Steptoe Cyberlaw Podcast, Episode #91: An Interview with Jason Healey

Is the internet really worth it? Our guest for episode 91, Jason Healey of the Atlantic Council and Columbia University, recaps a study finding that, even with a worst-case Clockwork Orange Internet, the economic benefits of networking still outweigh the losses from security failures – though the closer we get to the worst case, the more likely we are to get Leviathan Internet, where the inherently controlling aspects of the network are embraced by governments around the world.

Our post-Thanksgiving news roundup is dominated by leftovers – edible and otherwise. Larry Klayman and Judge Leon have apparently run out of time to challenge the now-deceased NSA metadata program, Michael Vatis and I note, while Section 702 has survived a rare judicial challenge.

Meanwhile, it’s beginning to look as though the FTC and LabMD really deserve each other. The FTC has launched an ill-advised appeal in its ill-advised pursuit of LabMD, Michael reports, and LabMD has returned the favor by launching a lawsuit against the three FTC staffers who pursued the company so improvidently. 

The Google cookie case has mostly crumbled, Michael tells us, but the plaintiffs still have one big bite left, raising the chilling prospect of California law as interpreted by Third Circuit judges. 

Alan Cohn describes the NRC’s new cyberattack reporting requirements – and Iranian social media attacks on government workers who don’t usually get any attention at all.

Finally, with help from loyal listener Michael Farrell, I report that China’s use of the Great Cannon to infect Western computers has been emulated by Comcast, which is using China’s technique to inject copyright warnings into users’ screens. I predict that EFF and CDT, who ignored China’s Great Cannon attacks on Western computer users and companies, will go to battle stations now that it turns out the tactic is being used by an Axis of Evil that they actually care about – Big Copyright aligned with Big ISPs.

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