised trial teams on hundreds of civil and criminal cases and, through focus groups, mock trials, and surveys, assists trial lawyers and in-house counsel.
This week on The Persuasion Occasion, Jasmine and David communicate (they don’t just talk) with Abbie Maroño, Ph.D., a body language expert, about how we transmit signals with body language, facial expressions, and other visual cues. Abbie describes how she integrates her research on measurement of nonverbal cues, mimicry, and closeness into training protocols that enhance persuasive communications.Abbie provides expert advice and coaching for academic institutions and businesses to help them understand how nonverbal signals serve as powerful modes of communication. A scientist and practitioner in understanding human behavior, she earned her Ph.D. in record time and became a university professor at age 23. Abbie is now the director of education at Social-Engineer, LLC, specializing in nonverbal communication, trust, and the psychological mechanisms of decision-making.
Hosted by Perkins Coie Consumer Products and Services litigators David Biderman and Jasmine Wetherell, each episode features a conversation with noted professionals about achieving success in disputes and negotiations. The discussions are not limited to the legal realm, as success demands incorporating teachings from a breadth of perspectives. David, a baby boomer, and Jasmine, a millennial, enhance the discussions with their multigenerational perspectives.
Episode guests include negotiators and behavioral scientists. They provide practical advice, real world examples, and thoughtful strategies for surmounting the inevitable hurdles encountered in the worlds of litigation, business, and life.
At the end of the day, isn’t life a series of disputes and negotiations? Legal professionals, industry leaders, or simply those with curious minds are invited to join David and Jasmine in these explorations.
The Persuasion Occasion brings together a wide range of experts to talk with David Biderman and Jasmine Wetherell, a boomer and a millennial, about how to be more persuasive.
In our first episode, we welcome Gary Noesner, who shares insights from his career as the lead negotiator with the Federal Bureau of Investigation (FBI). Gary tells us how his strategy of patience and empathy was overruled in the Waco negotiations with the Branch Davidians, leading to disastrous consequences. He also discusses the importance of self-control and emotional regulation in any negotiation and illustrates how emotions can affect rational thinking and behavior.
Gary Noesner retired from the FBI in 2003, following a 30-year career as an investigator, instructor, and negotiator. He retired as the chief of the FBI’s Crisis Negotiation Unit, Critical Incident Response Group, the first person to hold that position. He then served as a senior vice president with Control Risks, a global risk and strategic consulting firm, assisting clients in managing overseas kidnapping incidents. Gary has authored a book about his FBI negotiation career, Stalling for Time: My Life as an FBI Hostage Negotiator.
Cybersecurity expert Luke Tenery joins David and Andrew to discuss Stoneturn’s strategic shift towards specialty work and emerging threats, particularly in asset-focused cyber practices. He shares his background in the industry, from starting as an intern for a national investigations and network security practice to becoming a preeminent cyber expert. Luke, David, and Andrew also address the importance of cultivating cybersecurity expertise on a corporate board, the need for diverse resources and people in the industry, and the growing role of artificial intelligence (AI) in security.
Dmitry Smilyanets, whose experience in cybercrime activity includes former membership in an elite Russia-based hacking organization, joins David and Andrew to discuss the importance of protecting company credentials, how hackers install malware to steal passwords, and how the SQL injection method of hacking works. Dmitry shares his personal journey, touching on his extradition from Russia to face charges in the United States, his subsequent decision to stay in the United States, and why he loves his current role at Recorded Future. We also dive into Dimitry’s history as one of the most accomplished gamers in the world and what Recorded Future’s Identity Intelligence module does to prevent account takeovers and consumer fraud.
Waqas Shahid, Vice President in the Forensics Practice at Charles River Associates, joins David and Andrew to discuss the latest and greatest in AI, particularly ChatGPT and how AI will affect export controls, cybersecurity, and risk management. Waqas is one of the country’s lead consultants in defending cybersecurity threats, date breach response, regulatory compliance, and most recently AI tools such as ChatGPT. Waqas tells us how AI is transforming the world of cyber security and identifies new challenges businesses now face to ensure that data is protected and used ethically.
Ben Farrar of ActiveProspect joins David and Andrew to discuss his company’s consent-based marketing solutions, which help companies contact only consumers who have given their prior written consent. Ben shares how he became interested in a career in privacy and information security. Together, we dig into the details of how companies can minimize risks involving data breach regulations.
