Caveat

Section 702 survives for now.

Thu, 23 Apr 2026 05:00:00 -0000

This week, Dave and Ben revisit several key stories including the Senate reauthorizing Section 702 and top White House officials meeting with Anthropic's CEO. Alongside these story updates, the two also look into how conversations surrounding AI liability and insurance coverage are changing.

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.

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This week's Caveat Briefing ⁠looks at the Indian government's recent move to drop its sixth attempt to force smartphone makers to pre-install state owned applications. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Anthropic vs Washington.

Thu, 16 Apr 2026 05:00:00 -0000

This week, Dave and Ben revisit Anthropic’s lawsuits against the Pentagon after the company was reclassified as a supply chain risk. Additionally, Dave and Ben also take a look at the looming Section 702 deadline, which is set to expire on April 20th.

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.

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This week's Caveat Briefing highlights a recent meeting convened by the Treasury Department concerning security risks related to Anthropic's new model. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Privatizing cyberspace.

Thu, 09 Apr 2026 05:00:00 -0000

This week, Dave and Ben look into two stories. The first involves how cyberwarfare has become increasingly privatized and the dangers this trend can pose. The second looks into Flock Safety cameras and why cities in Georgia are looking to potentially shut down the company's systems.

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.

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This week's Caveat Briefing covers a recent major FBI breach that could have potentially exposed sensitive law enforcement data. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Reversing the risk label.

Thu, 02 Apr 2026 05:00:00 -0000

This week, Dave sits down with N2K's Lead Analyst, Ethan Cook, to talk about the ongoing lawsuits between Anthropic and the federal government after the Trump administration designated the AI firm as a supply chain risk. Additionally, the two also take a look at a new cyberattack insurance program the federal government is currently seeking public comment on.

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.

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Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week's Caveat Briefing a landmark ruling in a civil case that found both Meta and YouTube liable for damages caused to a user. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Round three: The fight over AI preemption.

Thu, 26 Mar 2026 05:00:00 -0000

This week, Ben sits down with N2K's Lead Analyst, Ethan Cook, to discuss the Trump administration's new national AI framework. The framework covers a variety of key areas such as minor protections, IP rights, and federal preemption. Additionally, the two discuss the FCC's recent import ban of any new foreign made routers due to security 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.

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Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week's Caveat Briefing covers the a recent lawsuit from a coalition of state attorney generals regarding the DoJ's approval of HPE's acquisition of Juniper Networks for $14 billion. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Section 702: The debate continues.

Thu, 19 Mar 2026 05:00:00 -0000

In this milestone 300th episode, Ben has the story on the latest legislative battle over reauthorizing Section 702, as lawmakers once again debate the future of a key U.S. surveillance authority. Meanwhile, Dave covers a new New York state bill that aims to restrict the use of AI chatbots in areas traditionally handled by licensed professionals, highlighting growing concern over AI’s role in sensitive services.

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.

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Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

Head over to the ⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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The SBOM where it happens.

Thu, 12 Mar 2026 05:00:00 -0000

This week, Dave talks with Jean-Paul Bergeaux, CTO for Federal for GuidePoint Security, about OMB rescinding two Biden era orders, which had mandated that agencies require a software bill of materials (SBOM) from software vendors. Ben shares a follow-up story on the Anthropic/Pentagon dustup. Dave has the latest on the new National Cyber Strategy from the White House.

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.

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Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week's Caveat Briefing covers kids' online safety proposals and Anthropic's suit against the Pentagon. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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The Pentagon's AI ultimatum.

Thu, 05 Mar 2026 06:00:00 -0000

This week, Ben sits down with N2K's Lead Analyst, Ethan Cook, to discuss the recent fallout between the Pentagon and Anthropic. The deal between the two soured over the past week, leading to Anthropic being dropped by the government for contracting jobs. Shortly afterwards, the government inked a similar deal with rival AI company, OpenAI.

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.

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The Pentagon bans Anthropic.

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Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week's Caveat Briefing covers the conflict between Iran, the US, and Israel. As this conflict has continued to intensify, cyberspace has emerged as a key battleground. Curious about the details? Head over to the ⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Trump's tariff battle.

Thu, 26 Feb 2026 06:00:00 -0000

This week, Ben and Dave sit down with N2K's Lead Analyst, Ethan Cook, to discuss the Supreme Court's decision to overturn the Trump administration's tariffs, imposed under the International Emergency Economic Powers Act (IEEPA). Additionally, Dave sits down with Jeff Williams, Founder of OWASP and Co-Founder/CTO of Contrast Security, to discuss how NIST is rethinking its role in analyzing software vulnerabilities as the EU launches GCVE.

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.

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⁠Supreme Court overturns Trump's tariffs.

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Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week's Caveat Briefing covers the recent AI declaration signed at India's recent AI Impact Summit. Curious about the details? Head over to the ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Wired for the future.

Thu, 19 Feb 2026 06:00:00 -0000

This week, Ben and Dave sit down with N2K's Lead Analyst, Ethan Cook, to discuss the 21st annual State of the Net conference. This conference is a series of roundtable panels and interviews where industry experts and lawmakers meet to discuss the most pressing challenges facing the technology environment today. Throughout this conversation, our team breaks down AI, electricity grid stability, and media mergers. We also have some follow up from a friend of the show and former federal law enforcement officer, who notes that administrative subpoenas can provide quick, lawful wins without overburdening courts, but cautions that the full story is always more nuanced than it first appears.

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.

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State of the Net Conference

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This week's Caveat Briefing covers Europe's continued crackdown on Big Tech companies as both Spain and Ireland launch new investigations. Curious about the details? Head over to the ⁠⁠⁠Caveat Briefing⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Another week, another AI story.

Thu, 12 Feb 2026 06:00:00 -0000

This week, Ben has a story on An AI-run social network exposed API keys, raising fears of agent hijacking and corporate data breaches. Dave's got the story of a judge tossing a case after a lawyer repeatedly filed fake AI-generated citations, calling it a failure of basic legal research.

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.

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Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week's Caveat Briefing covers a lawsuit that kicked off in California, where a woman is suing Meta and YouTube for the harm they allegedly cause to kids. Curious about the details? Head over to the ⁠⁠Caveat Briefing⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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The algorithm is writing the rulebook now.

Thu, 05 Feb 2026 06:00:00 -0000

This week, we are joined by Tony Scott, CEO of Intrusion and former federal CIO, sharing his perspective on evolving regulation and the realities behind critical policy shifts. Ben has a story on the promise of AI to automate compliance. Dave's got reports that the Trump administration plans on using AI to write federal regulations.

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.

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Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week's Caveat Briefing covers the US Congress Targets ‘Pig-Butchering’ Scams as Cybercrime Outpaces Policy, as lawmakers roll out bipartisan legislation aimed at dismantling transnational scam syndicates that cost Americans an estimated $10 billion in 2024 alone. While the bills focus heavily on foreign actors—particularly alleged links to China—critics warn they fall short on addressing the growing role of AI, cryptocurrency, and major tech platforms that enable and profit from the scamming ecosystem. Curious about the details? Head over to the ⁠Caveat Briefing⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Compliance in the age of surveillance.

Thu, 29 Jan 2026 06:00:00 -0000

On today's episode of Caveat, we are joined by Matt Hillary, Chief Information Security Officer at Drata, discussing how AI is reshaping the compliance landscape and what it takes to build trust at AI speed. Ben has the story of Immigration and Customs Enforcement and their extensive use of modern surveillance tools. Dave discusses the Supreme Court’s taking of a case involving Facebook tracking pixels and video store rentals.

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 today's stories:

Get the weekly Caveat Briefing delivered to your inbox.

Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week's Caveat Briefing covers the EU launching an investigation of its own into X after the platform's AI chatbot, Grok, was able to be manipulated into generating non-consensual sexualized images. Alongside the EU's investigation, X is also facing pressures from the UK, France, Indonesia, and Malaysia over this incident. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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The expanding reach of surveillance.

Thu, 22 Jan 2026 06:00:00 -0000

Today we are joined by Brian McGinnis, partner at Barnes & Thornburg LLP, who is discussing youth protection and data privacy and the Federal Trade Commission. Ben has the story of the Supreme Court agreeing to take up a high-profile case on geofence warrants. Dave takes a look at the global question of digital sovereignty.

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 today's stories:

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Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week’s ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ covers ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Trump and states Aim to stop A.I. from inflating energy bills, as the Trump administration works with state leaders to prevent the rapid expansion of power-hungry A.I. data centers from pushing higher electricity costs onto consumers. Officials want major tech companies to shoulder more of the expense, though experts warn any relief for ratepayers is unlikely to come quickly. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Consent is not optional.

Thu, 15 Jan 2026 06:00:00 -0000

This week, Ben and Dave discuss the ongoing controversy surrounding Grok and its ability to generate nonconsensual nude images, raising fresh concerns about AI safeguards, consent, and accountability, before turning to a conversation with Caitlin Clarke, Senior Director for Cybersecurity Services at Venable, who breaks down the Cybersecurity Information Sharing Act of 2015 (CISA).

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 today's stories:

Get the weekly Caveat Briefing delivered to your inbox.

Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week’s ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ covers ⁠⁠⁠⁠⁠⁠⁠⁠⁠India’s proposed smartphone security rules that would require manufacturers like Apple and Samsung to share source code for government review, impose strict permission controls, mandate malware scanning and long-term log retention, and limit how devices can be updated or downgraded. Tech companies and industry groups are pushing back, warning the measures are impractical, lack global precedent, could harm performance and battery life, and may delay critical security updates that protect users. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Your data, your rules.

Thu, 08 Jan 2026 06:00:00 -0000

On today’s episode, Ben and Dave dive into the wave of new privacy legislation taking effect across the U.S., with California, Texas, and Virginia leading the way. We explore how these laws are giving consumers more control over their personal data—like California’s new “Delete Act” that lets residents remove their information from data brokers in one step.

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 today's stories:

Get the weekly Caveat Briefing delivered to your inbox.

Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week’s ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ covers ⁠⁠⁠⁠President Trump blocking HieFo Corp’s $3 million acquisition of Emcore, citing national security and China-related concerns, ordering HieFo to divest the assets within 180 days. The move follows a review by the Committee on Foreign Investment in the U.S., which identified potential national security risks linked to HieFo’s Chinese connections. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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The existing state of regulation. [CISOP]

Thu, 01 Jan 2026 06:00:00 -0000

While our team is out on winter break, please enjoy this episode of CISO Perspectives.

Regulation is a double-edged sword. While it helps create structure, establish accountability, and set standards, it also creates unnecessary hurdles, slower response times, and overly rigid systems. With every administration, policy goals and subsequently regulatory stances change, which can have major impacts on business operations.

In this episode of CISO Perspectives, host ⁠Kim Jones⁠ sits down with Ben Yelin, from the University of Maryland Center for Cyber Health and Hazard Strategies, to discuss the current state of regulation. Throughout the conversation, Ben and Kim discuss how the current administration views regulations and the future role of the federal government.

This episode of N2K Pro's CISO Perspectives podcast is brought to you by our sponsor, Meter. Meter provides a full-stack, enterprise-grade networking solution—wired, wireless, and cellular—designed, deployed, and managed end-to-end. From hardware to software, ISP to security, Meter delivers seamless, secure, and scalable connectivity for modern business environments. Learn more about ⁠Meter⁠.

Want more CISO Perspectives?

Check out a companion ⁠⁠⁠blog post⁠⁠⁠ by our very own Ethan Cook, where he breaks down key insights, shares behind-the-scenes context, and highlights research that complements this episode.

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Caveat Live: FBI and KU Cybersecurity Conference.

Thu, 25 Dec 2025 06:00:00 -0000

While our team is out on winter break, please enjoy this episode of Caveat.

We've got something special for you this week! We are excited to share our very first Caveat Live event. Host ⁠Ben Yelin⁠ recently headed to the FBI and KU Cybersecurity Conference at the University of Kansas for a live session of Caveat. During the episode, Ben covered the importance of public/private partnerships with ⁠Dr. Perry Alexander⁠. Ben and Professor ⁠John Symons ⁠spoke about the philosophical issues in AI and how those should impact policy decisions. Be sure to tune in for some great conversations.

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.

Please take a moment to fill out an ⁠audience survey⁠! Let us know how we are doing!

Links related to our show this week:

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Like what you heard? Be sure to check out and subscribe to our ⁠Caveat Briefing⁠, a weekly newsletter available exclusively to ⁠N2K Pro⁠ members on ⁠N2K CyberWire's⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week’s Caveat Briefing covers the story of the ⁠firing of the NSA Director⁠. Read about the firing as well as the other moves the administration has made to reduce the federal governments cyber defense programs and capabilities. Curious about the details? Head over to the ⁠Caveat Briefing⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠caveat@thecyberwire.com⁠. Hope to hear from you.

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Cyber lessons from the frontlines.

Thu, 18 Dec 2025 06:00:00 -0000

On today’s episode, we welcome back cybersecurity expert Caleb Barlow. Caleb joins us to explore lessons learned from conflicts in Ukraine and Gaza, with a focus on emerging threats to GPS systems and how they could impact security, military operations, and critical infrastructure.

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.

Get the weekly Caveat Briefing delivered to your inbox.

Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week’s ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ covers ⁠President Trump’s new executive order aimed at overriding state A.I. laws to create a single federal regulatory framework, boosting U.S. “global A.I. dominance” and favoring tech companies. The order grants the attorney general authority to challenge state regulations, threatens to withhold federal funds from noncompliant states, and has sparked bipartisan opposition amid concerns about consumer protection and child safety. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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One nation, two AI futures.

Thu, 11 Dec 2025 06:00:00 -0000

This week on Caveat, Dave and Ben welcome back N2K’s own ⁠⁠⁠⁠⁠Ethan Cook⁠⁠⁠⁠⁠ for our latest policy deep dive segment. As our lead analyst, Ethan shares his knowledge of law, privacy, and surveillance on the latest policy developments shaping the cybersecurity and legal landscape.

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.

Policy Deep Dive

In this Caveat Policy Deep Dive, our conversation and analysis revisit AI. Throughout this conversation, we look at how AI has evolved within the US over 2025. As AI policy has continued to expand at the state level, the Trump administration has begun to outline its overall AI strategy. However, while states have continued to expand their regulatory AI regimes, the Trump administration is looking to pull back on regulatory burdens, creating a tension point between the two.

Get the weekly Caveat Briefing delivered to your inbox.

Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week’s ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ covers India considering a telecom industry proposal that would require smartphones to have always-on satellite location tracking, a move opposed by Apple, Google, and Samsung over privacy and security concerns. Experts warn the measure would make phones function like dedicated surveillance devices, a step with no precedent globally. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Jumping into a time machine.

Thu, 04 Dec 2025 06:00:00 -0000

This week, Ben Yelin discusses the new California Opt Me Out Act that requires web browsers to offer a one-click “opt-out” setting that stops companies from selling or sharing your data. Dave Bittner bring the story about the Supreme Court of the United States weighing whether internet service providers must cut off users who repeatedly pirate content — a ruling that could transform how online piracy is policed and overhaul liability for ISPs. Ben and Dave are joined by Daniel Woods, Principal Security Researcher at Coalition, to discuss the rise of cyber insurance exclusions and the consequences of this trend.

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 today's stories:

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This week’s ⁠⁠⁠⁠This week’s ⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠ covers South Korea’s biggest e-commerce company Coupang that is under investigation after police confirmed a massive data breach that exposed personal information (names, emails, phone numbers, addresses, and order history) for over 33 million customers. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Red, white, and for you page.

Thu, 27 Nov 2025 06:00:00 -0000

Please enjoy this encore of Caveat.

This week, we are joined by ⁠Michele Kellerman⁠, Cybersecurity Engineer for Air and Missile Defense at ⁠Johns Hopkins University Applied Physics Lab⁠ discussing Women's health apps and the legal grey zone that they create with HIPAA. Ben has the story of the potential sale of TikTok to U.S. investors. Dave's got the story of a looming deadline on renewal of a key cybersecurity information sharing 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 today's stories:

⁠Get the weekly Caveat Briefing delivered to your inbox.

This week's ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ covers ⁠⁠⁠⁠⁠the ⁠Trump administration’s⁠ approval of a long-awaited deal for ByteDance to divest from TikTok, transferring majority ownership — and control of its recommendation algorithm — to a U.S.-led group including Oracle, Silver Lake, and Andreessen Horowitz. The Department of Justice also kicked off its major antitrust case against Google’s ad tech business, seeking a forced divestiture of its AdX exchange and potential structural changes to restore competition in the online advertising market. ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

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AI arms race meets nation-state mayhem.

Thu, 20 Nov 2025 06:00:00 -0000

This week, Ethan Cook, N2K lead analyst and editor of the Caveat newsletter joins Dave and Ben with a rapid-fire download from Public Sector Ignite — from CISA’s strategic pivot to the evolving threat landscape across China, Russia, Iran, and North Korea. He teases major takeaways on quantum risk and the ticking clock to “Q-Day,” why telecoms remain a soft underbelly, and how AI is turbocharging both defenders and attackers.

