Tue, 18 March 2014
In our eleventh episode of the Steptoe Cyberlaw Podcast, Stewart Baker, Markham Erickson, Daniella Terruso, and Michael Vatis discuss this week in NSA: The EFF overrides one of the privacy protections in NSA's metadata program by killing the 5-year retention limit; what is the New York Times story on "raw take" about?; will the NSA and the telcos will end up going "Dutch," as in Ruppersberger; and Stewart brags about the results in his latest debate over Edward Snowden, who is starting to wear out his welcome with Americans; other fallout from the NSA leaks: Commerce announced its willingness to give up an oversight role for ICANN; members of the European Parliament start work on a data protection that they can't finish before elections; the legal claims in the SSCI-CIA brouhaha; the Silverpop case and how it may be harder to win a hacker-breach negligence case than some of us thought; this week in the Target breach case: Did Target miss a chance to stop the exploit?; privacy groups want to block the Whatsapp deal on privacy grounds; additional stories: the public's first good look at Russia's cyberespionage tools; Google starts encrypting search in China; Leon Panetta invokes "cyber Pearl Harbor;" and it turns out we could lose power for 18 months if a handful of substations are successfully attacked. In our second half we have an interview with Dan Novack, a former big-firm litigator now serving as legal analyst at First Look, the Greenwald/Omidyar news service.