Paul Valente, CEO and co-founder of VISO Trust, joins David Biderman and guest co-host, Andrew Pak, to tell us how his work model can help companies avoid a SolarWinds cyberattack. He describes the immense cyber risk companies assume by linking up with third-party data users, how he learned to control this risk, and how he developed a unique model that collects artifacts from third-party vendors, assessing their security in minutes via artificial intelligence (AI) and document intelligence. Paul also tells us how he and his co-founder conceived of and executed on the idea and earned the backing of premier Silicon Valley venture capital firms and other institutional investors.
Beni Gradwohl, co-founder and CEO of Cognovi Labs, Inc., an artificial intelligence (AI) company that measures the emotional drivers behind human decision-making, joins Deb and David in this episode. They discuss how Cognovi Labs’ award-winning psychology-driven AI helps clients in the commercial, health, and public sectors by revealing how their audiences feel in the moment, predicting their actions and intent, and then communicating with emotions to maximize impact. Beni shares why he thinks running communications through a tool like the Cognovi Labs communicator is essential to achieve maximum effect. Beni also explains how his team created an algorithmic framework to map emotions into 10 action tendencies.
Eric Hittinger, an electric grid and cyber security expert and associate professor at Rochester Institute of Technology, joins Deb and David to discuss cybersecurity protections for the electric grid.
Is a rogue nation state more dangerous than a hungry squirrel chewing an electric line? Eric discusses the likelihood of a cyberattack on the grid, what our country is doing to prevent cyberattacks, and how much we should worry about them. Eric also shares some of the access point and interconnectedness risks in the electricity system and how those risks are mitigated.
Glenn S. Gerstell, former general counsel of the National Security Agency (NSA) and Central Security Service (CSS), as well as a sought-after speaker, advisor, and thought leader on cybersecurity and the role of technology in national security, privacy, and geopolitical affairs, joins Deb and David to discuss how he transitioned from a distinguished career in law to public service. He describes how his experience as a lawyer in the technology field helped him in his role as general counsel for the NSA. Glenn also explains why relying so heavily on digital technology makes us vulnerable and what the United States is doing to protect itself from cyberattacks from other nation-states and ransomware gangs.
Colin Gounden, co-founder of VIA, joins Deb and David to discuss how he started five successful Massachusetts Institute of Technology (MIT) spinouts and manages thousands of employees worldwide. Colin talks about how he developed VIA’s blockchain application, Trusted Analytics Chain (TAC), to meet the high data security needs required to make predictive analytics and other artificial intelligence (AI) applications successful in the energy sector. He addresses the special needs for protecting big data, shares VIA’s vision, and describes why social justice issues remain central to their ongoing mission. Colin also touches on his amazingly broad array of interests and pastimes, including his appreciation of Ted Lasso to help get through the COVID-19 lockdown.
Dan Frechtling, CEO of Boltive, joins David and Deb to share how his Privacy Guard service helps media companies, technology companies, and consumer brands find, block, and replace invasive advertising, including those with malware, data leakage, and other potential California Consumer Privacy Act (CCPA) or EU General Data Protection Regulation (GDPR) violations. Dan tells a compelling story about his migration to data security and provides background on how advertising algorithms work. He also describes why advertising is so enmeshed in our web experience and what that means for the future of data protection. During the discussion, Dan gives a shout-out to our own CCPA Litigation Tracker, which helps companies stay abreast of litigation involving the CCPA.
Chris Handman, former general counsel at Snap Inc. and co-founder of TerraTrue, joins David and Deb to talk about his career and thoughts on privacy and security trends. Chris describes how he transitioned out of a large firm, where he worked for then-private-practice-lawyer John Roberts, to become the GC of Snap, where an ongoing Federal Trade Commission (FTC) consent decree made him acutely thoughtful about building privacy into the original coding of website functionality. He also discusses how he went on to found a successful data privacy company, TerraTrue, with a unique approach to building privacy as part of the company infrastructure and offers his insights on what companies need to prioritize given the current direction of privacy and security.