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.

Get the weekly Caveat Briefing delivered to your inbox.

This week’s ⁠⁠⁠⁠This week’s ⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠ covers Europe’s unexpected shift toward loosening its once-aggressive tech rules, as policymakers move to simplify GDPR, delay parts of the A.I. Act, and ease data-use restrictions to boost competitiveness. The move signals a major tone change in Brussels, raising questions about whether scaling back oversight will spark innovation — or weaken one of the world’s strongest digital privacy regimes. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Where are we going with warrantless searches?

Thu, 13 Nov 2025 06:00:00 -0000

Please enjoy this encore of Caveat.

This week, we are joined by ⁠Max Shier⁠, ⁠Optiv⁠'s CISO, to discuss the newly-released CMMC 2.0, Cybersecurity Maturity Model Certification, and how to ensure compliance. Ben discusses a federal court’s decision holding warrantless queries of the Section 702 database unconstitutional. Dave looks at a murder case in Cleveland that’s been derailed by the prosecution’s use of AI.

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.

Please take a moment to fill out an ⁠audience survey⁠! Let us know how we are doing!

Links to the stories:

Get the weekly Caveat Briefing delivered to your inbox.

This week’s ⁠Caveat Briefing⁠ covers the story of President Trump revoking a 2023 executive order by Joe Biden that mandated AI developers to share safety test results for high-risk systems with the U.S. government before public release, citing it as a hindrance to innovation. While Biden’s order aimed to address national security and public safety risks associated with AI, Trump left intact a separate Biden order supporting energy needs for AI data centers. Curious about the details? Head over to the ⁠Caveat Briefing⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠caveat@thecyberwire.com⁠. Hope to hear from you.

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Face to face with controversy.

Thu, 06 Nov 2025 06:00:00 -0000

Today we are joined by Dr. Sasha O'Connell, Senior Director for Cybersecurity Programs at Aspen Digital, discussing "10 Years of Cybersecurity Progress & What Comes Next." Ben talks about a couple of instances of AI companies reigning in their chatbots. Dave's got the story of ICE’s controversial facial recognition 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.

Get the weekly Caveat Briefing delivered to your inbox.

This week’s ⁠⁠⁠⁠This week’s ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ covers This week’s briefing covers federal agencies considering a ban on TP-Link routers over national security concerns, Getty Images losing most of its UK lawsuit against Stability AI in a setback for copyright protections, and other global developments including Microsoft’s AI investments in the UAE, new EU efforts to counter hybrid threats, Meta’s rejection of a French watchdog ruling, and a new US-UAE agreement on AI and energy collaboration. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Cybersecurity on the ballot in California.

Thu, 30 Oct 2025 05:00:00 -0000

Next week, California will hold a major election on Tuesday, November 4, amid heightened cyber risk and increased exposure to potential attacks. With the ongoing government shutdown and reduced grant funding for local counties overseeing the elections, vulnerabilities are growing. Sanny Liao, Co-Founder and CTO of Fable Security, joins to discuss the biggest cyber threats to this election, how attackers could exploit phishing or other tactics to gain access, and where counties should focus training to detect and prevent malicious activity.

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.

Get the weekly Caveat Briefing delivered to your inbox.

This week’s ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ covers the U.S. Department of Energy’s $1 billion partnership with AMD to build two supercomputers, Lux and Discovery, aimed at fusion energy, cancer research, and national security. Lux, using AMD’s MI355X AI chips, will come online in six months and deliver three times the AI capacity of current supercomputers. Discovery, built with AMD’s MI430 chips, is expected to be operational by 2029, highlighting a major DOE-private industry collaboration to accelerate scientific breakthroughs. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Regulation takeaways with Ethan Cook. [CISO Perspectives]

Tue, 28 Oct 2025 07:00:00 -0000

On this episode, host Kim Jones is joined by Ethan Cook, N2K’s lead analyst and editor, for a deeper, more reflective conversation on cybersecurity regulation, privacy, and the future of policy. This episode steps back from the news cycle to connect the dots and explore where the regulatory landscape is heading — and why it matters.

Ethan, who will join the show regularly this season to provide big-picture analysis after major policy conversations, shares his perspective on the evolving balance between government oversight, innovation, and individual responsibility.

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How North Korea strikes and survives.

Thu, 23 Oct 2025 05:00:00 -0000

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.

Policy Deep Dive

In this Caveat Policy Deep Dive, our conversation and analysis revolve around North Korean hacking. Throughout this conversation, we break down how North Korea has transformed itself into one of the largest nation-state hackers today. We dive into what types of attacks they perform, how they have evolved these attacks over time, and how they use their ill-gotten gains to support their economy and evade sanctions.

Get the weekly Caveat Briefing delivered to your inbox.

This week’s ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ covers major developments in cybersecurity and digital policy, including a US court permanently barring NSO Group from targeting WhatsApp while reducing damages from $167.3 million to $4 million, highlighting growing oversight against spyware abuse. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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The existing state of regulation. [CISO Perspectives]

Tue, 21 Oct 2025 07:00:00 -0000

Want more CISO Perspectives?

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Ghosts on screen.

Thu, 16 Oct 2025 05:00:00 -0000

This week, while Dave is on vacation, Ben Yelin, and Ethan Cook, N2K's Lead Analyst and editor of the Caveat newsletter, take the lead and share their stories. Ben's story is on the legal and ethical issues surrounding Sora, the tool being used to make AI-powered videos of deceased celebrities. Ethan covers the story about Taiwan’s security bureau releasing a new report detailing recent Chinese hacking efforts and how they compare to the past years.

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 today's stories:

⁠Get the weekly Caveat Briefing delivered to your inbox.

This week's ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ covers California's Governor, Gavin Newsom vetoing and signing different AI-related bills, including AI chatbot restrictions for kids. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

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From alerts to aborts.

Thu, 09 Oct 2025 05:00:00 -0000

Will Daugherty, US Head of Norton Rose Fulbright's Cybersecurity practice, discussing the upcoming expiration of CISA 2015. Ben discusses Apple’s decision to remove the ICEBlock app after pressure from the White House. Dave's got the story of the Secretary of Defense dialing back cyber training fro troops.

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 today's stories:

⁠Get the weekly Caveat Briefing delivered to your inbox.

This week's ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ covers ⁠⁠⁠⁠⁠⁠⁠China’s covert influence campaign in the Philippines, where a Beijing-funded marketing firm used fake social media accounts to amplify pro-China narratives, attack U.S. alliances, and spread disinformation. The operation aimed to sway public opinion, undermine democratic discourse, and shape the country’s political landscape ahead of future elections. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

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AI on the witness stand.

Thu, 02 Oct 2025 05:00:00 -0000

Sarah Graham from the Atlantic Council’s Cyber Statecraft Initiative (CSI) discussing their work and findings on "Mythical Beasts: Diving into the depths of the global spyware market." Ben has the story of law enforcement agencies increasingly relying on AI to synthesize digital evidence. Dave's got the story of the Secretary of Commerce pressuring Taiwan over ship manufacturing.

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 today's stories:

⁠Get the weekly Caveat Briefing delivered to your inbox.

This week's ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ covers ⁠⁠⁠⁠⁠how all EU member states have joined a Dutch-led "Semicon Coalition" calling for a revamped "Chips Act 2.0" focused on securing critical semiconductor technologies, speeding approvals, and expanding skills and funding. Backed by over 50 major companies, the group argues the EU must shift beyond its 20% market-share goal—now seen as unattainable—to strengthen its position in a global chip sector where Europe is projected to hold just 11.7% by 2030. ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

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Red, white, and for you page.

Thu, 25 Sep 2025 05:00:00 -0000

This week, we are joined by Michele Kellerman, Cybersecurity Engineer for Air and Missile Defense at Johns Hopkins University Applied Physics Lab discussing Women's health apps and the legal grey zone that they create with HIPAA. Ben has the story of the potential sale of TikTok to U.S. investors. Dave's got the story of a looming deadline on renewal of a key cybersecurity information sharing 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.

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This week's ⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠ covers ⁠⁠⁠the Trump administration’s approval of a long-awaited deal for ByteDance to divest from TikTok, transferring majority ownership — and control of its recommendation algorithm — to a U.S.-led group including Oracle, Silver Lake, and Andreessen Horowitz. The Department of Justice also kicked off its major antitrust case against Google’s ad tech business, seeking a forced divestiture of its AdX exchange and potential structural changes to restore competition in the online advertising market. ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

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Decrypting the future.

Thu, 18 Sep 2025 05:00:00 -0000

Today we are joined by ⁠Rebecca Krauthamer, Stanford Quantum Computing Researcher and CEO of QuSecure, to discuss the National Quantum Cybersecurity Migration Strategy Act. Ben has the story of a new California bill regulating AI. Dave's got the story of the controversial technology transfer from the US to the UAE.

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.

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This week's ⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠ covers ⁠how the EU resolved its antitrust investigation into Microsoft by requiring the company to unbundle Teams from Microsoft 365 and Office 365, aiming to boost competition and give customers more choice, though the long-term market impact remains uncertain. Meanwhile, California lawmakers passed a new AI safety bill, SB53, which would mandate transparency and safety reporting from AI developers, potentially setting a precedent for broader state and federal regulation if signed by Governor Newsom. ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

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HR1 and the future of U.S. tech security

Thu, 11 Sep 2025 05:00:00 -0000

This week on Caveat, Dave and Ben welcome back N2K’s own ⁠⁠⁠⁠Ethan Cook⁠⁠⁠⁠ for our latest policy deep dive segment. As our lead analyst, Ethan shares his knowledge of law, privacy, and surveillance on the latest policy developments shaping the cybersecurity and legal landscape.

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.

Policy Deep Dive

In this month's Caveat Policy Deep Dive, our conversation and analysis revolve around the One Big Beautiful Bill, or HR1. Throughout this conversation, we break down this bill and how its new initiatives are supporting the Trump administration's efforts. Some key aspects focused on during this conversation include breaking down the billions invested in improving technological capabilities, supply chain security, and defensive resiliency. Each of these efforts is reflective of President Trump's agenda to secure technological dominance for years to come.

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Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week’s ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ covers how Anthropic has agreed to a $1.5 billion settlement with authors and publishers, marking the largest payout in U.S. copyright history after a judge ruled the company illegally downloaded millions of pirated books. While the court found that using legally obtained books to train AI models was fair use, Anthropic was held liable for acquiring works from shadow libraries like Library Genesis. The deal underscores growing legal pressure on AI companies and could push others toward licensing agreements or costly settlements to resolve copyright disputes. Curious about the details? Head over to the ⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠. Hope to hear from you.

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Two seconds to safer online spaces.

Thu, 04 Sep 2025 05:00:00 -0000

Today we are joined by Elad Schindler, Product Manager of AU10TIX, sharing some details about their free assessment tool and readiness guide to help organizations navigate child safety age assurance compliance. Ben discusses some unintended consequences of age verification laws. Dave's got a look at the government’s recent acquisition of a stake in Intel.

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.

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This week's ⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠ covers Google facing a modest EU antitrust fine after a four-year investigation into whether it unfairly favored its own adtech services over rivals. Unlike past record-breaking penalties, the new EU antitrust chief Teresa Ribera is shifting focus from large fines to ending anti-competitive practices, with no plans to force a Google business divestment. ⁠⁠⁠⁠⁠⁠⁠⁠⁠Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

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Ransomware readiness at risk.

Thu, 28 Aug 2025 05:00:00 -0000

This week, Ben speaks with John Anthony Smith, Founder and CSO at Fenix24, about why law firms are falling behind on recovery readiness as human-operated attacks continue to rise. Ben also shares insights on a hack impacting the federal court system, while Dave takes a look at a Michigan Supreme Court ruling on digital device fishing.

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.

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This week's ⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠ covers how a whistleblower report is alleging DOGE copied millions of social security numbers to an unprotected cloud server. ⁠⁠⁠⁠⁠⁠⁠Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Installment plans for your privacy.

Thu, 21 Aug 2025 05:00:00 -0000

On today’s show we are joined by Ron Zayas, CEO of Ironwall by Incogni, to discuss the massive data sharing and privacy risks in the leading Buy Now Pay Later apps. Ben’s got the story of Illinois banning the use of AI in mental health therapy, joining Nevada and Utah in restricting chatbots amid growing concerns about their safety and effectiveness. Dave's got the story of former President Trump threatening an executive order to ban mail-in voting and voting machines—claims experts say are unconstitutional, since election authority lies with states and Congress, not the White House.

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.

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This week's ⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠ covers he Supreme Court’s decision not to block a Mississippi law requiring all users to verify their ages before accessing social media platforms like Facebook, Instagram, and YouTube. The law, broader than a recent Texas ruling on explicit content sites, is being challenged by NetChoice as unconstitutional, but for now it will remain in effect while the case continues. ⁠⁠⁠⁠⁠Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Governments go on the offensive

Thu, 14 Aug 2025 05:00:00 -0000

This week on Caveat, Dave and Ben welcome back N2K’s own ⁠⁠⁠Ethan Cook⁠⁠⁠ for our latest policy deep dive segment. As our lead analyst, Ethan shares his knowledge of law, privacy, and surveillance on the latest policy developments shaping the cybersecurity and legal landscape.

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.

Complete our annual ⁠⁠audience survey⁠⁠ before August 31.

Policy Deep Dive

In this Caveat Policy Deep Dive, our conversation and analysis revolves around cyber operations policy. Throughout this conversation, we break down the global shift where governments are taking a more offensive-oriented cyber mindset. While this trend has been developing over several years, the Trump administration has been looking to dramatically accelerate these efforts since taking office.

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Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠ members on ⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week’s ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ covers President Trump’s suggestion to allow Nvidia to sell a scaled-down version of its next-generation Blackwell AI chip in China, along with a rare agreement requiring Nvidia and AMD to give the U.S. government 15% of revenue from certain chip sales to the country. While the administration insists the move won’t compromise national security, critics warn it could still give Beijing enough computing power to accelerate its AI capabilities and close the technology gap with the U.S. Curious about the details? Head over to the ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠. Hope to hear from you.

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Protecting or policing?

Thu, 07 Aug 2025 05:00:00 -0000

On today’s show Ben’s got the story of how the UK’s new Online Safety Act, billed as a way to protect children, may actually end up doing more harm than good—with mandatory age checks, privacy concerns, and a growing backlash from users. Dave’s got the story of how Flock Safety is expanding its controversial license plate surveillance network into schools—raising serious concerns from privacy advocates about student monitoring, data use, and the growing reach of law enforcement tech on campus.

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.

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This week's ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ covers a call from Senate Democrats for an investigation into the Department of Justice’s settlement allowing Hewlett Packard Enterprise’s $14 billion acquisition of Juniper Networks, raising concerns about political interference and the firing of key antitrust officials. The senators allege that HPE’s use of lobbyists with ties to the Trump administration, along with reported pressure from intelligence officials to approve the deal, signals potential politicization and improper influence over the DOJ’s merger enforcement process. ⁠⁠⁠Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Trump’s AI race against China.

Thu, 31 Jul 2025 05:00:00 -0000

While Ben is on vacation this week, Dave welcomes back Ethan Cook to the show. On today’s episode, Ethan breaks down former President Trump’s recently released AI action plan, highlighting key priorities and what it could mean for the future of U.S. tech policy. Dave takes a closer look at the growing bipartisan support for AI regulation in Congress, exploring how lawmakers from both parties are approaching concerns around transparency, accountability, and national security as AI capabilities continue to evolve.

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.

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This week's ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ covers the Trump administration’s newly released AI blueprint, which aims to supercharge U.S. AI exports to allies, fast-track data center construction by loosening environmental rules, and establish a single federal regulatory standard. The plan, which replaces Biden-era restrictions, is designed to maintain America’s edge over China in the AI arms race and includes executive orders targeting export controls, environmental regulations, and perceived political bias in AI systems.Ask ChatGPT ⁠⁠⁠Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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The clock’s ticking and the bots are clicking.

Thu, 24 Jul 2025 05:00:00 -0000

This week, Ben's story is on the looming expiration of the Cybersecurity Information Sharing Act (CISA 2015), a widely supported but currently stalled law that enables cyber threat data sharing between the private sector and government, now at risk of lapsing by September 30 due to congressional inaction and conflicting priorities. Dave’s got the story of how a Georgia court's AI-fueled legal blunder has sparked growing concern that overworked judges nationwide could increasingly miss fake citations generated by AI, prompting urgent calls for better tech training, oversight, and ethical guidance to safeguard the integrity of the U.S. justice system.

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.

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This week's ⁠⁠⁠Caveat Briefing⁠⁠⁠ covers a major cyber espionage campaign exploiting a zero-day flaw in Microsoft’s SharePoint server software, compromising about 100 organizations—mostly in the U.S. and Germany—including government entities. Researchers warn that thousands more servers could be at risk, and while Microsoft has issued patches, experts stress that full remediation requires more than just updating software, as a China-linked threat actor may be behind the ongoing intrusions. ⁠Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Cybersecurity in the states.

