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Caveat

Caveat

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. 

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Breaking down the Gramm-Leach-Bliley Act.

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 [email protected] Hope to hear from you.
2022-09-29
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How will cybersecurity insurance change in the coming years?

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 [email protected] Hope to hear from you.
2022-09-22
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Prioritizing data, security, and observability.

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 [email protected] Hope to hear from you.
2022-09-15
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Edward Snowden and whistleblower ethics.

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 [email protected] Hope to hear from you.
2022-09-08
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Twitter's data privacy battle.

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. Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-09-01
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Encore: Let's talk about Facebook's research.

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 [email protected] Hope to hear from you. 
2022-08-25
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The U.S. and China's cyber relationship.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-08-18
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Is privacy included?

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 [email protected] Hope to hear from you.
2022-08-11
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What would a federal privacy act mean for brands?

This week, Matt Voda from OptiMine joins Dave to discuss what a federal privacy act would mean for brands. Ben discusses FTC?s bold new legal strategy against Big Tech. Dave's got the story of data brokers selling information on pregnancies. 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. Chair Upends Antitrust Standards With Meta Lawsuit These Companies Know When You're Pregnant?And They're Not Keeping It Secret ? Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-08-04
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Ethically gaining and maintaining users.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-07-28
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The Supreme Court's supreme security breach.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-07-21
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Could new privacy police alter views on cybersecurity?

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-07-14
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Is the American Innovation and Online Choice Act beneficial?

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 [email protected] Hope to hear from you.
2022-07-07
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The future of cyber legislation.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-06-30
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What new major cyber regulatory changes are coming?

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. Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-06-23
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The strength of cybersecurity in America.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-06-16
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Encore: Pay the ransom anyway regardless of payment ban?

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you. 
2022-06-09
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Cybersecurity and data protection at the forefront of legal disputes.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you. 
2022-06-02
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Reliving a scandal's past.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you. 
2022-05-26
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The ever-evolving cybersecurity field.

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? Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you. 
2022-05-19
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Let's talk about data privacy compliance fatigue.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you. 
2022-05-12
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Modernizing healthcare regulation?

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-05-05
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A new executive order on cybersecurity.

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 ?Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-04-28
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What's next in the new era of Cyber Disclosures?

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-04-21
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Does security and identity go hand in hand?

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) Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-04-14
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Digging deeper into the civil fraud initiative.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-04-07
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Opening up from Congress's point of view.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-03-31
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Why the EARN IT Act matters to you.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-03-24
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The reluctance to use offensive cyber tools.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-03-17
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The call for robust security in the broadband rollout.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-03-10
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Location data is the foundation of our modern economy.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-03-03
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The False Claims Act (FCA) as it relates to cybersecurity.

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 [email protected] Hope to hear from you.
2022-02-24
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Balancing port security and protecting the supply chain.

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 GoGot a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you. 
2022-02-17
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Developer challenges in privacy preserving.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-02-10
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The shift toward corporate governance.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-02-03
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How the "Wild West" of open source could be in trouble.

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% Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-01-27
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Compliance regulation in the payment security world.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2022-01-20
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Will privacy and security reach equilibrium?

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 [email protected] Hope to hear from you. 
2022-01-13
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AI is transforming surveillance.

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 [email protected] Hope to hear from you.
2022-01-06
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CyberWire Pro Privacy Briefing from 12/20/2021.

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.
2021-12-30
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Considering policy on ransomware payments.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] Hope to hear from you.
2021-12-23
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The rapidly changing landscape of cyber insurance.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 
2021-12-16
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Maximizing our power to do good online while minimizing risks.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 
2021-12-09
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Privacy is about power.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 
2021-12-02
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Misdirection and layering with a con in the middle. [Hacking Humans Goes to the Movies]

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"
2021-11-25
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Facebook whistleblower testimony reveals gaps in legal system.

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 [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 
2021-11-18
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Let's go to the movies. [Hacking Humans Goes to the Movies]

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"
2021-11-11
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Regulators are looking for easy solutions, but there are none.

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 [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 
2021-11-04
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There's some data: use it or keep it safe?

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 [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 
2021-10-28
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The Merman Borgnine Conjecture aka cybersecurity ethics.

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 [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 
2021-10-21
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