Joe Miller, Founder, President, Chief Executive Officer, and Founding Board Chair of The Washington Center for Technology Policy Inclusion (WashingTECH), joins David and guest cohost, Paige Biderman, to share how his organization fights for a safer and more trustworthy and inclusive internet. WashingTECH is the first in the nation to focus exclusively on diversity and inclusion in technology public policymaking. He discusses meeting with communities to teach those on the ground how tech policy impacts their lives and shares how WashingTECH supports parents who are looking for a safer online environment and highlights parenting issues from a policy perspective.
Jodi Daniels, CEO of Red Clover Advisors and Justin Daniels, cybersecurity expert, join Dominique and David to discuss why businesses are still not deliberate in designing privacy and security practices and how we can change our mindset to prioritize them. Jodi explores why data collection, usage, storage, and protection are the foundation of companies' continued business online and what happens when small companies do not understand their security responsibilities. The pair also share why they started their podcast “She Said Security/He Said Privacy in 2020” and how they provide informed coverage of privacy and security law developments.
Vineet Singal, co-founder and CEO of CareMessage, a messaging platform for health safety net organizations, joins Dominique and David to share why he created CareMessage out of his original work in San Francisco’s Tenderloin neighborhood. He talks about why he turned down a scholarship to medical school to continue this work, and why he is so passionate about helping underserved populations manage their conditions and take responsibility for their health. Vineet describes how CareMessage grew from a Stanford undergraduate project to become the largest patient engagement program in the United States and discusses the types of data held by CareMessage and other healthcare clinics, as well how as how they ensure their HIPAA compliance. Vineet also explores how the COVID-19 pandemic has been a critical component of CareMessage’s growth in ways he could not have anticipated when he started the company in 2012.
Daniella Ballou-Aares, CEO & Co-Founder of the Leadership Now Project and a Senior Advisor at Dalberg, joins David to discuss how corporate CEOs and corporations are taking direct action to support voting rights and how they are looking for an innovative model of sustained and strategic engagement to fix democracy. Most importantly, Daniella identifies with precision and clarity why measuring big data is important in preserving democracy, how supporting voting rights and a sustained democracy serves the interests of corporations and their shareholders, and why private sector leadership in this area is important, not only for democratic principles but for the long term interests of shareholders and business success.
Devin Banerjee, editor at large at LinkedIn News, joins Dominique and David to share his passion for business journalism. He discusses how writing business articles and updates for a social media company differs from more traditional publications where writers do not receive instantaneous feedback. He addresses C-suite awareness of the importance of cybersecurity and the damage that ransomware wreaks on an organization. Devin also dives into how LinkedIn identifies influential and high-quality contributors in different industries and brings them into the conversation on the platform.
Nishant Bhajaria, head of technical privacy and governance at Uber, joins David and Dominique to discuss how he has helped companies focus on data privacy. He outlines reputational risk versus better data and governance and why protecting data leads to better products, a more intelligent workforce, and a more engaged customer. They discuss why the amount of data being exchanged by companies and customers today is unlike any we've seen before and how transparency to consumers and enhanced data privacy is critical for a company to thrive. Nishant also shares how his newest book, Data Privacy: A Runbook for Engineers, is the first leading text for engineers on how to design, develop, and measure the effectiveness of privacy programs.
Ben Strick, director of investigations for the Centre for Information Resilience and Myanmar Witness, joins David Biderman and Dominique Shelton Leipzig to share how his team uses investigative techniques to document and expose human rights violations, identify perpetrators and victims, and assist social justice groups from Myanmar to Cameroon and around the globe. He describes why this process serves as a way of holding a mirror to society and forcing us to take responsibility for the hate and violence in the world. Ben also explains how the open source investigative community deals with privacy and General Data Protection Regulation (GDPR) legislation, particularly when using photographs.
Dr. James Xie, a clinical informatics physician (CI-MD) and Epic physician builder at Stanford Children's Health, joins David and Dominique to discuss how his education in computer science and work with children who had special healthcare needs inspired him to move into medicine. We also cover how James’ healthcare work intersects with the Decrypted Unscripted mission of unpacking and understanding data security issues, and James dives into how the 21st Century Cures Act is trying to promote healthcare information exchange and interoperability.