Thu, 17 Jul 2025 05:00:00 -0000

This week, we are joined by Gary Barlet, former Federal CIO and Air Force Cyber Operations Officer and current Public Sector CTO at Illumio, to discuss how this approach to cybersecurity leaves some states much more at risk than others. Ben has the story of a Virginia case relating to reverse key word searches. Dave's got a highly unusual move by the DOJ against Maryland’s district courts.

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.

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This week's ⁠⁠Caveat Briefing⁠⁠ covers BNPL apps and the privacy issues they found associated with them. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Who’s the boss of AI?

Thu, 10 Jul 2025 05:00:00 -0000

This week on Caveat, Dave and Ben welcome back N2K’s own ⁠⁠Ethan Cook⁠⁠ for our latest policy deep dive segment. As our lead analyst, Ethan shares his knowledge of law, privacy, and surveillance on the latest policy developments shaping the cybersecurity and legal landscape.

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.

Complete our annual ⁠audience survey⁠ before August 31.

Policy Deep Dive

In this Caveat Policy Deep Dive, our conversation and analysis revolve around preemption. Recently, Congress attempted to use preemption as a justification to pass a moratorium that would have overridden all current state AI legislation and prevented any new state AI bills from being passed. While the measure failed, this action is representative of a growing debate over how the government should regulate AI.

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Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠Caveat Briefing⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠N2K Pro⁠⁠⁠ members on ⁠⁠⁠N2K CyberWire's⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week’s ⁠⁠⁠Caveat Briefing⁠⁠⁠ covers how the U.S. SEC has issued new guidance on crypto-based exchange-traded products, signaling the start of a broader regulatory framework that could accelerate the approval of dozens of crypto ETFs, including those tied to Solana, XRP, and even meme coins. While full rule changes are still in development, the guidance marks a shift in the agency’s stance under Republican leadership and could significantly streamline the listing process for new crypto products. Curious about the details? Head over to the ⁠⁠⁠Caveat Briefing⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠. Hope to hear from you.

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A nation divided can’t stand secure.

Thu, 03 Jul 2025 05:00:00 -0000

This week, Ben discusses some major Supreme Court decisions from the just concluded 2025 term. Dave's got the story of a license plate reader company dialing back access after media reports reveal potential oversharing.
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.

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This week's ⁠Caveat Briefing⁠ covers two major U.S. Supreme Court rulings that may shape the future of digital policy. The Court upheld both the FCC’s authority to fund the Universal Service Fund—preserving billions for internet access in underserved communities—and a Texas law requiring age verification for adult content, sparking renewed debate over online privacy, free speech, and regulatory reach. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠⁠. Hope to hear from you.

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Cyber offense in the hot seat.

Thu, 26 Jun 2025 05:00:00 -0000

This week on Caveat, Dave and Ben sit down with Andy Boyd, former Director of the CIA’s Center for Cyber Intelligence (CCI) and now an operating partner at AE Industrial Partners, a private equity firm focused on national security and aerospace. With decades of experience leading cyber operations at one of the most secretive U.S. intelligence agencies, Andy shares candid insights on the state of offensive cyber operations in the United States.

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.

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This week's Caveat Briefing covers a contentious move in Congress as the Senate parliamentarian ruled that a provision banning state regulation of AI for 10 years can remain in President Trump’s tax and spending bill. The decision allows the measure—which ties AI regulation to federal broadband funding access—to proceed under budget reconciliation, despite bipartisan skepticism and growing concerns over federal overreach into states' rights. Curious about the details? Head over to the ⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠⁠. Hope to hear from you.

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Answering the cybersecurity call.

Thu, 19 Jun 2025 05:00:00 -0000

Please enjoy this encore of Caveat.

Camille Stewart Gloster, Former Deputy National Cyber Director at the White House, is sharing a retrospective of her public service career. Ben discusses a new lawsuit in Illinois challenging automatic license plate readers. Dave's got the story of an AI hotline between the US and China.

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.

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Caveat Briefing

A companion weekly newsletter is available CyberWire Pro members on the CyberWire's website. If you are a member, make sure you subscribe to receive our weekly wrap-up of privacy, policy, and research news, focused on incidents, techniques, tips, compliance, rights, trends, threats, policy, and influence ops delivered to you inbox each Thursday.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠caveat@thecyberwire.com⁠. Hope to hear from you.

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The art of the breakup: Trump’s antitrust surge.

Thu, 12 Jun 2025 05:00:00 -0000

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.

Policy Deep Dive

In this Caveat Policy Deep Dive, our conversation and analysis revisits antitrust policy. Throughout this conversation, we break down how President Trump has pursued one of the most aggressive initial antitrust policies in decades. Since taking office, the FTC and DOJ have continued to pursue many of the antitrust cases that the former Biden administration was pursuing targeting many Big Tech companies. However, these cases are not minor as in each of the cases, the Trump administration is actively pursuing major company breakups.

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Like what you heard? Be sure to check out and subscribe to our ⁠⁠Caveat Briefing⁠⁠, a weekly newsletter available exclusively to ⁠⁠N2K Pro⁠⁠ members on ⁠⁠N2K CyberWire's⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week’s ⁠⁠Caveat Briefing⁠⁠ covers how Italy has cut ties with the Israeli spyware firm, Paragon after revelations that its technology was used to surveil government critics, including journalists and migrant rescue workers, sparking political outrage. A parliamentary report confirmed that Italian intelligence services had first paused, then terminated use of the spyware, though the timeline of the decision remains disputed. Curious about the details? Head over to the ⁠⁠Caveat Briefing⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠caveat@thecyberwire.com⁠⁠. Hope to hear from you.

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Deep in the tech of Texas.

Thu, 05 Jun 2025 05:00:00 -0000

This week on Caveat, Ben’s got the story of Texas becoming the second—and largest—state to pass a law requiring Apple and Google to verify users' ages on app stores and get parental consent before kids and teens can download apps or make purchases, signaling a broader push toward stricter online age checks. Dave dives into the story of President Trump’s 2026 budget proposal, which calls for slashing over 1,000 jobs at CISA and cutting the agency’s budget by nearly half a billion dollars, raising bipartisan concerns about the future of federal cybersecurity programs.

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:

⁠Trump budget proposal would slash more than 1,000 CISA jobs

A new Texas law mandates age checks on phones. It may be just the start.

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This week’s ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ is on how a federal judge is weighing less aggressive remedies in the U.S. antitrust case against Google, suggesting limited data sharing and conditional changes to its deals with Apple rather than the sweeping 10-year plan proposed by regulators. The judge also noted that emerging AI tools like ChatGPT could disrupt traditional search, raising questions about how future competitors should factor into the case. Curious about the details? Head over to the ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠⁠. Hope to hear from you.

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When AI serves up trouble.

Thu, 29 May 2025 05:00:00 -0000

This week on Caveat, Ben’s got the story of a federal judge rejecting Google and Character.AI’s claim that their chatbot’s messages are protected free speech, allowing a wrongful death lawsuit over a teen’s suicide linked to the chatbot to move forward. Dave’s story is on the growing challenges of assigning legal and financial responsibility when autonomous AI agents, increasingly deployed by tech giants like Google and Microsoft, make costly mistakes due to miscommunication or errors in multi-agent systems.

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:

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This week’s ⁠⁠⁠Caveat Briefing⁠⁠⁠ is on Texas Governor Greg Abbott signing a law that requires Apple and Google to enforce age verification and parental consent for app downloads and in-app purchases by users under 18, effective January 1. While child safety groups support the law as necessary for protecting kids, Apple and Google oppose it citing privacy concerns and potential legal challenges, suggesting instead more targeted age data sharing with apps that truly need it. Curious about the details? Head over to the ⁠⁠⁠Caveat Briefing⁠⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠caveat@thecyberwire.com⁠⁠⁠. Hope to hear from you.

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Take it down or shut it down?

Thu, 22 May 2025 05:00:00 -0000

This week on Caveat, Ben covers growing backlash to a federal proposal that would block states from enforcing their own AI laws for the next decade—a move critics call unconstitutional and a gift to Big Tech. Meanwhile, Dave unpacks the newly signed Take It Down Act, which criminalizes the distribution of nonconsensual intimate images, including AI deepfakes, and requires platforms to remove them within 48 hours. While the law has broad support, civil liberties groups warn it could lead to censorship, selective enforcement, and false hope for victims.

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:

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This week’s ⁠⁠Caveat Briefing⁠⁠ is on how the U.S. and UAE have signed a landmark agreement allowing the UAE to build the largest AI campus outside the U.S., easing previous export restrictions and marking a strategic shift to deepen U.S.-UAE tech ties while managing national security concerns and maintaining trade relations with China. Curious about the details? Head over to the ⁠⁠Caveat Briefing⁠⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠caveat@thecyberwire.com⁠⁠. Hope to hear from you.

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Diving deep into critical infrastructure.

Thu, 15 May 2025 05:00:00 -0000

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.

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Policy Deep Dive

In this Caveat Policy Deep Dive, our conversation and analysis revolve around critical infrastructure policy. Throughout this conversation, we break down how critical infrastructure policy has evolved over the past fifteen years and what policies have been behind some of these advancements. Some key topics focused on during this conversation center on some of the centralization of infrastructure management policies, the creation of CISA, and how the second Trump administration is changing the federal government's approach when managing critical infrastructure.

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This week’s ⁠Caveat Briefing⁠ a new bill that is gaining traction in Congress where Senators Merkley and Kennedy are looking to limit the TSA's facial scanning program. This law comes after the DHS announced an audit regarding how the TSA has used this technology. Curious about the details? Head over to the ⁠Caveat Briefing⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠caveat@thecyberwire.com⁠. Hope to hear from you.

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iSpy and iDefy.

Thu, 08 May 2025 05:00:00 -0000

This week, Ben and Dave tackle two major policy stories making headlines. Ben unpacks the Fourth Circuit’s long-awaited ruling in United States v. Chatrie, where the court failed to reach a majority decision on whether geofence warrants violate the Fourth Amendment. Instead, the panel affirmed the lower court’s decision based solely on the good-faith exception, leaving key constitutional questions unanswered. Then, Dave covers the latest twist in the Epic Games v. Apple saga: a federal judge ruled that Apple willfully defied a court order to open up iOS app payment options—referring the company and a senior executive for potential criminal investigation.

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.

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Links related to our show this week:

⁠The Fourth Circuit's Geofencing Case Ends Not With a Bang But A Whimper

Apple violated court’s order to loosen app store rules, judge says

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This week’s ⁠Caveat Briefing⁠ covers the story of how a proposed bipartisan U.S. law aims to crack down on semiconductor chip smuggling by mandating location-tracking technology, while President Trump’s 2026 budget proposes major cuts to CISA’s cybersecurity efforts, signaling shifting federal priorities amid growing concerns over national security and tech competition with China. Curious about the details? Head over to the ⁠Caveat Briefing⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠caveat@thecyberwire.com⁠. Hope to hear from you.

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The AI policy divide.

Thu, 01 May 2025 05:00:00 -0000

Please enjoy this encore episode of Caveat.

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.

Please take a moment to fill out an ⁠audience survey⁠! Let us know how we are doing!

Policy Deep Dive

In this Caveat Policy ⁠Deep Dive⁠, we turn our focus to the evolving landscape of artificial intelligence (AI) policy. This month, the Caveat team delves into the key issues shaping political discourse around AI, exploring state-led initiatives, the lack of significant federal action, and the critical areas that still require stronger oversight, offering an in-depth analysis of AI legislation, the varied approaches across states, and the pressing challenges that demand federal attention.

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This week’s ⁠Caveat Briefing⁠ covers the story of the ⁠Paris AI summit⁠, where French President Emmanuel Macron and EU digital chief Henna Virkkunen announced plans to reduce regulatory barriers to support AI innovation. The summit highlighted the growing pressure on Europe to adopt a lighter regulatory touch in order to remain competitive with the U.S. and China, while also addressing concerns about potential risks and the impact on workers as AI continues to evolve. Curious about the details? Head over to the ⁠Caveat Briefing⁠ for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to ⁠caveat@thecyberwire.com⁠. Hope to hear from you.

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Big tech, big trouble, and a dash of DORA.

Thu, 24 Apr 2025 05:00:00 -0000

This week we are joined by Avani Desai, CEO of Schellman, who is talking about what we can expect now that Digital Operational Resilience Act (DORA) is in effect. Ben’s got the story of how a federal judge ruled that Google broke antitrust laws to maintain its dominance in online advertising, marking the second major legal blow in a year that could lead to a dramatic restructuring of the tech giant. Dave’s got the story of a Nevada judge who ruled that "tower dumps"—grabbing cell tower data on thousands of people at once—are unconstitutional under the Fourth Amendment… but still let the cops use the data this time because they acted in good faith.

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.

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Like what you heard? Be sure to check out and subscribe to our Caveat Briefing, a weekly newsletter available exclusively to N2K Pro members on N2K CyberWire's website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.

This week’s Caveat Briefing covers the story of Google losing its second major antitrust case, escalating U.S.-China trade tensions impacting chipmakers, a new probe into 23andMe’s data handling, and a lawsuit against Discord for child safety concerns—highlighting growing scrutiny of tech giants across legal, regulatory, and geopolitical fronts. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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The Trump administration’s policy shift.

Thu, 17 Apr 2025 05:00:00 -0000

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.

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Policy Deep Dive

In this Caveat Policy Deep Dive, our conversation and analysis revolves around US cybersecurity policy. Throughout this conversation, we break down the Trump administration's efforts to reassess the US's cybersecurity policies. Some key talking points revolve around pivoting the nation's international focus to prioritize the Pacific region as well as domestic efforts to place cybersecurity responsibilities in the hands of state governments rather than federal agencies.

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This week’s Caveat Briefing covers the story of the FTC officially kicking off its antitrust lawsuit against Meta, and how it accusing the tech giant of monopolizing the social media market through a “buy-or-bury” strategy, with high-profile witnesses like Mark Zuckerberg set to testify as the agency attempts to unwind years-old acquisitions. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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Caveat Live: FBI and KU Cybersecurity Conference.

Thu, 10 Apr 2025 05:00:00 -0000

We've got something special for you this week! We are excited to share our very first Caveat Live event. Host Ben Yelin recently headed to the FBI and KU Cybersecurity Conference at the University of Kansas for a live session of Caveat. During the episode, Ben covered the importance of public/private partnerships with Dr. Perry Alexander. Ben and Professor John Symons spoke about the philosophical issues in AI and how those should impact policy decisions. Be sure to tune in for some great conversations.

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.

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Links related to our show this week:

FBI and KU Cybersecurity Conference
Guest Dr. Perry Alexander, University of Kansas
Guest John Symons, University of Kansas
Review Essay: Social and Political Aspects of the Ethics of Artificial Intelligence. Journal of Moral Philosophy

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This week’s Caveat Briefing covers the story of the firing of the NSA Director. Read about the firing as well as the other moves the administration has made to reduce the federal governments cyber defense programs and capabilities. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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A make-or-break moment for businesses.

Thu, 03 Apr 2025 05:00:00 -0000

This week, we are joined by Daniel Barber, CEO and Co-Founder of DataGrail, to discuss why data privacy should matter to companies in 2025. Ben has the story of a California lawmaker’s proposal to regulate kids’ use of AI companions. Dave's got the story of a reporter's 300 mile trek through rural Virginia in search of license plate readers.

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.

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This week’s Caveat Briefing covers the story of why election officials and lawmakers are fearful that U.S. elections will be less secure after the Trump administration cut funding for federal election security programs, halting CISA’s support and forcing states to find alternative resources amid growing concerns about cyber and physical threats. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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When secret plans hit the wrong inbox.

Thu, 27 Mar 2025 05:00:00 -0000

This week, we are joined by Tara Wisniewski, EVP for Advocacy, Global Markets and Member Engagement at ISC2 discussing their work on "Navigating Global Transitions: Cybersecurity's Role Amid Political Change?" Ben and Dave both tackle the questionable and potentially illegal use of Signal by high level Trump officials after a text message got sent to the wrong person.

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.

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The Trump Administration Accidentally Texted Me Its War Plans

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This week’s Caveat Briefing covers the story of European lawmakers urging the Commission to accelerate efforts on a "Chips Act 2.0" to boost AI chip investments and address technological gaps. In a letter signed by 54 lawmakers, they criticized the slow progress of the original 2023 Chips Act and warned that Europe must strengthen its semiconductor industry to remain competitive amid growing geopolitical tensions. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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Turning CISA’s recommendations into action.

Thu, 20 Mar 2025 05:00:00 -0000

This week, we are joined by David Wiseman, Vice President of Secure Communications at BlackBerry, discussing making CISA's encrypted communications guidelines actionable. Ben's got the story of the UK’s Online Safety Act kicking in, with Big Tech companies like Musk’s X facing massive fines and potential shutdowns for failing to remove harmful content, despite Musk’s hopes that Trump will intervene to water it down. Dave's got the story of a surveillance success for law enforcement in Baltimore and a new-to-me forensics tool.

