Steptoe Cyberlaw Podcast, Episode #92: An Interview with Ellen Nakashima and Tony Cole

Did China’s PLA really stop hacking US companies for commercial secrets? And does it matter? In episode 92, we ask those questions and more of two experts on the topic ‒ Washington Post reporter Ellen Nakashima, who has broken many stories on PLA hacking, and Tony Cole, the Global Government CTO with FireEye, who has fought off his share of PLA hackers.

In the news roundup, Jason Weinstein and Michael Vatis explain how the ‘cannibal cop’ beat the rap for violating the Computer Fraud and Abuse Act. Maury Shenk and Michael mull the fate of the Safe Harbor negotiations – and question whether a deal can be done before the Christmas holidays. Meanwhile, privacy activist Max Schrems is doing his best to close off the other options US companies have used to cushion the blow from losing the Safe Harbor.

The same Europeans who want to punish US tech giants for helping fight terrorism also want to punish them for not helping fight terrorism. Michael and Maury consider the heavy pressure falling on tech companies from the EU, France, Pakistan, and even the Oval Office.

Only the judicial branch still seems like safe ground for the companies. Jason and Michael explain the immunity for ISPs whose typographic errors expose innocent people to computer searches for child porn – as well as the courts’ refusal to give effect to Congress’s plan to impose liquidated damages for privacy violations. In the most strikingly newsworthy item in the podcast, Michael accuses me of not being conservative enough. And in the least newsworthy item, Jason tells us that there is still a stalemate over a law requiring a warrant for the contents of email.

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