Professor Martin Innes, director of the Crime and Security Research Institute at Cardiff University, joins Dominique and David to share how he and his team have documented the infiltration of high-profile Western media outlets by pro-Kremlin Russian hackers and trolls and his research into hacking connected with the 2016 U.S. presidential elections. He also describes how they use data science pattern recognition and detection techniques to track disinformation campaigns. Professor Innes addresses his investigation of terrorist attacks in London and the poisoning of Sergei and Yulia Skripal in Salisbury, England, and how this prompted his wider investigation interest in Russian disinformation in the mainstream media.
Dr. Johnny Ryan joins David and Dominique to discuss why, from his perspective, the General Data Protection Regulation (GDPR) in Europe should have been one of the most important global privacy laws in the world—but is falling woefully short of his expectations. He explores the current problems around advertising technology, privacy, and tracking and how he sees the future of digital advertising security. Dr. Ryan also dives into the privacy litigation being brought about by the Irish Council for Civil Liberties (ICCL).
Dr. Ryan is a senior fellow at the ICCL and the Open Markets Institute. He focuses on surveillance, data rights, competition/anti-trust, and privacy. Dr. Ryan is former chief policy and industry relations officer at Brave, the private web browser, and led Brave’s campaign for GDPR enforcement. His other previous roles included chief innovation officer of The Irish Times and senior researcher at the Institute of International and European Affairs (IIEA).
Jorge Contreras, professor of property law and genetics at the University of Utah, joins Dominique and David to describe his latest book, The Genome Defense. The book reads like a detective novel as he follows American Civil Liberties Union (ACLU) lawyers who, after years of litigation, convince the U.S. Supreme Court to overturn prior decisions, ruling that naturally occurring genetic code was patentable. This is a great discussion about who owns a person's genetic information—and how this information can predict susceptibility to disease (in this case, breast cancer) and prompt dramatic preventative measures. He also discusses the intellectual property issues surrounding the development of the recent RNA COVID-19 vaccines and the value of creating DNA variants as intellectual property in healthcare. Genes are being edited all the time; Jorge gives his thoughts on how much genetic information should be available to the public for free and how much it should be commercialized.
Daniel Barber, CEO of DataGrail, joins Dominique and David to describe how he sees company compliance with the GDPR and CCPA, oversights, mistakes, and best practices. He delves into the disconnect between individuals’ perceptions of their privacy rights and how those can clash with business objectives. He talks about how the business community is responding to the Chinese data privacy law that went into effect on November 1, 2021, and the dramatic impact of that legislation.
DataGrail is aimed at assuring companies comply with the GDPR, CCPA, and all other privacy statutes. Daniel argues strongly for transparency in data usage and security and is a major influencer in the privacy and data management space. DataGrail made headlines in March 2021 in TechCrunch, DataGrail snares $30M Series B to help deal with privacy regulations.
https://techcrunch.com/2021/03/10/datagrail-snares-30m-series-b-to-help-deal-with-privacy-regulations/
U.S. Congressman Darren Soto joins David to tell us what Congress is doing to regulate crypto currency and its inevitable introduction into the mainstream economy. From the hardware store down the street to huge financial institutions, Congressman Soto is doing his best to make sure crypto currency is freely transferrable and that we don’t have the regulatory gaps that now plague data security and privacy. He tells us also about his decision to run for Congress at a young age, being one of the few Hispanic Congressman. This guy is smart, sharp, and articulate and has a vision for the future of the country that embraces—does not fight—new blockchain technology. Please listen. He’s cool.
Bastian Purrer and Namik Muduroglu join David and Dominique on Decrypted Unscripted as they describe how political parties internationally are using bot networks to attack elections and to spread fake news and other misinformation. They describe how their personal experiences drove them to develop humanID, which is an anonymous, bot-resistant authentication for safe online communities. They discuss why concerns over data privacy are driving Generation Z users away from social media and how they are seeking to replace it. They have won several awards, including the Harvard Business School Navab Social Impact Award (2020) & Mozilla Builders Open Lab (2020) and have an ever-growing community supporting their ability to allow safe, anonymous logins. Listen as they describe their unique perspective, shaped by living in oppressive political regimes and having the brain power to develop solutions. Love them -- you will too.
Jules Polonetsky joins David and Dominique on Decrypted Unscripted to share his insights on data tracking and the vast changes in the public perception of internet privacy. They discuss challenges to privacy prompted by emerging technologies, whether legislation can keep up with the public’s privacy concerns, and how data is used. Jules also discusses his work with the Future of Privacy Forum (FPF), and how he transitioned from serving in the NY State Assembly to becoming Chief Privacy Officer for DoubleClick and AOL and finally heading up the World Privacy Forum which works on developing best practices and policies in data privacy.