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.

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This week’s Caveat Briefing covers the story of the White House’s unprecedented involvement in the sale of TikTok’s U.S. assets, with Vice President JD Vance overseeing the auction. As multiple bidders, including high-profile investors, navigate a complex and fluid process, the deal faces significant hurdles, including Beijing's influence and the looming threat of TikTok’s U.S. shutdown if a deal isn't finalized by April 5. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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The tug-of-war over safety and free speech.

Thu, 13 Mar 2025 05:00:00 -0000

This week on Caveat, Dave and Ben welcome back N2K’s own Ethan Cook for the third installment of our newest policy deep dive segment. As a trusted expert in law, privacy, and surveillance, Ethan is joining the show regularly to provide in-depth analysis on the latest policy developments shaping the cybersecurity and legal landscape.

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.

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Policy Deep Dive

In this Caveat Policy Deep Dive, we turn our focus to online safety for children. The discussion highlights legislative efforts such as the Kids Online Safety Act (KOSA) and COPPA 2.0, which aim to strengthen protections for minors online but face criticism over free speech concerns and potential government overreach. Despite bipartisan support, these bills have stalled in Congress, prompting states like Florida, California, and Utah to implement their own child safety laws. The episode examines the challenges of enforcement, the impact of state-led initiatives, and the ongoing debate over balancing child protection with digital rights.

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This week’s Caveat Briefing covers the story of the ongoing debate over online child safety, focusing on stalled federal bills like KOSA and COPPA 2.0, concerns over free speech and enforcement, and how states are stepping in with their own regulations. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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The path forward for mergers and monopolies.

Thu, 06 Mar 2025 06:00:00 -0000

Please enjoy this encore episode of Caveat.

This week on the show, Dave and Ben are excited to welcome N2K's very own Ethan Cook, a trusted policy expert, who will be joining regularly for a new segment. Starting this month, Ethan will be contributing every second week to dive deep into the world of law, privacy, surveillance, and more, offering insightful analysis on the latest policy stories.

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.

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Links to the stories:

US state-by-state AI legislation snapshot

Policy Deep Dive

In this Caveat Policy Deep Dive, our conversation and analysis revolves around antitrust policy. Throughout this conversation, we break down what the current antitrust landscape is and how this landscape may change as the incoming administration takes over. Some key aspects focused on during this conversation center on some of the key antitrust cases currently being pursued, such as the landmark Google antitrust case, and how the Trump administration may utilize, revise, or remove Biden's antitrust policies, as with the 2023 merger guidelines.

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This week’s Caveat Briefing covers the story of the U.S. has announcing new regulations restricting the global flow of AI chips, aimed at maintaining its leadership in AI while limiting access to China, Russia, Iran, and North Korea. The rules impose export quotas on about 120 countries, with exemptions for key allies like Japan and the Netherlands, while setting stringent conditions for major cloud service providers to build data centers abroad. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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TikTok’s last dance?

Thu, 27 Feb 2025 06:00:00 -0000

This week, we are joined by Adam Marré, Arctic Wolf CISO, who is talking about banning TikTok and increasing regulations for social media companies. Ben has an update on the fate of Apple’s end-to-end encryption in the UK, as well as the story of a lawsuit against DOGE for getting unauthorized access to personal data. Dave looks at a call from congress members for input on privacy 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.

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This week’s Caveat Briefing covers the story of Apple removing its Advanced Data Protection feature in Britain after the government secretly demanded a backdoor for law enforcement access, following amendments to the Investigatory Powers Act. The move reverses Apple's encryption expansion and reignites the debate over user privacy versus government surveillance, echoing past clashes with authorities over data access. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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A HIPAA shake-up?

Thu, 20 Feb 2025 06:00:00 -0000

This week, we are joined by Donna Grindle, CEO at Kardon, sharing her insights on HIPAA and possible changes for 2025. Ben has the story of a new frontier in the encryption wars coming from the UK. Dave looks at the latest spree of firings from DOGE.

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.

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This week’s Caveat Briefing covers the story of EU competition chief Teresa Ribera criticizing U.S. President Donald Trump for destabilizing transatlantic relations and pushing unpredictable trade policies. She reaffirmed the EU’s commitment to stability, democracy, and regulatory independence while confirming upcoming decisions on Apple and Meta under the Digital Markets Act. The briefing also examines the broader trade tensions, including Trump’s tariffs and the EU’s pledge to respond firmly. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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The AI policy divide.

Thu, 13 Feb 2025 06:00:00 -0000

This week on Caveat, Dave and Ben are thrilled to welcome back N2K’s own Ethan Cook for the second installment of our newest policy deep dive segment. As a trusted expert in law, privacy, and surveillance, Ethan is joining the show regularly to provide in-depth analysis on the latest policy developments shaping the cybersecurity and legal landscape.

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.

Please take a moment to fill out an audience survey! Let us know how we are doing!

Policy Deep Dive

In this Caveat Policy Deep Dive, we turn our focus to the evolving landscape of artificial intelligence (AI) policy. This month, the Caveat team delves into the key issues shaping political discourse around AI, exploring state-led initiatives, the lack of significant federal action, and the critical areas that still require stronger oversight, offering an in-depth analysis of AI legislation, the varied approaches across states, and the pressing challenges that demand federal attention.

Get the weekly Caveat Briefing delivered to your inbox.

This week’s Caveat Briefing covers the story of the Paris AI summit, where French President Emmanuel Macron and EU digital chief Henna Virkkunen announced plans to reduce regulatory barriers to support AI innovation. The summit highlighted the growing pressure on Europe to adopt a lighter regulatory touch in order to remain competitive with the U.S. and China, while also addressing concerns about potential risks and the impact on workers as AI continues to evolve. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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The future of software security standards.

Thu, 06 Feb 2025 06:00:00 -0000

This week, we are joined by Jeff Williams, former Global Chairman of OWASP and Founder and CTO of Contrast Security, who is discussing what could happen to "Secure by Design" in the next administration and how to secure software through regs. Ben has the story of Elon Musk’s and DOGE’s incursion into federal databases. Dave's got the story of a man who was wrongly convicted of identity theft.

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.

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This week’s Caveat Briefing covers the story of the Department of Justice (DOJ) suing to block Hewlett Packard Enterprise's (HPE) $14 billion acquisition of Juniper Networks, arguing that the merger would reduce competition in the wireless networking industry. The DOJ claims Juniper has pressured rivals like HPE to lower prices and innovate, and consolidation would weaken these benefits, potentially harming industries reliant on wireless networks. HPE and Juniper dispute the DOJ’s claims, insisting the deal would enhance competition and improve networking infrastructure. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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Where are we going with warrantless searches?

Thu, 30 Jan 2025 06:00:00 -0000

This week, we are joined by Max Shier, Optiv's CISO, to discuss the newly-released CMMC 2.0, Cybersecurity Maturity Model Certification, and how to ensure compliance. Ben discusses a federal court’s decision holding warrantless queries of the Section 702 database unconstitutional. Dave looks at a murder case in Cleveland that’s been derailed by the prosecution’s use of AI.

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.

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This week’s Caveat Briefing covers the story of President Trump revoking a 2023 executive order by Joe Biden that mandated AI developers to share safety test results for high-risk systems with the U.S. government before public release, citing it as a hindrance to innovation. While Biden’s order aimed to address national security and public safety risks associated with AI, Trump left intact a separate Biden order supporting energy needs for AI data centers. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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Breaking the SaaS paradigm.

Thu, 23 Jan 2025 06:00:00 -0000

This week, we are joined by Shiva Nathan, Founder & CEO of Onymos, talking about why data privacy is a critical priority for companies, yet a major challenge for them. Ben and Dave look at some of the early actions of the Trump administration and what they portend for the future.

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.

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Links to the stories:

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Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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The path forward for mergers and monopolies.

Thu, 16 Jan 2025 06:00:00 -0000

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.

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Links to the stories:

US state-by-state AI legislation snapshot

Policy Deep Dive

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Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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Cybersecurity’s role in safeguarding leadership.

Thu, 09 Jan 2025 06:00:00 -0000

Caleb Barlow is joining Ben and Dave to discuss executive protection and the intersection with cybersecurity. They dive into the recent killing of UnitedHealthcare CEO Brian Thompson, and how it has alarmed corporate America, prompting companies to reassess security measures and protect executives amid concerns of copycat attacks. Security firms report a surge in requests for protection, as experts warn of increased risks tied to public outrage over "corporate greed" and the attention the crime has generated. While many firms are investing in extensive security measures, the costs and logistical challenges are significant, leaving smaller companies and less prominent executives particularly vulnerable.

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.

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Fear in the C-Suite after UnitedHealthcare CEO gunned down

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This week’s Caveat Briefing covers the story of the U.S. Court of Appeals' striking down of the FCC's net neutrality rules, ending a nearly two-decade battle over regulating broadband providers as utilities. The court ruled that the FCC lacked authority to reinstate these rules, citing a recent Supreme Court decision, Loper Bright, which limits agency powers. While the decision concludes a contentious chapter in tech policy, it leaves state-level net neutrality laws intact and signals a potential call for federal legislative action. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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High-tech tales of Law and Order.

Thu, 02 Jan 2025 06:00:00 -0000

Please enjoy this encore episode of Caveat.

This week Dave shares a story on new documents revealing Jacobs Technology's role in equipping local law enforcement with advanced cell-site simulators (CSS), and discreetly integrating it into vehicles like the Chevrolet Silverado. Ben shares the story of a bipartisan effort to penalize platforms for hosting harmful deepfakes.

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.

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Caveat Briefing

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Navigating laws for civilian cyber corps.

Thu, 26 Dec 2024 06:00:00 -0000

Please enjoy this encore episode of Caveat.

Michael Razeeq, 2024 New America #SharetheMicinCyber Fellow, is discussing his research on the ways that laws governing civilian cyber corps (C3s) in states like Maryland, Michigan, Ohio, and others can help or hinder those organizations. Ben covers the groundbreaking anti-trust Court decision against Google. Dave looks at a new bill that would elevate ransomware to a terrorist threat.

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.

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The year AI regulation hits the U.S.

Thu, 19 Dec 2024 06:00:00 -0000

This week, we are joined by Casey Bleeker, CEO of SurePath AI, who is speaking with Ben Yelin on how AI/GenAI regulation could roll out in the US in 2025. Ben's story focuses on a Texas mother, after suing Character.ai after discovering that AI chatbots encouraged her son, who has autism, to self-harm and even suggested violence against his parents, sparking concerns over the safety of AI companions for children. Dave's story is on the Biden administration taking action in response to China’s incursions into U.S. telecoms.

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.

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This week’s Caveat Briefing covers the story of how the European Commission has launched formal proceedings against TikTok over its alleged failure to prevent election interference, particularly during Romania's presidential vote in November. The investigation will examine TikTok's political advertising policies, content recommendation systems, and potential manipulation risks, with no set deadline for completion. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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Living in the shadow of AI borders.

Thu, 12 Dec 2024 06:00:00 -0000

This week we are joined by Petra Molnar, Harvard faculty associate, lawyer and author of the newly released book "The Walls Have Eyes: Surviving Migration in the Age of Artificial Intelligence," sharing how Big Tech and AI will enable Trump's immigration policies. Ben has an update on the effort to ban TikTok in the United States. Dave's got the story of the NYPD using city-wide surveillance to help catch the United Health Care CEO killer.

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.

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This week’s Caveat Briefing covers the story of how a federal appeals court upheld a law requiring TikTok’s Chinese parent company, ByteDance, to sell the app or face a U.S. ban by January 19, 2025, citing national security concerns. TikTok, arguing the law violates First Amendment rights, plans to appeal to the Supreme Court amid ongoing debates over censorship, free speech, and foreign influence. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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The intersection of gender, control, and harm.

Thu, 05 Dec 2024 06:00:00 -0000

This week, we are joined by Pavlina Pavlova, 2024 New America #SharetheMicinCyber Fellow and Cybercrime Expert at the UN Office on Drugs and Crime (UNODC), and she is discussing her research calling for a shift in the tech conversation to address gender-specific harms and promote safer, more inclusive digital environments. Ben has the story of the Consumer Financial Protection Bureau trying to cut down on predatory data brokers. Dave's got the story of the FTC’s New Rule on Fake Consumer Reviews and Testimonials.

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.

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This week’s Caveat Briefing covers the story of NATO enhancing intelligence sharing and infrastructure protection in response to increasing sabotage, cyberattacks, and hybrid threats from Russia and China. A new strategy to counter these threats, including political interference and infrastructure sabotage, is being developed, though NATO members remain divided on how to publicly address suspected attacks. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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The next frontier in national security.

Thu, 28 Nov 2024 06:00:00 -0000

This week, we are joined by US Congressional candidate from Oklahoma, Madison Horn, who is speaking with Ben Yelin about national security and cyberwarfare. Ben's story has an update on TikTok’s lawsuit against the federal government. Dave looks at the latest ruling on privacy rights at the border.

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Can regulations keep up with rapid innovation?

Thu, 21 Nov 2024 06:00:00 -0000

This week, Danny Allan, Snyk's CTO, discusses how AI regulations are influencing both the security of AI tools and the broader software ecosystem and the emphasis on compliance with security standards. This comes on the heels of a recent report which found that the majority of security leaders have begun contemplating banning the use of AI in coding due its security risks. Ben dives into policy changes we might expect from the next FCC chairman. Dave's got the story of a school shut down over deepfake nudes.

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This week’s Caveat Briefing covers the story of Chinese President Xi Jinping meeting with outgoing U.S. President Joe Biden at the APEC summit in Peru, discussing key issues like Taiwan, cybercrime, and trade while emphasizing China's desire for stable U.S.-China relations as Donald Trump prepares to assume office. Both leaders highlighted the importance of managing differences, though tensions remain over Taiwan, military provocations, and U.S. trade restrictions on Chinese technology. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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Reactions to the presidential election.

Thu, 14 Nov 2024 06:00:00 -0000

On today’s show, Ben and Dave share their reactions to the presidential election and what we might expect moving forward into a second term with President Trump. And later in the show, Dave has a conversation Sarah Hutchins, Partner at Parker Poe, to talk about the growing number of state data privacy laws, litigation trends related to targeted advertising and wiretapping, and key takeaways for companies on cybersecurity practices and risk reporting.

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.

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A new tune for privacy.

Thu, 07 Nov 2024 06:00:00 -0000

This week, we are joined by Brad Auerbach from Outside GC, who is talking about their research on "Trailblazing Tennessee Legislation – the ELVIS Act." Ben has the story of parents suing over a bad grade their kid got after using AI. Dave looks at bias in AI evaluations of resumés.

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.

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This week’s Caveat Briefing covers the story of how Chinese researchers have repurposed Meta's open-source Llama AI model for military applications. The researchers, linked to China's People's Liberation Army, developed "ChatBIT," an AI tool fine-tuned for military intelligence, outperforming some models similar to OpenAI's ChatGPT-4. Despite Meta's restrictions against military use, the PLA's efforts raise concerns about the global implications of open-source AI availability and U.S. national security. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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Cyber momentum in motion.

Thu, 31 Oct 2024 05:00:00 -0000

This week, we are joined by Joseph Jarnecki from RUSI, who is talking about their work on "What Next for the UK–Japan Cyber Partnership?" Ben takes a deep dive into the particulars of a cell phone search warrant and seizure. While Dave looks at a lawsuit challenging online surveillance.

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.

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This week’s Caveat Briefing covers how Chinese hackers allegedly targeted the phones of Republican presidential nominee Donald Trump and running mate Sen. JD Vance, along with other high-ranking U.S. officials, as part of a broad espionage campaign compromising multiple telecommunications providers. The FBI and CISA are investigating, with concerns over potential data leaks, including sensitive communications and location data, which highlights ongoing risks of foreign surveillance on U.S. infrastructure. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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The Golden State's AI gamble.

Thu, 24 Oct 2024 05:00:00 -0000

This week, Ben Yelin is joined by Eoin Hinchy, Tines Co-Founder and CEO, sharing his perspective about straddling EU and US regulations as the AI guardrail conversation boils over. Ben's story looks into the doctrine of preemption and how it might impact efforts to regulate data privacy. While Dave look's at a major grocery chain getting pushback on its facial recognition program.

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.

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This week’s Caveat Briefing covers how the U.S. Justice Department has proposed new rules to prevent foreign adversaries like China, Russia, and Iran from accessing sensitive American data, including genomic, health, and financial information, through business transactions. These regulations, part of an executive order by President Biden, would restrict the transfer of data to "countries of concern" and impose penalties for non-compliance, with specific limits on the types and amounts of data that can be shared. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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The FOCAL approach for federal agencies.