Jules is CEO of the Future of Privacy Forum, a Washington, D.C.-based nonprofit organization that serves as a catalyst for privacy leadership and scholarship, advancing principled data practices in support of emerging technologies. He serves as chairman of the International Digital Accountability Council and co-chairman of the Israel Tech Policy Institute. Jules is also co-editor of The Cambridge Handbook of Consumer Privacy, published by Cambridge University Press (2018).
Bill Marczak joins David Biderman on Decrypted Unscripted to discuss why he focuses on nation-state use of big data analysis as well as more targeted surveillance. He tells the story of his work with Bahraini activist Ahmed Mansoor, how he determined he was being targeted by Pegasus spyware, and how that prompted Bill’s subsequent work with Amnesty International. Bill also gives his tips on how to tell if your phone has been hacked and why it’s so difficult to prevent.
Bill is a senior research fellow at Citizen Lab, a co-founder of Bahrain Watch, and a postdoctoral researcher at the University of California, Berkeley. His work focuses on novel technological threats to internet freedom, including new censorship and surveillance tools, and his expertise is in internet scanning and conducting digital investigations. Coverage of his work has been featured in Vanity Fair, The New York Times, The Washington Post, on CNN, and on “Larry King Live.”
https://citizenlab.ca/author/bmarczak/
With the recent attacks on the Colonial Pipeline and JBS Food, ransomware has become a serious national security issue. Join Dominique Shelton Leipzig and David Biderman in a discussion with Philip Reiner about the critical importance of establishing basic internet security standards. Phillip believes that our neglect in this area has been inexplicable if not inexcusable, and describes how his Institute for Security and Technology was asked to support the Ransomware Task Force to address the critical need for improving basic cybersecurity standards.
Philip Reiner is the chief executive officer of the Institute for Security and Technology. His decades of experience in technology and international security include a position as President Obama’s Senior Director for South Asia on the National Security Council staff. While serving in the Office of the Under Secretary of Defense for Policy in the Pentagon, he received the Office of the Secretary of Defense Medal for Exceptional Civilian Service.
https://securityandtechnology.org/
Anja Shortland joins Dominique Shelton Leipzig and David Biderman to discuss how the underground ransomware ecosystem functions and why cybersecurity experts have created a scale to define the reliability of information hostage-takers. She outlines some of the simple data protections that companies can follow to comply with President Biden’s executive order and shares how cyber insurance helps or hinders real-life information safety.
Anja is a professor of political economy at King’s College London, specializing in the economics of crime. She studies private governance in the world’s trickiest markets—hostages, fine art, and antiquities—and how people live, trade, and invest in complex and hostile territories. Although her work is often based on data analysis, it cuts across disciplinary boundaries, adopting techniques and insights from sociology, engineering, geography, politics, international relations, and economics.
Join Dominique Shelton Leipzig and Los Angeles Police Commission President Eileen Decker in an illuminating perspective on the Commission’s use of automated license plate reader (APLR) technology. This technology was discussed by NYU Professor Barry Friedman, founder of the NYU Policing Project. The NYU Policing Project brings together stakeholders, business representatives, police departments, and the community to tackle the technology-driven issues at the intersection of public safety and social justice. Eileen responds to questions raised in Episode 30 and discusses balancing the use of technology in policing with fairness and privacy. Eileen provides a different, and perhaps complementary, perspective from Professor Friedman’s take on license plate reading practices in Los Angeles. Listen and we will let you decide!
Join Dominique Shelton Leipzig and David Biderman in their fascinating conversation with New York University Law School Professor Barry Friedman, as he discusses his work founding the Policing Project. The Policing Project brings together stakeholders, business representatives, police departments, and the community to tackle the technology-driven issues at the intersection of public safety and social justice. Professor Friedman addresses solutions-driven approaches to policing issues created by the over collection and under collection of data. He also addresses the technology around license plate reading practices in Los Angeles, followed by a differing perspective from LA Police Commission President Eileen Decker.
NYU Policing Project https://www.policingproject.org/
Transparency Act https://www.policingproject.org/transparency-statute
Use of Force https://www.policingproject.org/use-of-force
Join Dominique and David and their guests Howard Wu and Sina Kian of Aleo. Howard and Sina care about privacy and the dangers of blockchain transparency. They describe how they have used Zero Knowledge Proof to change the way transactions on blockchain are verified so that the verification can be done privately—not only protecting the users’ personal data but dramatically extending the design space for applications. They tell us how this has profound implications for the internet of the future—Internet 3.0. These guys are super smart—Howard collaborated with prominent academics from Berkley and Cornell to publish the breakthrough paper on Zero Knowledge Proof, Zexe: Enabling Decentralized Private Computation. Sina is also extremely impressive as he went from law school and a clerkship for Chief Justice Roberts to a becoming a blockchain entrepreneur. Hear them discuss blockchain, privacy, and Internet 3.0, as well as the development of cryptocurrency and their goals to create a compliance regime and technology that structurally protects the consumer. This is dense and heady and big-time important as cryptocurrency evolves and blockchain technology assumes increasing significance in our lives.
You can find the paper at this link:
https://eprint.iacr.org/2018/962.pdf
Join Dominique and David as they speak with Gillian Tett, Chair of the Editorial Board and Editor-at-Large US of the Financial Times, about her new book, Anthro-Vision which describes vividly how big data cannot solve all problems and in fact creates blinders and biases that can be uncovered with an anthropological lens. Gillian is no slouch. She predicted the 2008 financial crisis based on her studies of the tribal customs of high yield mortgage bond traders. She also is also the co-founder of FT Moral Money, a twice weekly newsletter that was way ahead of its time in tracking the ESG revolution in business. We could go on about her other books (see Silo Effect) and awards (including being named as one of the World’s Top 50 Thinkers). We had a great time discussing the privacy issues, including the barter system where consumers trade data for web based services, and how Gillian transformed herself from a bohemian anthropologist to one of the most forceful voices in the financial services industry.
Kurtis Minder is the founder and CEO of GroupSense. He is one of very few with significant experience negotiating with the “bad guys” during ransomware attacks. GroupSense offers digital risk protection from threats across all environments, and Kurtis himself has over 20 years of information security experience spanning operations, design, and business development. He has successfully guided the company in developing an innovative approach to cyber intelligence.
Kurtis joins Dominique Shelton Leipzig and David Biderman on the Decrypted Unscripted podcast to discuss how GroupSense’s team of cyberspies knows how to find where the bad guys are operating and work with clients to protect their data. He describes in detail how he became the “go-to” ransomware negotiator in the country. He also explains the dark web and how it helps criminals steal information and shares why his team has seen a steady increase in threat actors accessing data remotely over the last 12 months.
Kurtis was featured in an article in The New Yorker, titled “How to Negotiate with Ransomware Hackers,” on 6/7/2021. You can find the article here:
https://www.newyorker.com/magazine/2021/06/07/how-to-negotiate-with-ransomware-hackers
In this conversation, Dominique and David talk with cybersecurity expert Vinu Nair who works for one of the world’s largest cyber insurers. Vinu discusses not only the trends for preventing cyberattacks, but also what companies can do today to prevent future damage to their brand and value. The conversation covers the importance of cyber for corporate leaders in the C-suite and the boardroom, as well as recent ransomware attacks on critical targets like Colonial Pipeline, healthcare systems, and food supply. There is also a robust discussion regarding the role governments can/will play in the fight against ransomware and cybercrimes that are threatening societal structures.
CSI meets CCPA and you will love it. Dr. Mason is a world leader in genetic mapping and genomics and professor of Physiology and Biophysics, and Computational Genomics at Weill Cornell Medical College. He talks about the privacy of your personal genetic code and ways that can be protected. As Chris says, without protections “Once your dna code is out there, it is out there” and if you have had some episodes in life you would sooner forget, don’t pass along your DNA for testing. He also talks about the critical role genomics has played in tracking and fighting the COVID virus and the development of the first two COVID vaccines. Listen as Chris talks about genetics for tracking serial killers, mapping the genes in subway systems, and his genetic work on the Dead Sea Scrolls. Also, check out Chris’ supercool new book about modifying our genes so we can survive on other planets, “The Next 500 Years: Engineering Life to Reach New Worlds"
https://mitpress.mit.edu/books/next-500-years
Massachusetts Activist Kade Crockford at the ACLU described to David and Dominique how Kade worked with Boston Celtics players to Urge Social Justice and Anti-Discrimination in that state’s facial recognition law.