Thu, 17 Oct 2024 05:00:00 -0000

Katie Bowen, VP & GM Global Public Sector and Defense at Synack is sharing her thoughts on CISA's new guidance on Federal Civilian Executive Branch (FCEB) Operational Cybersecurity Alignment (FOCAL) Plan & federal vulnerability management practices. Ben does a deep dive into one of the biggest misconceptions about the First Amendment. Dave looks at the fallout from an alleged Chinese hack of a US telecom surveillance program.

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.

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This week’s Caveat Briefing covers the growing collaboration between Russia, China, and Iran with criminal networks for cyberespionage and hacking against the U.S. Microsoft’s report highlights instances where these state-sponsored activities blur the lines with criminal motives, raising concerns among national security officials as adversaries leverage cybercriminals for enhanced cyber capabilities. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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A nice-to-have turns into a must-have.

Thu, 10 Oct 2024 05:00:00 -0000

Josh Rosenzweig, Senior Director of AI & Innovation at Morgan Lewis, joins to discuss tackling security and compliance in the age of genAI. Ben has the story of California Governor Gavin Newsom vetoing a bill that would have regulated artificial intelligence. Dave looks at a Virginia court shutting down the use of license plate readers.

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.

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This week’s Caveat Briefing covers the International Longshoremen’s Association (ILA) strike, which raises concerns about automation replacing jobs at U.S. ports. While the ILA fights to limit the introduction of new technologies, proponents argue that automation could enhance efficiency and safety, reflecting a broader conflict between labor and technological advancement across various industries. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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The Global Race for the 21st Century [Special Edition]

Thu, 03 Oct 2024 07:00:00 -0000

In this episode, Dmitri Alperovitch discusses his book World on the Brink: How America Can Beat China in the Race for the Twenty-First Century with host Ben Yelin. Alperovitch highlights the rising tensions between the U.S. and China, focusing on Taiwan as a critical flashpoint that could ignite a new Cold War. He shares insights on the strategies America must adopt to maintain its status as the world’s leading superpower while addressing the challenges posed by China. By examining both strengths and weaknesses, as well as providing a timely blueprint for navigating the complexities of global relations in the 21st century.

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Mythical beasts, real threats.

Thu, 26 Sep 2024 05:00:00 -0000

This week, we are joined by Jen Roberts and Nitansha Bansal, both Assistant Directors of the Cyber Statecraft Initiative, from the Atlantic Council, as they are sharing their report "Mythical Beasts and Where to Find Them: Mapping the Global Spyware Market and its Threats to National Security and Human Rights." Ben discusses new election-related deep fake laws coming out of California. Dave looks at an FTC report on social media platforms.

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.

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This week’s Caveat Briefing covers California Governor Gavin Newsom's recent signing of three AI-related bills aimed at preventing the misuse of sexually explicit deepfakes. These new laws target AI developers and social media platforms, establishing regulations to prevent irresponsible use of the technology, while larger discussions around broader AI regulation continue as Newsom considers a major AI regulation bill pending his decision by September 30. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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The race for the twenty-first century.

Thu, 19 Sep 2024 05:00:00 -0000

This week, we are joined by Dmitri Alperovitch, author and Chairman of Silverado Policy Accelerator, as he is talking with Ben Yelin about his book, "World on the Brink: How America Can Beat China in the Race for the Twenty-First Century." Ben reviews oral arguments in the TikTok case against the U.S. Government. Dave looks at the hunt for Stingrays at the DNC convention.

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.

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This week’s Caveat Briefing covers covers the FDIC's proposed rules for banks working with fintech companies, requiring the identification of beneficial owners and ensuring consumer access to funds after the Synapse Financial bankruptcy. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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Securing the final frontier.

Thu, 12 Sep 2024 05:00:00 -0000

This week, Shane Fry from RunSafe Security joins us to discuss his work supporting the space industry with cybersecurity, as the Spacecraft Cybersecurity Act, introduced by Congressmen Frost and Beyer, aims to require NASA-approved cybersecurity plans from manufacturers using federal funds, in response to increasing threats from China and Russia. Ben discusses the latest anti-trust case against Google. Dave looks at Las Vegas police refusing the NFL’s mandate for facial recognition security.

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.

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This week’s Caveat Briefing covers the launch of the first legally binding international AI treaty, designed to manage AI risks and promote responsible innovation while protecting human rights, with the treaty set to be signed by countries including EU members, the US, and Britain, though some critics raise concerns about its broad principles and exemptions. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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The battle between tech giants and legal systems.

Thu, 05 Sep 2024 05:00:00 -0000

This week, Ben delves into the escalating clash between Elon Musk and a Brazilian judge, centered around the contentious issue of content moderation on X/Twitter. Meanwhile, Dave explores a looming challenge to Section 230 immunity, which could redefine the legal landscape for online platforms.

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This week’s Caveat Briefing covers the UK Labour government's new AI strategy, which emphasizes cost-cutting and public sector adoption over direct industry investment. The approach includes scrapping previous funding plans and focusing on using AI to improve public services while facing criticism for potentially scaling back on innovation. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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Spreading false narratives.

Thu, 29 Aug 2024 05:00:00 -0000

Adam Darrah, Vice President of Intelligence at ZeroFox, is discussing how recent high-profile events have intensified the spread of false narratives and how the role of social media platforms may play in amplifying these issues, especially after the recent SCOTUS decision in Murthy vs. Missouri. Ben discusses the arrest of Telegram founder Pavel Durov in France. Dave looks at the possibility of police officers using AI to write police reports.

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This week’s Caveat Briefing covers the Department of Justice's lawsuit against RealPage, a property management software company, for allegedly using its pricing algorithm to facilitate unlawful coordination among landlords, raising rents, and limiting competition. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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Chevron Deference no more.

Thu, 22 Aug 2024 05:00:00 -0000

This week, Michael Listner joins us to discuss the Supreme Court's ruling in Loper Bright Enterprises v. Raimondo, which overturned Chevron Deference and now requires courts to independently review agency interpretations of ambiguous statutes. Ben discusses a new Appeals Court case holding that geofence warrants are unconstitutional. Dave looks at the democrat’s proposed platform on cyber.

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.

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This week’s Caveat Briefing features a significant story about the U.S. accusing Iran of cyber attacks and influence operations targeting presidential campaigns. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.

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The cost of identity.

Thu, 15 Aug 2024 05:00:00 -0000

On this special encore episode, we have Jeff Reich, Executive Director at the Identity Defined Security Alliance (IDSA), joins to discuss the cost of identity. Ben and Dave discuss some follow up regarding how an appeals court put a temporary hold on an unusual order restricting federal officials and the agencies they work for from communicating with social media companies about content on their platforms. Ben discusses a new legal challenge to Texas’ law banning TikTok on state-issued devices. Dave's got the story of tax preparation companies allegedly oversharing data with Meta.

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Navigating laws for civilian cyber corps.

Thu, 08 Aug 2024 05:00:00 -0000

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The next frontier in national security.

Thu, 01 Aug 2024 05:00:00 -0000

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Blue screens of death: A deep dive into the Microsoft CrowdStrike outage.

Thu, 25 Jul 2024 05:00:00 -0000

This week we are joined by Caleb Barlow to discuss the legal and policy implications of the CrowdStrike incident. Early last Friday, the Microsoft CrowdStrike outage began due to a faulty update to CrowdStrike's Falcon sensor software on Windows, leading to widespread "blue screens of death." The CrowdStrike IT outage has disrupted 8.5 million devices globally, causing major operational issues. In the US, Delta Air Lines canceled over 3,500 flights due to a crew tracking tool failure, offering waivers to affected customers.

You can learn more about the outage here.

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The startup leading AI security in the UK.

Thu, 18 Jul 2024 05:00:00 -0000

This week, we are joined by Dr. Peter Garraghan, CEO of Mindgard, as he is discussing UK's recently published AI security guidelines and the recommendations he made for addressing cyber security risks in AI. Dave is examining the troubling challenges of regulating deepfake porn. Ben looks at a brand new Appeals Court decision on geofencing.

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The cybersecurity prescription healthcare needs.

Thu, 11 Jul 2024 05:00:00 -0000

This week, we are joined by Errol Weiss, CSO of Health-ISAC, and he is discussing the current threat landscape in healthcare and their contributions to the Cyberspace Solarium Commission's healthcare report. Dave and Ben discuss the latest rulings from the US Supreme Court including how the ruling will likely have a sweeping effect on regulations, including cybersecurity rules, in every sector.

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Chevron Pattern Disrupted: The Impact on Cybersecurity Regulations

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Encore: Where oh where in the world is that information?

Thu, 04 Jul 2024 05:00:00 -0000

George Tziahanas from Archive360 is talking about what happens when the information is no longer in boxes but could be anywhere in the world. Ben has the story of a raid on an independent journalist who leaked unaired clips from Fox News. Dave's got the story of a DC court ruling that AI generated content is not eligible for copyright protection.

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High-tech tales of Law and Order.

Thu, 27 Jun 2024 05:00:00 -0000

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Encore: Laws, lawsuits, and privacy.

Thu, 20 Jun 2024 05:00:00 -0000

Dan Frechtling from Boltive sits down with Ben to discuss changes in health privacy, video privacy lawsuits, and children data laws. Ben's story looks at proposed legislation coming out of Massachusetts that could ban cell site location data. Dave's got the story of comedian and author Sarah Silverman suing OpenAI over copyright infringement.

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The end of an era.

Thu, 13 Jun 2024 05:00:00 -0000

Eric Goldstein, Executive Assistant Director for Cybersecurity at Cybersecurity and Infrastructure Security Agency, is sharing his thoughts on where cybersecurity has been and is going as he is leaving CISA. Ben has the story of Google laying off members of the team that reviews law enforcement data requests. Dave's got the story of teens using AI to undress their peers.

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Answering the cybersecurity call.

Thu, 06 Jun 2024 05:00:00 -0000

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.

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EFF takes on Texas' digital ID law.

Thu, 30 May 2024 05:00:00 -0000

This week, Ben discusses litigation related to a new online age verification law in Texas, and how it is causing uproar. Dave's got the story of congress perhaps being on their way to passing a federal privacy bill that got revamped and sailed through the House subcommittee.

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.

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Caveat Briefing

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A mission to fortify software supply chains.

Thu, 23 May 2024 05:00:00 -0000

Melissa Oh and Anil John from DHS' Science and Technology Directorate (S&T) join to discuss how they are working to advance software chain resiliency. Ben has the story of the FBI charging a Wisconsin man with the distribution of AI CSAM. Dave's got the story of the famous movie star, Scarlett Johansson and how she is at odds with Open AI.

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.

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Caveat Briefing

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The battle for trade secrets and national security.

Thu, 16 May 2024 05:00:00 -0000

Dave Hickton, Founding Director, Institute for Cyber Law, Policy, and Security at the University of Pittsburgh, and former US Attorney, is discussing the 10th Anniversary of the first indictment of Chinese PLA actors. Ben covers TikTok’s new lawsuit against the federal government. Dave's got the story of some Senators taking issue with facial recognition at airports.

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.

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Caveat Briefing

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Safeguarding against disinformation.

Thu, 09 May 2024 05:00:00 -0000

Barbara McQuade sits down to discuss her book "Attack from Within: How Disinformation is Sabotaging America," showing us how to identify the ways disinformation is seeping into all facets of our society and how we can fight against it. Ben discusses a fascinating case dealing with middleware and adversarial interoperability. Dave's got the story of a leak of Australian companies biometric 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.

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Caveat Briefing

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The building blocks of AI governance.

Thu, 02 May 2024 05:00:00 -0000

Cameron Kerry from the Brookings Institute is sharing their report entitled "Small Yards, Big Tents: How to Build Cooperation on Critical International Standards." Dave and Ben discuss AI-generated recording leading to criminal charges in Maryland based off of the interesting story of an ex-athletic director accused of framing his principal with AI and how he has been arrested at an airport with a gun. Dave's story is on a new bill that has been proposed to help safeguard against cybersecurity attacks at water companies.

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.

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Caveat Briefing

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Navigating cybersecurity's regulatory maze.

Thu, 25 Apr 2024 05:00:00 -0000

Igor Volovich, VP of Compliance Strategy at Qmulos, sits down to talk with Ben Yelin about the discourse around cybersecurity incidents and their implications under the newly adopted SEC disclosure rules. Ben and Dave discuss the controversial reauthorization of Section 702 of FISA, after Congress worked into early Saturday to reauthorize Section 702 of the Foreign Intelligence Surveillance Act for two more years.

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.

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Congress extends controversial warrantless surveillance law for two years

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Discussions revisited.

Thu, 18 Apr 2024 05:00:00 -0000

This week, Dave and Ben are joined by Robert Carolina, Senior Teaching Fellow, Information Security Group at Royal Holloway, University of London, and all three of them dive into discussing some of the subjects mentioned on the show in previous episodes, as Robert shares his thoughts on where Dave and Ben may have gone astray.

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.

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Caveat Briefing

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Is a department of space in the future?

Thu, 11 Apr 2024 05:00:00 -0000

Bryce Kennedy, President of the Association of Commercial Space Professionals (ACSP) joins to share his concept for a federal Department of Space. Ben and Dave sit down to discuss a possible breakthrough in online privacy at the Federal level, as well as discussing two new bills in Maryland that were just passed regarding privacy.

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.

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Caveat Briefing

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The ins and outs of being a good cyber lawyer.

Thu, 04 Apr 2024 05:00:00 -0000

Dave and Ben are joined by Caleb Barlow this week, and he shares his thought on what makes a good cyber lawyer, discussing about how this is rapidly becoming a different field and it brings in some very different 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.

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Caveat Briefing

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Inside the DOJ’s antitrust complaint against Apple.

Thu, 28 Mar 2024 05:00:00 -0000

For this week's show, Ben and Dave light up the bat signal, and discuss the multifaceted story regarding the recently announced antitrust case the US Department of Justice has launched against Apple, sharing an overview and implications of the case.

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.

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Understanding the DOJ’s Antitrust Complaint Against Apple

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The creating of a new American surveillance state.

Thu, 21 Mar 2024 05:00:00 -0000

Our guest this week is Byron Tau, an author who discusses his new book "MEANS OF CONTROL: How the Hidden Alliance of Tech and Government Is Creating a New American Surveillance State." Ben discusses Supreme Court oral arguments on a case relating to social media censorship. Dave's got the story of congress’ potential compromise on section 702.

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.

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Caveat Briefing

And be sure to join us for our live webinar: CISOs are the new Architects (of the Workforce)

Join N2K’s Simone Petrella and Intuit’s Kim Jones on Wednesday, March 27th for an online discussion about the pivotal role security leaders play in shaping the security workforce landscape, and how we can start showing up for the future of our industry. Learn more and register on the event page.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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China's harmonious counterplay to US hacking accusations.

Thu, 14 Mar 2024 05:00:00 -0000

Dakota Cary from SentinelLabs joins us this week to discuss "China’s Cyber Revenge | Why the PRC Fails to Back Its Claims of Western Espionage." Ben has the latest story on a TikTok bill making its way through Congress. Dave's got the EFF’s brief to the 9th circuit court on software copyright limits.

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.

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Caveat Briefing

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A breakdown of the latest on the Maritime Executive Order.

Thu, 07 Mar 2024 06:00:00 -0000

Liz Martin from Dragos and Blake Benson from ABS Group are joining to talk through the latest Maritime Executive Order. Ben discusses an EU court decision on encryption. Dave's got the story of the FBI using mobile device push notifications to track down bad guys.

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.

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Caveat Briefing

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Election defense 2024.

Thu, 29 Feb 2024 06:00:00 -0000

Scott Small, Director of Cyber Threat Intelligence at Tidal Cyber, joins to share a look at the cyber threats to the 2024 global elections. Ben and Dave both review Supreme Court oral arguments in two cases relating to state regulation of social media companies.

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 the stories:

Justices skeptical of Tex., Fla. laws that bar platforms from deleting content

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Decoding democracy: AI's role in privacy and elections.

Thu, 22 Feb 2024 06:00:00 -0000

Jasson Casey, CEO of Beyond Identity, joins to discuss international regulation, AI and elections. Ben has the story of Air Canada’s chatbot giving a customer fake information about a refund policy. Dave's got the story of AMC proposing a settlement after allegations they violated a law that goes back to the video rental store days.

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.

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Caveat Briefing

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AI and privacy concerns.

Thu, 15 Feb 2024 06:00:00 -0000

Harvey Jang, Vice President, Deputy General Counsel, and Chief Privacy Officer from Cisco, is sharing privacy concerns around Generative AI, trust challenges facing businesses and the attractive returns from privacy investment. Ben has the story of the FCC banning AI robocalls. Dave's got the story of efforts from the US to lead the way in global AI policy.

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.

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Caveat Briefing

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Looking to other countries when regulating AI.

Thu, 08 Feb 2024 06:00:00 -0000

Josh Harguess, AI Security Chief at Cranium, joins to talk about how the US compares with other regions of the world looking to regulate AI. Ben has the story of the NSA purchasing domestic internet data. Dave's got the story of an interesting pivot from Texas and Florida on their upcoming content moderation case in the Supreme Court.

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.

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Caveat Briefing

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Encore: Cybersecurity and SMEs.

Thu, 01 Feb 2024 06:00:00 -0000

This week, Ben speaks with Melanie Teplinsky, Senior Fellow at American University's Washington College of Law to discuss cybersecurity for innovative small and medium sized enterprises (SMEs). Ben and Dave both share thoughts and discuss what happened at the much anticipated Supreme Court oral arguments for Gonzalez v. Google, a major Section 230 case.

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.

Have the Justices Gotten Cold Feet About ‘Breaking the Internet’?

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Guarding the ballot box.

Thu, 25 Jan 2024 06:00:00 -0000

Padraic O'Reilly from CyberSaint sits down to discuss privacy and mitigating election security cyber risk. Ben discusses an important case in administrative law that may have profound effects on the tech industry. Dave's got the story of an alleged wrongful arrest based on facial recognition technology.

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.

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Caveat Briefing

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Two viewpoints on the National Cybersecurity Strategy. [Special Edition]

Sun, 21 Jan 2024 06:00:00 -0000

Earlier this month, the White House released the National Cybersecurity Strategy, the first issued since 2018. The strategy refocuses roles, responsibilities, and resource allocations in the digital ecosystem, with a five pillar approach. Those pillars are: defending critical infrastructure, disrupting threat actors, shaping market forces to drive security and resilience, investing in a resilient future, and forging international partnerships.

We wanted to delve into the strategy and its intended effects further, so Dave Bittner spoke with representatives from industry and inside government. Dave first speaks with Adam Isles, Principal and Head of Cybersecurity Practice at The Chertoff Group, sharing industry's take on the strategy. Following that conversation, Dave had a discussion with Steve Kelly, Special Assistant to the President and Senior Director for Cybersecurity and Emerging Technology at the National Security Council, for a look at the strategy from inside the White House.

Links to resources:

Point of View: 2023 National Cybersecurity Strategy The Chertoff Group's blog
National Cybersecurity Strategy 2023

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Exploring the cosmic frontier: Unveiling the future of space law.

Thu, 18 Jan 2024 06:00:00 -0000

Bryce Kennedy, President of the Association of Commercial Space Professionals (ACSP), is sharing what is on horizon in space law. Bryce is also a space lawyer and a regular contributor to our T-Minus daily space podcast right here on the N2K podcast network.

You can hear more from the T-Minus space daily show here.

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.

Caveat Briefing

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Combatting the privacy pandemic.

Thu, 11 Jan 2024 06:00:00 -0000

Author Chris Smith is sharing his book, Privacy Pandemic: How Cybercriminals Determine Targets, Attack Identities, and Violate Privacy―and How Consumers, Companies, and Policymakers Can Fight Back. Dave's got word that the Federal Trade Commission is updating its Health Breach Notification Rule. Ben has the story of an upcoming court case relating to online video privacy.

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:

Caveat Briefing

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Swatting gets out of control.

Thu, 04 Jan 2024 06:00:00 -0000

Caleb Barlow from Cyberbit is talking with Dave Bittner and Ben Yelin about a swatting incident that got out of control after a Danvers police officer accidentally shot a gun on the floor of a private school.

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:

Caveat Briefing

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Encore: The U.S. and China's cyber relationship.

Thu, 28 Dec 2023 06:00:00 -0000

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.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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Having your CISOs back.

Thu, 21 Dec 2023 06:00:00 -0000

Paul Kurtz from Splunk is sharing the CISO/board perspective on the SEC cyber regulations that just went into effect. Ben has the story of Google moving to end geofence warrants. Dave has got the story of the ongoing debate on whether or not to pay the ransom.

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.

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Caveat Briefing

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Diversity driving success.

Thu, 14 Dec 2023 06:00:00 -0000

Larry Whiteside Jr. from RegScale and Cyversity is sharing ways increasing diversity can benefit boards, companies, and industries at large, as well as challenges with attracting and retaining cybersecurity talent. Ben has an update on the first geofence warrant case to make it to the Federal Court of Appeals. Dave's got a rundown of upcoming Supreme Court cases that may affect social media platforms.

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.

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Caveat Briefing

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North Korea's evolving cyber program.

Thu, 07 Dec 2023 06:00:00 -0000

Michael Barnhart from Mandiant sits down to talk about the evolution of North Korea's cyber program. Ben's story discusses a preliminary injunction against a Montana law banning TikTok. Dave's got the story of a college student frustrated with his lack of privacy on campus.

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.

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Caveat Briefing

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Critical challenges for critical infrastructure.

Thu, 30 Nov 2023 06:00:00 -0000

Nick Sanna of the FAIR Institute and Safe Security joins to discuss the challenges the White House faces in attempting to harmonize critical infrastructure regulations. Ben has the story of a warrantless phone records surveillance program that is tracking over a trillion U.S. phone records annually. Dave explains how reporters from Rolling Stone tracked visitors to Donald Trump’s Mar-a-lago.

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.

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Caveat Briefing

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Encore: Inside the largest data breaches in world history.

Thu, 23 Nov 2023 06:00:00 -0000

Andrew Hollister of LogRhythm joins Dave to discuss the Shanghai National Police data exposure incident, and how whether or not we will know the full details of one of the largest data breaches in world history. Ben's story discusses a groundbreaking Wisconsin court case relating to files stored in Dropbox, while Dave revisits the legality of AI generated code as a copyrights storm may be brewing.

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.

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Bolstering economic security.

Thu, 16 Nov 2023 06:00:00 -0000

This week, we are joined by Kathleen Hyde from Champlain College Online to discuss NCWES and its potential to scale up the cyber workforce and bolster economic security. Ben has an update on the reauthorization of Section 702 of the FISA Amendments Act. Dave's got the story of a Virginia game warden confiscating a trail camera without a warrant.

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.

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Caveat Briefing

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Transforming the cyber risk environment.

Thu, 09 Nov 2023 06:00:00 -0000

Scott Stransky from the Marsh McLennan Cyber Risk Analytics Center joins to discuss recent developments in ransomware, cybersecurity investment, cyber risk analysis, and how artificial intelligence will transform the cyber risk environment, particularly in the insurance industry. Ben's story discusses the new antitrust lawsuit against Google. Dave's got the story of California putting limits on license plate 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.

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Caveat Briefing

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AI all around.

Thu, 02 Nov 2023 05:00:00 -0000

David Brumley, a cybersecurity professor at Carnegie Mellon and CEO of software security firm, ForAllSecure, sits down to talk about the AI Executive Order that was recently signed. Ben's story reviews the outlines of a new Executive Order on AI. Dave's got one organization's attempts to look at data provenance in AI.

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.

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Caveat Briefing

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Privacy landscapes for children.

Thu, 26 Oct 2023 05:00:00 -0000

Cobun Zweifel-Keegan from International Association of Privacy Professionals (IAPP) sits down to talk about the children’s privacy landscape in the US and beyond. Ben's story discusses whether AI giants may soon have to worry about defamation lawsuits. Dave's got the story on FCC’s renewed interest in net neutrality.

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.

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Caveat Briefing

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Getting on track with DNS.

Thu, 19 Oct 2023 05:00:00 -0000

This week, we have Robert Carolina, General Counsel from Internet Systems Consortium joining Dave and Ben to discuss Quad9 DNS filter court case. Ben and Dave discuss an article from the International Red Cross looking at 8 rules for “civilian hackers” during war, and 4 obligations for states to restrain them.

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:

8 rules for “civilian hackers” during war, and 4 obligations for states to restrain them

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Issues in cybersecurity policy.

Thu, 12 Oct 2023 05:00:00 -0000

This week, Dave and Ben both sit down with Caleb Barlow, founder and CEO of Cylete, to ponder some challenging global policy issues together. Ben has the story of Amazon Alexa devices spreading election misinformation, specifically on the 2020 election. Dave's story is on the legal pushback against warrantless searching of peoples electronic devices at the US border.

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:

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.

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Encore: The relationship between organizations and their data.

Thu, 05 Oct 2023 05:00:00 -0000

Stephen Cavey, co-founder and chief evangelist from GroundLabs sits down with Dave to discuss the relationship between organizations and their data. Ben has the story of lawyers being denied entry to Madison Square Garden as the result of facial recognition software. Dave's got the story of some law professors worried about the new app sweeping the nation, ChatGPT.

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.

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Challenges in the cyber industry.

Thu, 28 Sep 2023 05:00:00 -0000

Simone Petrella sits down to talk with Monica Shokrai from Google at the mWISE 2023 Cybersecurity Conference about challenges in the industry from the company perspective, and what Google does with its own actuarial team to calculate it's own risk. Ben has the story of a TikTok account that targets ordinary people using advanced facial recognition technology. Dave's got the story of some of the information being publicly shared in the Google antitrust case.

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Make your mark CISOs.

Thu, 21 Sep 2023 05:00:00 -0000

This week, our guest is Karen Worstell from VMware to discuss how CISOs can make their mark with the new SEC rules. Ben's story discusses a Michigan case dealing with persistent unmanned aerial vehicle (drone) surveillance. Dave's got the story of a California judge blocking a law aimed at increasing the online safety for kids, by saying it violates the first amendment in the constitution.

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Europe leading the way on data privacy and data sharing.

Thu, 14 Sep 2023 05:00:00 -0000

Guest Rachael Ormiston of Osano discusses the US and EU's Data Privacy Framework with Ben. This week's stories include, Ben discussing an Appeals Court decision mostly reversing a District Court order that barred communication between federal officials and social media companies. Dave's got the story of policy makers putting the intelligence community on notice when it comes to warrantless wiretapping.

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Laws outpace compliance programs.

Thu, 07 Sep 2023 05:00:00 -0000

This week, our guests are Cinthia Motley and Sean Buckley from Dykema, who are discussing cybersecurity law and compliance with data collection. Ben has the story of a Federal Judge blocking an Arkansas law limiting minors’ access to social media. Dave's got the story of court-ordered blocking of websites at the Domain Name Service (DNS) level.

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Compliance can't wait.

Thu, 31 Aug 2023 05:00:00 -0000

Igor Volovich from Qmulos sits down with Dave to discuss how compliance can’t wait for the government to find alignment on security and risk. Ben shares the story of a Federal Judge dismissing a lawsuit from the Republican National Committee against Google. Dave's got an opinion piece from the New York Times making the case that social media platforms should provide algorithmic choice.

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Where oh where in the world is that information?

Thu, 24 Aug 2023 05:00:00 -0000

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ChatGPT: The ban chronicles.

Thu, 17 Aug 2023 05:00:00 -0000

Chris Denbigh-White from Next DLP sits down to reflect on with the EU banning ChatGPT and the U.S. looking to create rules around it, how will regulation likely land? This week, Ben discusses the police raid on a local Kansas newspaper, and its implications for digital privacy. Dave has got the story of the Supreme Court possibly taking on a social media moderation case and what that looks like.

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Encore: Follow the money along the blockchain.

Thu, 10 Aug 2023 05:00:00 -0000

Guest Alex Iftimie of Morrison Foerster to discuss how the Department of Justice seized nearly $500,000 in ransomware payments made to a North Korean hacking group that targeted U.S. medical providers. Dave and Ben have some follow-up about GitHub Copilot from listeners Micah and Steve. In his story, Ben explores the potential legal and policy issues surrounding the new AI chatbot, ChatGPT. Dave has a case which questions the legality of livestreaming the police.

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Roll out the red carpet for cyber regulations.

Thu, 03 Aug 2023 05:00:00 -0000

Valerie Abend, Global Cyber Strategy Lead from Accenture sits down to discuss the Securities and Exchange Commission’s recently announced cyber regulations. Ben shares the story of an interesting case concerning internet preservation law. Dave takes a look at an article from Lawfare that ponders the cybersecurity insurance market.

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A darkside to AI.

Thu, 27 Jul 2023 05:00:00 -0000

Ken Cox from Hostirian joins Dave to discuss the darkside of AI and how to safeguard your privacy. Ben has the story of a proposed law from Ted Cruz, regulating IoT devices, from an unlikely sponsor. Dave's got the story of a novel proposal to limit social media platforms to help control and diminish harmful content.

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The cost of identity.

Thu, 20 Jul 2023 05:00:00 -0000

Jeff Reich, Executive Director at the Identity Defined Security Alliance (IDSA), joins to discuss the cost of identity. Ben and Dave discuss some follow up regarding how an appeals court put a temporary hold on an unusual order restricting federal officials and the agencies they work for from communicating with social media companies about content on their platforms. Ben discusses a new legal challenge to Texas’ law banning TikTok on state-issued devices. Dave's got the story of tax preparation companies allegedly oversharing data with Meta.

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Laws, lawsuits, and privacy.

Thu, 13 Jul 2023 05:00:00 -0000

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To pay, or not to pay, that is the question.

Thu, 06 Jul 2023 05:00:00 -0000

Mark Lance from Guidepoint sits down to talk to Dave about ransomware policy, negotiations and payment impacts. This week, Ben looks at a surprising Federal District Court decision limiting Biden administration contacts with Big Tech companies. Dave's got the story of research questioning the veracity of AI detectors.

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Encore: Opening up from Congress's point of view.

Thu, 29 Jun 2023 05:00:00 -0000

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.

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The power of global networks.

Thu, 22 Jun 2023 05:00:00 -0000

Eric Wenger, Cisco's Senior Director, Technology Policy, Global Government Affairs, joins Dave to discuss the issue of global network resilience. Ben's story follows a Twitter thread that is looking at a new case involving cell phone searches at the border. Dave's got the story of the EU passing a draft law, intended to restrict and add transparency requirements to the use of artificial intelligence (AI) in the twenty-seven-member bloc.

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IT companies sweep in to aid Ukraine.

Thu, 15 Jun 2023 05:00:00 -0000

Dr. Bilyana Lilly sits down with Dave to discuss her co-authored paper for CyCon: "Business @ War: The IT Companies Helping to Defend Ukraine." This week, Ben's story follows the U.S. government declassifying a report on buying troves of data about United States citizens. Dave's story is on how and why deepfakes are entering into U.S. politics.

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GDPR turns 5.

Thu, 08 Jun 2023 05:00:00 -0000

This week, our guest is Larry Whiteside Jr., CISO from RegScale, who sits down with Dave to discuss GDPR on the occasion of its 5th anniversary. Ben talks about an appeals court decision in a "zombie case" that could have major ramifications for cybersecurity firms. Dave's got the story of a Texas judge who is none-too-happy with ChatGPT in his courtroom, unless checked out by a human.

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What would it take to change a law?

Thu, 01 Jun 2023 05:00:00 -0000

Caleb Barlow of Cylete sits down to talk with Dave and Ben about what cyber laws should change, and what it would potentially take to change some of these laws. Ben's story is regarding a massive fine being levied against Meta, the owner of Facebook, Instagram, and WhatsApp, among other products and services, for violation of European Union privacy laws. Dave's got the story of New York taking a stand on AI when it comes to hiring.

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It's a generations thing.

Thu, 25 May 2023 05:00:00 -0000

This week, our guest is Mathieu Gorge from Vigitrust joins to discuss generational attitudes toward privacy and how they will influence business in the future. Ben's got the story of the FBI misusing Section 702 authority to surveil Americans. Dave's got a recap of congressional testimony about AI security.

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A hand in crafting cybersecurity legislation.

Thu, 18 May 2023 05:00:00 -0000

This week our guest is Ben Yelin, and he and Dave both sit down to discuss some recent cybersecurity legislation that he had a hand in crafting. Ben talks about a case dealing with the timing of computer search warrants. Dave looks at copyright and Apple’s loss in court in an iOS case.

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Being on top of your data consent.

Thu, 11 May 2023 05:00:00 -0000

Mark Ailsworth from Opaque Systems joins Dave to discuss how if enterprises are not already on top of their own data consent and privacy mechanisms, they’re one critical step behind their competitors. Ben has the story of litigants arguing in court that real videos are Deep Fakes. Dave looks to Ben for better understanding of what the heck is going on with the Supreme Court.

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People are trying to claim real videos are deepfakes. The courts are not amused

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Your approach to efficient security compliance.

Thu, 04 May 2023 05:00:00 -0000

This week our guest is, Nick Means from Sym, he sits down with Dave to discuss how to build a compliance program without tanking your engineering velocity. Ben has the story of a Pennsylvania case on whether people have a reasonable expectation of privacy in Google searches. Dave's story takes a look at the notion of a “Defensive Search” exception to the Fourth Amendment.

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Encore: The Supreme Court's supreme security breach.

Thu, 27 Apr 2023 05:00:00 -0000

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.

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The U.S. Government and a cybersecurity budget.

Thu, 20 Apr 2023 05:00:00 -0000

This week, our guest Ilona Cohen from HackerOne sits down with Ben to discuss Biden's Cyber Strategy and National Budget allocations for cybersecurity. Ben has the story of a proposed Montana state law to ban the popular social media app TikTok. Dave's got the story of the FTC taking action against an Amazon merchant who is deceiving supplement consumers.