Dominique and David speak to Perkins Coie alumni, Jim Sfekas. Jim left Perkins to join Microsoft in 2012 and now leads Microsoft’s cybersecurity legal function. Jim talks about the tensions between protecting the internet, which requires tracking of criminals across the globe, and the goals of privacy to make data uses transparent. Through discussion, the group sees how the two goals of security and privacy can work together.
Join Dave Biderman and Dominique Shelton Leipzig in a discussion with Ron Whitworth, chief privacy officer of Truist, one of the largest financial institutions in the United States. Ron will share about how financial institutions find themselves contending with global privacy laws, though they already are some of the world’s most highly regulated entities.
Dominique Shelton Leipzig and David Biderman have an inspiring conversation with Jessica Rich, the former head of the Commercial Division of the Federal Trade Commission (FTC) and a current professor at Georgetown University Law Center. Jessica discusses how the United States can regain leadership in the area of data, even as we await a federal privacy law.
Dominique Shelton Leipzig and David Biderman meet with Google’s Chief Privacy Officer Keith Enright, one of the world’s most engaged privacy officers. Their conversation includes a discussion of Google’s public-private partnerships and how the efforts are helping tackle broad societal challenges like COVID-19.
Do you own a company and ever worry about whether our practices are meeting new privacy laws. You are not alone. There are 142 + countries with data protection laws around the globe. US is one of the most litigious countries around the world. Here David and Dominique speak to famed US privacy lawyer Scott Kamber about how privacy litigation has evolved over the past 30 years and what we can learn about the future with so much of our lives dependent on technology.
Join us for a gripping conversation with Julie Cordua, chief executive officer of Thorn, an anti-human trafficking organization founded by Ashton Kutcher and Demi Moore. Thorn’s mission is to develop technology to defend children from abuse online and to remove all child sexual abuse material from the internet. Thorn's technology has helped identify more than 14,000 child victims of abuse and has reduced investigative time by more than 65%.
Julie will discuss how Thorn’s technology has clashed with European privacy officials, who have objected to the use of facial recognition and other technology utilized by Thorn to identify and rescue victims of child sexual abuse and pornography. Also, see Julie’s TedTalk “How we can eliminate child sexual abuse material from the internet.”:
https://www.ted.com/speakers/julie_cordua
You can find more about Thorn at https://www.thorn.org/
Join Dominique and David in a wide-ranging conversation with Kalinda Raina, vice president, chief privacy officer for LinkedIn, the world’s leading professional social networking site. Their discussion will include Kalinda’s career path, her current worldwide responsibilities, and the challenge of adhering to the privacy demands of the LinkedIn community and the multiple state and national privacy laws.
Check out Kalinda's youtube channel at this ;ink:
https://www.youtube.com/channel/UCi-cZPCHC_nz72SxYg8-bvg
Zoe Philippides was the Chief Privacy Officer of Amgen, a Southern California pharmaceutical company focused on developing state-of-the-art treatments and drugs. She is now the Chief Privacy Officer of one of the largest healthcare providers in the country. Zoe shares her journey through the privacy world and the critical privacy issues that a cutting-edge company such as Amgen confronts.
COVID-19 has made it clear that the future of health is technology. From apps and contact tracing to websites announcing virus testing and vaccines, technology is at the core. In this episode, David and Dominique speak with Verily Inc.’s General Counsel Cynthia Patton about her journey to leading the legal department of one of the most technologically savvy life science and healthcare companies in the world. Owned by Alphabet, Inc, (that also owns Google), Verily is at the cross-section of technology and health. Hear what it is like to consider data management in the healthtech space at this seminal moment in time.
Join Dominique and David as they talk with Jim Steyer, the founder of Commonsense Media (https://www.commonsensemedia.org/), a Stanford civil rights professor, and author of "Which Side of History?" about the role of privacy in an increasingly digitized society. This conversation explores the critical role that technology plays in all of our lives and how it can help or hinder us in addressing difficult problems such as disinformation, bias, and inequity in the online world. From community and commercial perspectives, the discussion covers what can be done to make society flourish (not flounder) through data.
Hear The Social Dilemma star and former corporate data scientist, Cathy O’Neil, speak with Dominique and David about why society needs to look behind the numbers with AI! Check out Cathy’s book, Weapons of Math Destruction, in the show notes!
Dallas Mavericks General Counsel Sekou Lewis speaks with Dave and Dominique about his journey to privacy via professional sports. This candid discussion regarding technology, professional basketball, privacy, cybersecurity, and social justice casts a bird’s-eye view on how the NBA moves through the fourth industrial revolution.
Consumers across the globe are raising questions about how their data is used for advertising. Movies like The Social Network have raised questions about the use of consumer behavior as “the product.” Regulators and politicians are discussing a data dividend.
Businesses argue that internet content is expensive and must be supported by advertising in order to be offered free for consumers, and advertisers want to reach custom audiences to gain a return on their marketing investment. But tracking users across multiple websites on the internet has been made more challenging by laws like the EU’s General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and the California Private Records Act (CPRA). .
Hear from David LeDuc, the head of government relations for the National Advertising Initiative (NAI) as he speaks with Dominique and David about the future of ad tech in a cookie-less world.
Hear Dominique and David’s conversation with John Verdi, the head of policy for the Future of Privacy Forum and a consummate Washington, D.C., insider. How does D.C. view developments in California, and what are the prospects for a federal privacy law?
Hear Brennan Duckett of the Retail Industry Leaders Association (RILA) discuss the top privacy priorities for leading retailers in the United States and share his insights on privacy policy on Capitol Hill.
In this episode, the chief representative of the California business community speaks about privacy, the California Consumer Privacy Act (CCPA), and California’s technology industry.
California is the fifth largest economy in the world, just smaller than Germany and larger than India. It is also the leader in enacting rules to provide privacy protection to California consumers. Join us, as Allan Zaremberg, the president and CEO of the California Chamber of Commerce, describes how the business community navigates these changes and challenges.
Listen to David and Dominique in conversation with Dirceu Santa Rosa. As the International Association of Privacy Professional’s country leader for Brazil and partner at a Brazilian law firm, Dirceu is an authority on the Lei Geral de Proteção de Dados (LGPD). In this episode, the attorneys discuss the differences in approach to privacy and elections between the United States and Brazil. And don’t forget to vote on U.S. Election Day, November 3!
Join Dominique and David as they discuss the future of privacy for entertainment companies with Leslie Shanklin, the head of privacy for the global entertainment company, Discovery, Inc. Leslie discusses the interrelationship between privacy, cybersecurity, and entertainment.
Join Dominique Shelton Leipzig, Perkins Coie Privacy & Security partner, David Biderman, Perkins Coie Class Action Defense partner, and Alastair Mactaggart, board chair and founder of Californians for Consumer Privacy and proponent of the CPRA (also known as CCPA 2.0). The discussion will explore the aim of the CPRA, how it could affect businesses if passed by California voters, and what companies should consider in light of this new development.
Hear plaintiff’s attorney, Dan Shefet, explain how his proposal for an ombudsman has been adopted by the EU Council as of September 15, and what it means for companies with global obligations, including the EU.
Listen to Dominique and David have a conversation with David Chamberlin, a renowned crisis communications expert who has handled difficult communications from the public to the C-suite and boardroom. He talks about his path to data security and shares valuable insights regarding crisis communications around massive data breaches and the value of planning in advance.
Listen to Dominique and David talk to their colleague, Marc Elias, who represents the DNC in nationwide voting rights litigation. Given that data breach/leaks were such a big part of the 2016 election, Dominique and David ask the question: How do things stand today? Marc reveals the ins and outs for protecting the sanctity of your vote in 2020!
Data is the new gold. In the era of COVID-19, companies that have mastered the digital landscape will lead the way to reopening economies across the globe. In Decrypted Unscripted, we examine the privacy landscape, from regulatory developments to litigation trends. Hosted by Perkins Coie partners Dominique Shelton Leipzig and David Biderman, we explore strategies for compliance with evolving privacy laws through unscripted conversations with C-suite execs, regulators, and leading privacy and data security professionals. These timely discussions are essential listening for anyone managing data as a pre-tangible asset and preparing vigorous defenses against the next wave of privacy and data security class actions.