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Addressing National Cyber Strategy.

Thu, 13 Apr 2023 05:00:00 -0000

Danielle Jablanski from Nozomi Networks to joins Dave to discuss one year of Shields Up as it relates to the National Cyber Strategy and one year of the Ukraine conflict. Ben brings us the story of Immigration and Customs Enforcement using its authority to gather data from schools and medical clinics. Dave's got the story of ChatGPT’s lies and the Biden administration’s possible regulatory reaction.

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Insurable cyberattacks?

Thu, 06 Apr 2023 05:00:00 -0000

Lee Rossey, CTO from SimSpace, sits down with Dave to discuss "are cyber attacks still insurable?" following the World Economic Forum's Global Cybersecurity Outlook 2023 report. Ben discusses the RESTRICT Act, a bill making its way through Congress. Dave's got the story of the non-profit Future of Life Institute calling for a pause in generative AI experimentation.

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Measuring the competitive advantage of compliance.

Thu, 30 Mar 2023 05:00:00 -0000

Metin Kortak, CISO from Rhymetec, to discuss how to make compliance a competitive advantage. Ben shares news of a Biden Executive Order on commercial spyware after it may have been abused to spy on "autocracies — and some democracies." Dave took a look at export controls and whether they really make a difference when it comes to invasive software.

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The technology challenges of national archives regulations.

Thu, 23 Mar 2023 05:00:00 -0000

Guest Bill Tolson of Archive360 joined Dave Bittner to discuss the M-19-21 extension for document management and the technology shortcomings for moving forward. Ben Yelin shares a New York City court case about biometric surveillance at Amazon Go, its brick and mortar store chain. Dave looks at new and potential regulatory moves from a pair of government agencies.

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A blueprint of the CCPA.

Thu, 16 Mar 2023 05:00:00 -0000

Dr. Eric Cole from Theon Technology discussing how the rollout of The California Consumer Privacy Act (CCPA) could impact businesses, the latest developments, and what this means for future data breaches. Ben's story talks about a case of an overbroad warrant for Ring Doorbell data. Dave looks at software liability and whether it may see increased scrutiny from the Biden administration.

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Encore: The ever-evolving cybersecurity field.

Thu, 09 Mar 2023 06:00:00 -0000

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.

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Cybersecurity and SMEs.

Thu, 02 Mar 2023 06:00:00 -0000

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.

Have the Justices Gotten Cold Feet About ‘Breaking the Internet’?

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The stand up of U.S. Cyber Command.

Thu, 23 Feb 2023 06:00:00 -0000

Charlie Moore, who is a former Deputy Commander of U.S. Cyber Command is discussing the stand up of U.S. Cyber Command, the development of U.S. cyber policy, and the development of DoD Cyber Policy. Ben discusses a proposed California law that would restrict so-called “reverse warrants.” Dave's got a story on the ruling from the fourth circuit on the first amendment right to film police.

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Data privacy around the world.

Thu, 16 Feb 2023 06:00:00 -0000

Annick O'Brien, Global Data Privacy Lawyer at CybSafe sits down with Dave to discuss data privacy around the world, data minimization, GDPR and how tech companies are fighting against regulations. Ben's story talks about the debate around reauthorizing Section 702 of the FISA Amendments Act. Dave's story covers data brokers capitalizing on the recent boom in mental health and the online data associated with tele-health and therapy apps.

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Surveillance and the threat to press freedom.

Thu, 09 Feb 2023 06:00:00 -0000

Carrie DeCell, Senior Staff Attorney of Knight First Amendment Institute at Columbia University, sits down to discuss the threat malicious surveillance technology poses to press freedom around the world. Dave and Ben share some listener follow up from Steve, who writes in asking about the Google Algorithm case before the Supreme Court. Ben discusses the debate around the nationwide ban on TikTok. Dave has the story on encryption technology that may improve online privacy.

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Safely and securely moving to the cloud.

Thu, 02 Feb 2023 06:00:00 -0000

Willie Hicks, Federal Chief Technologist from Dynatrace, sits down to discuss accelerated adoption and use of secure cloud infrastructure and services by the federal government. Ben’s story is on a new academic paper on the terms of service documents provided by different internet providers, and whether they alter Fourth Amendment rights. Dave discusses the story of a recent federal court ruling on a section 230 case.

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Are there complications with digitizing healthcare?

Thu, 26 Jan 2023 06:00:00 -0000

This week, the CyberWire's UK Correspondent, Carole Theriault is discussing digitalization of healthcare with former BBC guru Rory Cellan Jones. Ben discusses a recent op-ed about the “danger of privacy at all costs” and response from critics. Dave's story is about the Supreme Court asking the Biden administration for input on social media laws in Florida and Texas.

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The relationship between organizations and their data.

Thu, 19 Jan 2023 06:00:00 -0000

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New year, new data privacy.

Thu, 12 Jan 2023 06:00:00 -0000

Chris Gray from Deepwatch joins Dave to discuss 2022's shifts, as well as expectations in 2023 for data privacy from an international regulation standpoint. Ben's story covers a Seattle Public School District lawsuit against big tech companies, including TikTok, YouTube, and Instagram. Dave's got the story of an AI avatar generator that just can’t seem to resist sexualizing Asian women.

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Inside the largest data breaches in world history.

Thu, 05 Jan 2023 06:00:00 -0000

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Encore: Do copyright laws threaten the open market?

Thu, 29 Dec 2022 06:00:00 -0000

Journalist Glyn Moody joins Ben to discuss his new book and specifically to focus on how copyright laws threaten the open market of ideas on the internet, and how the copyright world is throttling creativity in the digital realm. Ben shares a story on a new Executive Order from President Biden on surveillance and data sharing with the European Union. Dave's got the story of the consequences of a community banning ransomware payments.

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.

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Diversity, equity, and inclusion in the workplace.

Thu, 22 Dec 2022 06:00:00 -0000

Betsy Cooper, Director of the Aspen Tech Policy Hub sits down with Dave to discuss their recent research on diversity, equity, and inclusion in the workplace. Dave and Ben share some follow up on one previous episode on not being allowed to update OS on regulated medical devices. Ben shares the shocking story of Roombas, the self driving vacuum, and how they are taking private photos inside people’s houses. Dave looks at the possibility of the federal government providing a cyber insurance backstop.

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The promise of equal digital identity.

Thu, 15 Dec 2022 06:00:00 -0000

Ricardo Amper, the founder and CEO of Incode sits down with Dave to share his thoughts on the egalitarian promise of digital identity. Ben's story talks about about the State of Indiana taking legal action against TikTok after alleged security and child safety violations. Dave takes a look at the collapse of the FTX exchange and the arrest of its founder, Sam Bankman-Fried after the U.S. files charges.

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Follow the money along the blockchain.

Thu, 08 Dec 2022 06:00:00 -0000

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Patching healthcare cybersecurity risks.

Thu, 01 Dec 2022 06:00:00 -0000

Sam Heiney, Impero's VP of Products, sits down with Dave to discuss patching healthcare cybersecurity risks in the Internet of Medical Things. Ben discusses a lawsuit that takes aim at artificial intelligence technology that generates its own computer code. Dave's got the story of dozens of human rights and LGBTQ+ organizations writing to Congress in opposition of a Kids Online Safety Act.

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Privacy Briefing: Notes on the Ducktail information stealer. Increased VPN demand during the World Cup. [CW Pro]

Thu, 24 Nov 2022 21:00:00 -0000

Notes on the Ducktail information stealer. Increased VPN demand during the World Cup.

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Ensuring privacy is baked in every step of the way.

Thu, 17 Nov 2022 06:00:00 -0000

Chris Handman, Co-Founder & COO from TerraTrue, sits down with Dave to discuss how he works to transform legal teams into advocates and collaborators that can ensure privacy is baked in every step of the way. Ben shares the story of the how close the FBI potentially came to deploying spyware. Dave's got the story of Google’s nearly four hundred million dollar settlement over location privacy data.

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Security in elections.

Thu, 10 Nov 2022 06:00:00 -0000

Mike Hamilton Former CISO of Seattle and CISO at Critical Insight, sits down with Dave to talk about election security including ransomware, disinformation, natural disasters and online voting options. Ben's story follows an effort to keep Big Tech from taking over peoples cars and whose helping. Dave's got a look at facial recognition technology in Texas.

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Privacy Compliance and Culture.

Thu, 03 Nov 2022 05:00:00 -0000

Christina Montgomery, Vice President and Chief Privacy Officer at IBM, sits down with Ben to discuss “Privacy Compliance Is Cultural: The Need for Diverse & Inclusive Perspectives in Data Governance & Regulation.” Ben's story discusses a possible new “right to repair” law in New York state. Dave's story is about Twitter and how they have a new boss, as well as if this new boss has made the right decision.

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How is misinformation impacting people online?

Thu, 27 Oct 2022 05:00:00 -0000

Beth Goldberg, the Head of Research from Jigsaw sits down with Dave to discuss how misinformation could have an impact on people online. Ben shares the story of a harsh FTC order against Drizly, an alcohol delivery company, and its CEO for data privacy abuses. Dave brings us the story of how the DOJ is accusing 10 Chinese spies and government officials of ‘malign schemes.’

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The push back on cyber reporting regulations.

Thu, 20 Oct 2022 05:00:00 -0000

Bill Bernard, Managing Director of Solutions Architecture from Deepwatch, sits down with Dave to discuss industry pushback on cyber reporting regulations. Ben's story is focused on a novel court decision on geofence warrants in California. Dave's got the story of a $228 million judgment in the first biometrics privacy class action to go to trial in Illinois after a company called BNSF Railway Co. wrongfully collected employee fingerprints without proper consent.

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Do copyright laws threaten the open market?

Thu, 13 Oct 2022 05:00:00 -0000

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Should Safe Harbor laws be enacted country-wide?

Thu, 06 Oct 2022 05:00:00 -0000

Scott Holewinski from Arctic Wolf sits down with Dave to discuss how enacting country-wide Safe Harbor laws will promote more incident response self-reporting in the industry. Ben and Dave go over some listener follow up regarding the first amendment and profanity. Ben discusses the Supreme Court taking up section 230 of the communications decency act. Dave’s got the story of a judge in Buenos Aires declaring facial recognition software unconstitutional.

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Breaking down the Gramm-Leach-Bliley Act.

Thu, 29 Sep 2022 05:00:00 -0000

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.

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How will cybersecurity insurance change in the coming years?

Thu, 22 Sep 2022 05:00:00 -0000

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.

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Prioritizing data, security, and observability.

Thu, 15 Sep 2022 05:00:00 -0000

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.

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Edward Snowden and whistleblower ethics.

Thu, 08 Sep 2022 05:00:00 -0000

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.

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Twitter's data privacy battle.

Thu, 01 Sep 2022 05:00:00 -0000

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.

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Encore: Let's talk about Facebook's research.

Thu, 25 Aug 2022 05:00:00 -0000

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.

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The U.S. and China's cyber relationship.

Thu, 18 Aug 2022 05:00:00 -0000

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Is privacy included?

Thu, 11 Aug 2022 05:00:00 -0000

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.

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What would a federal privacy act mean for brands?

Thu, 04 Aug 2022 05:00:00 -0000

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.

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Ethically gaining and maintaining users.

Thu, 28 Jul 2022 05:00:00 -0000

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.

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The Supreme Court's supreme security breach.

Thu, 21 Jul 2022 05:00:00 -0000

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.

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Could new privacy police alter views on cybersecurity?

Thu, 14 Jul 2022 05:00:00 -0000

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.

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Is the American Innovation and Online Choice Act beneficial?

Thu, 07 Jul 2022 05:00:00 -0000

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.

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The future of cyber legislation.

Thu, 30 Jun 2022 05:00:00 -0000

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.

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What new major cyber regulatory changes are coming?

Thu, 23 Jun 2022 05:00:00 -0000

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.

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The strength of cybersecurity in America.

Thu, 16 Jun 2022 05:00:00 -0000

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.

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Encore: Pay the ransom anyway regardless of payment ban?

Thu, 09 Jun 2022 05:00:00 -0000

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.

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Cybersecurity and data protection at the forefront of legal disputes.

Thu, 02 Jun 2022 05:00:00 -0000

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.

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Reliving a scandal's past.

Thu, 26 May 2022 05:00:00 -0000

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.

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The ever-evolving cybersecurity field.

Thu, 19 May 2022 05:00:00 -0000

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Let's talk about data privacy compliance fatigue.

Thu, 12 May 2022 05:00:00 -0000

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.

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Modernizing healthcare regulation?

Thu, 05 May 2022 05:00:00 -0000

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.

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A new executive order on cybersecurity.

Thu, 28 Apr 2022 05:00:00 -0000

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.

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What's next in the new era of Cyber Disclosures?

Thu, 21 Apr 2022 05:00:00 -0000

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.

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Does security and identity go hand in hand?

Thu, 14 Apr 2022 05:00:00 -0000

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.

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Digging deeper into the civil fraud initiative.

Thu, 07 Apr 2022 05:00:00 -0000

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.

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Opening up from Congress's point of view.

Thu, 31 Mar 2022 05:00:00 -0000

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Why the EARN IT Act matters to you.

Thu, 24 Mar 2022 05:00:00 -0000

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.

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The reluctance to use offensive cyber tools.

Thu, 17 Mar 2022 05:00:00 -0000

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.

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The call for robust security in the broadband rollout.

Thu, 10 Mar 2022 06:00:00 -0000

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.

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Location data is the foundation of our modern economy.

Thu, 03 Mar 2022 05:00:00 -0000

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.

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The False Claims Act (FCA) as it relates to cybersecurity.

Thu, 24 Feb 2022 06:00:00 -0000

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.

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Balancing port security and protecting the supply chain.

Thu, 17 Feb 2022 06:00:00 -0000

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.

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Developer challenges in privacy preserving.

Thu, 10 Feb 2022 06:00:00 -0000

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.

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The shift toward corporate governance.

Thu, 03 Feb 2022 06:00:00 -0000

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.

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How the "Wild West" of open source could be in trouble.

Thu, 27 Jan 2022 06:00:00 -0000

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.

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Compliance regulation in the payment security world.

Thu, 20 Jan 2022 06:00:00 -0000

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.

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Will privacy and security reach equilibrium?

Thu, 13 Jan 2022 06:00:00 -0000

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.

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AI is transforming surveillance.

Thu, 06 Jan 2022 06:00:00 -0000

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.

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CyberWire Pro Privacy Briefing from 12/20/2021.

Thu, 30 Dec 2021 06:00:00 -0000

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.

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Considering policy on ransomware payments.

Thu, 23 Dec 2021 06:00:00 -0000

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.

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The rapidly changing landscape of cyber insurance.

Thu, 16 Dec 2021 06:00:00 -0000

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.

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Maximizing our power to do good online while minimizing risks.

Thu, 09 Dec 2021 06:00:00 -0000

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.

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Privacy is about power.

Thu, 02 Dec 2021 06:00:00 -0000

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.

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Misdirection and layering with a con in the middle. [Hacking Humans Goes to the Movies]

Thu, 25 Nov 2021 06:00:00 -0000

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"

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Facebook whistleblower testimony reveals gaps in legal system.

Thu, 18 Nov 2021 06:00:00 -0000

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.

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Let's go to the movies. [Hacking Humans Goes to the Movies]

Thu, 11 Nov 2021 06:00:00 -0000

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"

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Regulators are looking for easy solutions, but there are none.

Thu, 04 Nov 2021 05:00:00 -0000

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.

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There's some data: use it or keep it safe?

Thu, 28 Oct 2021 05:00:00 -0000

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.

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The Merman Borgnine Conjecture aka cybersecurity ethics.

Thu, 21 Oct 2021 05:00:00 -0000

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.

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Government agencies have different obligations on keeping data.

Thu, 14 Oct 2021 05:00:00 -0000

Guest Paul Robichaux of Quest Software joins Dave to talk about how government agencies can better protect citizen data, Ben has a story about the European Union considering a mandate for common chargers for all phones, and Dave's got the story an Uber driver in the UK getting locked out of his account because of facial recognition software.

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.

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Protecting local officials from doxxing and threats.

Thu, 07 Oct 2021 05:00:00 -0000

Guest Rob Shavell of DeleteMe talks with Dave Bittner about "how to protect local officials from doxxing and threats" amidst rising tensions over back-to-school policies, Ben's got the latest in FTC's antitrust case against Facebook, and Dave's story is about the Supreme Court considering disclosure of FISA court rulings.

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.

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Let's talk about Facebook's research.

Thu, 30 Sep 2021 05:00:00 -0000

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.

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Internet communications are the latest wiretapping class action trend.

Thu, 23 Sep 2021 05:00:00 -0000

Guest Paul Karlsgodt from Baker Hostetler joins Dave to discuss the latest class action trend – wiretapping claims for use of standard online tracking software, Ben shares the story of some of the big online players bowing to pressure from Russian authorities. and Dave's got the story of the Supreme Court hearing a case on state secrets and FBI surveillance.

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.

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Pay the ransom anyway regardless of payment ban?

Thu, 16 Sep 2021 05:00:00 -0000

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.

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Threading the needle on consumer privacy laws.

Thu, 09 Sep 2021 05:00:00 -0000

Guest Aaron Tantleff of Foley & Lardner’s Privacy, Security & Information Management Practice talks with Dave about how the Colorado privacy law differs from CCPA and how companies need to prepare, Ben has an update on Apple’s CSAM scanning plans, and Dave's got the details on Apple’s plans to integrate your official state ID into Apple Wallet.

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.

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Taking up the challenge of cyber citizenship.

Wed, 01 Sep 2021 05:00:00 -0000

Guests Peter Singer and Lisa Guernsey, co-authors of New America's "Teaching Cyber Citizenship: Bridging Education and National Security to Build Resilience to New Online Threats," join Dave to discuss their work, Ben shares the story of people in Afghanistan scrubbing their online presence. Dave's got the story of US government agencies’ plans to increase the use of facial recognition technology.

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.

Resources:

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Apple CSAM: well-intentioned, slippery slope.

Wed, 25 Aug 2021 05:00:00 -0000

Guest David Derigiotis, Corporate Senior Vice President at Burns & Wilcox, joins Dave and Ben for an in-depth discussion this episode. Departing from our usual format, we take a closer look at the implications of Apple’s recent announcements that they will be enabling scanning for Child Sexual Abuse Materials, CSAM, on iOS devices. We devote the entire episode to this topic and hope you will join us.

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.

Resources:

New York Times article: Are Apple’s Tools Against Child Abuse Bad for Your Privacy?
YouTube video: An Update on Apple's CSAM Scanning Plans
Accidental Tech Podcast: Episode 443 :A Storm of Asterisks

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Getting tough with the adversary.

Wed, 18 Aug 2021 05:00:00 -0000

Guest Jamil Jaffer from IronNet Cybersecurity joins Dave to share some of the key takeaways from President Biden’s Executive Order on cybersecurity, Ben looks at legislation aiming to better protect youngsters online. Dave shares an outline from the folks at Lawfare for more responsible offensive cyber security.

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.

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Convergence of government and private sector in national security.

Wed, 11 Aug 2021 05:00:00 -0000

Guest Luke Tenery, Partner at StoneTurn, joins Dave to discuss the recent confirmation of Jen Easterly as director of US Cybersecurity and Infrastructure Security Agency, Ben looks at increased scepticism over the use of gunshot sensing technology, Dave digs into class action lawsuits on the heels of ransomware.

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.

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An important consumer protection law you may not know about.

Wed, 04 Aug 2021 05:00:00 -0000

Guest David Derigiotis of Burns & Wilcox joins Dave to discuss protections related to fraud provided by the Electronic Fund Transfer Act, Ben looks at an Appeals Court case on peer-to-peer file sharing and the Fourth Amendment, Dave discusses the FBI’s recent testimony before a Senate Judiciary Committee on whether or not to ban ransomware payments.

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.

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Hacking back from a policy perspective: a bad idea.

Wed, 28 Jul 2021 05:00:00 -0000

Guest Anup Ghosh, CEO of Fidelis Cybersecurity, joins Dave to share his views on the private sector hacking back, Ben digs in to the NSO Group Pegasus spyware controversy, Dave looks at a Catholic Priest being outed through deanonymized mobile device 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.

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Healthcare cyber insurance is no longer an option.

Wed, 21 Jul 2021 05:00:00 -0000

Guest Sumit Sehgal of Armis, and Boston Medical's former CISO, comes on the show to discuss the uptick in cyberattacks on healthcare institutions and why it is no longer an option not to have cyber insurance, Ben takes a closer look at a specially modified Android phone, and Dave discusses how the Trump Administration's Department of Justice got creative in trying to ferret out leakers of classified information.

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.

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Encore: A pandemic is a perfect environment for disinformation to thrive.

Wed, 14 Jul 2021 05:00:00 -0000

Ben looks at the US Supreme Court’s potential interpretations of the computer fraud and abuse act, Dave's got a report out of the UK on AI algorithm oversight, and later in the show, Dave's conversation with Nina Jankowicz, Disinformation Fellow from the Wilson Center on her book: How to Lose the Information War: Russia, Fake News, and the Future of Conflict.

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.

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Difficulties and biases of online proctored exams.

Wed, 07 Jul 2021 05:00:00 -0000

Guest Lauren Daming from Greensfelder, Hemker & Gale, P.C. joins Dave to discuss privacy issues, litigation and best practices concerning universities' use of remote proctoring platforms for exams, Ben shares some follow-up on the Baltimore spy plane, Ben's story examines an FTC memo addressing potential Facebook antitrust claims, Dave's got a story that looks at an Ohio law that could make videotaping the police a crime.

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 follow-up and stories:

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Can individual liberties keep up with technology?

Wed, 30 Jun 2021 05:00:00 -0000

Guest Andrew Hammond, historian and chief curator at the International Spy Museum joins Dave to talk about the battle of privacy vs freedom in real life and online, Ben has the story of an appeals court decision protecting big tech companies from responsibility for acts of terrorism, Dave looks at a French surveillance company whose executives may find themselves in hot water.

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.

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Federal standing in identity theft cases.

Wed, 23 Jun 2021 05:00:00 -0000

Guest Tiana Demas joins us from Cooley LLC to talk with Dave on the recent Second Circuit decision concerning identity theft, Ben unpacks the Trump administration’s gathering of metadata from members of Congress, and Dave's got the story of a judge pushing back on Google geofence warrant requests.

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.

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Private companies are not subject to the First Amendment.

Wed, 16 Jun 2021 05:00:00 -0000

Guest Robert Nelon a partner at the national law firm Hall Estill joins Dave to discuss Facebook’s decision to uphold their ban on former president Trump’s account, Ben reviews the Supreme Court’s decision on the Van Buren Case. Dave's got the story of a US state pushing Google to be classified as a public utility. Programming note: Dave and Ben recorded in studio!

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.

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Data privacy laws are failing.

Wed, 09 Jun 2021 04:00:00 -0000

Ben looks at new legislation restricting police use of DNA, Dave's got the story of the proposed algorithm transparency bill, and later in the show our conversation with Rita Garry from Robbins, Salomon & Patt on how data privacy laws are failing US consumers and businesses.

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.

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The normalization of data leaks.

Wed, 02 Jun 2021 05:00:00 -0000

Guest Chris Strand of IntSights joins Dave to talk about whether the "Normalization of Data Leaks" drives further need for federal data privacy regulation to combat complacency, Ben takes a look new legislation in Florida that would punish social media companies that suspend political candidates, Dave shares a story about Chicago’s predictive policing program.

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.

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To pay or not to pay? Ransomware negotiation.

Wed, 26 May 2021 05:00:00 -0000

Guest Leeann Nicolo is a ransomware negotiation expert from Coalition who joins Dave to discuss how they determine to pay out a ransomware gang, Ben takes a look at President Biden’s executive order on cyber security, Dave shares a story that has news of a bipartisan bill that would ban warrantless location data purchases.

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Many do not trust their banks and banking apps.

Wed, 19 May 2021 05:00:00 -0000

Guest Marijus Briedis joins us from NordVPN to discuss their 2021 Online Banking Privacy Trends survey, Ben discusses a key Appeals Court case on cell site location information tracking, Dave takes a look at the Biden administration’s broadband proposals and why it’s giving cable companies heartburn.

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Privacy sector shift under the Biden administration.

Wed, 12 May 2021 05:00:00 -0000

Our guest Caitlin Fennessy from International Association of Privacy Professionals (IAPP) joins Dave to discuss the shift in the privacy sector under the Biden administration, Ben shares he has been following the trial between Apple and Epic Games, Dave's got the story of a ruling that says SnapChat can be sued for their role in a fatal car crash, and Listener on the Line comes from Kevin about stolen encrypted data.

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Privacy as a competitive advantage.

Wed, 05 May 2021 05:00:00 -0000

Our guest Erez Yalon, senior director of security research at Checkmarx joins Dave to discuss Apple’s App Tracking Transparency policy, Ben describes how the FBI has been found violating some privacy laws, Dave has the story of Apple being sued over access to movies you buy online, and our Listener on the Line is Jonathan sharing updates on the ParkMobile breach and asking how companies be held to account for the loss of "basic data" when the harms that result can't be directly linked to the loss?

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Cyber insurance: still a work in progress.

Wed, 28 Apr 2021 05:00:00 -0000

Our guests this week are Paul Moura and David Navetta from Cooley who share their thoughts on the importance of cyber insurance with Dave, Ben has the story of a lawsuit from some WeChat users, and Dave wonders if the FTC is cracking down on AI.

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Impacts of the U.S.'s digital divide.

Wed, 21 Apr 2021 05:00:00 -0000

Grant Hosford, CEO of codeSpark on the impacts of U.S.'s digital divide, and what he believes local governments should do to ensure students have the tools they need to succeed in an increasingly online world, Ben has the story of the FBI reaching out and securing servers running unpatched versions of Microsoft Exchange, Dave shares how the 1st Circuit Court has upheld citizen’s right to secretly record police.

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Breaches are a near certainty.

Wed, 14 Apr 2021 05:00:00 -0000

Guest Dean Gonsowski of ActiveNav joins Dave to discuss data privacy legislation and data governance, Ben explains a Supreme Court Justice’s take on Section 230, and Dave's got the story from Wired that wonders about the online curation of our memories.

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Regulation of the Internet is evolving.

Wed, 07 Apr 2021 05:00:00 -0000

Guest Konstantinos Komaitis from the nonprofit Internet Society joins Dave to discuss the unintended consequences of uninformed online regulatory policies, Ben describes a class-action suit against Google alleging the sale of personal data, and Dave's got the story of a prison surveillance company keeping tabs on people outside the prison walls.

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HITECH Act: Pushing the healthcare industry toward electronic medical records.

Wed, 31 Mar 2021 05:00:00 -0000

Guest is Donna Grindle CEO at Kardon and cohost of the Help Me with HIPAA podcast joins us with an update to the HITECH Act, Ben takes a closer look at video surveillance and privacy issues being argued in front of the First Circuit Court, and Dave looks at Facebook’s spotty record when it comes to reigning in their algorithms.

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Virginia privacy law and what it means for you.

Wed, 24 Mar 2021 05:00:00 -0000

Guest is Heather Federman of BigID on the impact of Virginia's new Consumer Data Protection Act, Ben's story looks at potential reactions from the Biden White House to the SolarWinds hack, Dave's story shares the growing momentum behind a Google antitrust suit, and our Listener on the Line from the UK has some questions on the Instagram having the right to offer image embedding to other sites and if the copyright claim is relinquished once uploaded.

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Amazon Marketplace: You've got to be there.

Wed, 17 Mar 2021 05:00:00 -0000

Guest is author Jason Boyce on his book, "The Amazon Jungle," Ben Looks at cell phone data gathered during the January 6th Capitol riot. Dave has statements from Senator Ron Wyden to an online advertising trade association.

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Unregulated IoT devices: What could go wrong?

Wed, 10 Mar 2021 06:00:00 -0000

Guest Bob Ackerman from Allegis Cyber talks about the potential effect of Federal regulation on the IoT security space, Ben looks at Virginia’s new privacy legislation, and Dave digs into a study on engagement with far left and far right content on Facebook.

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Microtargeting as information warfare.

Wed, 03 Mar 2021 05:00:00 -0000

Guest Major Jess Dawson from Army Cyber Institute joins Dave to talk about microtargeting as information warfare, Ben's story looks at efforts to keep the government from tracking your location, and Dave has the story that wonders if gathering congress’ cell phone records is constitutional.

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Internet of Bodies (IoB) devices: technology is advancing much quicker than regulations can.

Wed, 24 Feb 2021 06:00:00 -0000

Guest Mary Lee from the Rand Corporation joins Dave to discuss the Internet of Bodies (IoB): Opportunities, Risks and Governance, Ben looks at a state tax on social media advertising, and Dave's got the story of members of congress working with the Biden administration on Section 230 reforms.

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Privacy has become almost a fundamental right.

Wed, 17 Feb 2021 06:00:00 -0000

Guest Ameesh Divatia from Baffle joins Dave to discuss whether it’s time for a national privacy referendum, Ben looks at a plan congressional democrats are cooking up for section 230 of the communications decency act. and Dave has the story of a clever technique police officers are using to prevent being live streamed.

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Covid's effects on medical privacy.

Wed, 10 Feb 2021 06:00:00 -0000

We have guest Jenna Waters from True Digital Security looking back at the last year of Covid and how that’s affected privacy, particularly in the medical field, Ben looks at a tool that can help determine if your image is part of a facial recognition library, and Dave has the story of law enforcement dodging public records rules through the use of encrypted messaging apps.

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The new US Administration should focus on these data privacy points.

Wed, 03 Feb 2021 06:00:00 -0000

We have guest Sophie Chase-Borthwick of Calligo joining us to discuss "The Top 3 Data Privacy Points the New U.S. Administration Must Focus On," Ben examines the ongoing online hunt for Capitol rioters, and Dave looks at the challenge of upholding free speech in the age of online digital platforms.

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The intersection of law, technology and risk.

Wed, 27 Jan 2021 06:00:00 -0000

On this week’s show Dave speaks with guest Andrew Burt from the Yale Information Society Project (ISP) on Digital Future Whitepaper Series first whitepaper, "Nowhere to Hide: Data, Cyberspace, and the Dangers of the Digital World," Ben looks at the shift to more secure messaging apps in the fallout of Parler going offline, and Dave has the story of the FTC cracking down on misuse of facial recognition software.

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The attempted insurrection, Congressional cybersecurity, and data ethics.

Wed, 20 Jan 2021 06:00:00 -0000

On this week’s show Dave speaks with guest Dr. Dennis Hirsch from the Ohio State University's Risk Institute on his research on data ethics, and we unpack the aftermath of the riot and attack on the US Capitol, and the security and privacy issues that have arisen as a result.

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.

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Diversity has to be part of the mission in cybersecurity.

Wed, 13 Jan 2021 06:00:00 -0000

On this week’s show, we've got Dave's conversation with David Forscey with the Aspen Institute on their new Cybersecurity Collaborative Network, Ben shares why we were late getting started recording Caveat for 2021, Ben's story covers the ongoing issues with facial recognition software, and Dave has the story of California upholding restrictions on Stingrays.

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Encore: Dressing for privacy.

Wed, 06 Jan 2021 06:00:00 -0000

Ben shares a story about dressing for privacy, Dave has the tale of location data putting an innocent man at the scene of a crime, and later in the show our interview with Admiral James Stavridis. He is the former Supreme Allied Commander of NATO.

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Encore: EU-US Privacy Shield invalidated.

Wed, 30 Dec 2020 06:01:00 -0000

Dave has a story about police foundations buying hacking tools for local law enforcement, Ben looks at California’s prop-24 fight over the future of privacy, Dave takes a look at the conclusions of a House report that many of tech’s biggest firms are enjoying unfair monopoly power, and later in the show our conversation with Travis Leblanc from Cooley on the European court Invalidating the EU-US Privacy Shield.

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.

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The Fight Over the Fight Over California’s Privacy Future

Apple, Google, Facebook and Amazon abused monopoly power, House report says

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Interim cybersecurity compliance rule prior to CMMC with some privacy thrown in.

Wed, 23 Dec 2020 06:00:00 -0000

Ben covers a privacy story of California dealing with Uber, Dave's got the story of the FTC demanding information from social media companies, Listener on the Line Mitch has a throwback to an older episode's use of "weasel words," and later in the show, Dave's conversation with Michelle Litteken from Morris, Manning & Martin, LLP on an unexpected cybersecurity compliance rule that is forcing government contractors to act quickly.

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We don't know what we need, until we do with facial recognition.

Wed, 16 Dec 2020 06:00:00 -0000

Ben looks at potential antitrust suits against Facebook, Dave looks at anti-hate speech laws in Germany that are serving as models for authoritarians around the world, our international LOTL asks about what the privacy of instant messaging platforms looks like in the US, and later in the show, Dave's conversation with Jennifer Strong, host of the new MIT Technology Review podcast, "In Machines We Trust."

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.

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A pandemic is a perfect environment for disinformation to thrive.

Wed, 09 Dec 2020 06:00:00 -0000

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.

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Defining digital sovereignty: there's no such place as cyberspace.

Wed, 02 Dec 2020 06:00:00 -0000

Ben has the story of Amazon allegedly spying on warehouse workers, Dave has an overview of how cyber policy may play out in a Biden Administration, and later in the show Dave's conversation with Robert Carolina. He is general counsel for the Internet Systems Consortium, and a senior visiting fellow in the Information Security Group at the University of London.

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Protecting the integrity of information and maintaining privacy.

Wed, 25 Nov 2020 06:00:00 -0000

Ben has an update on Baltimore’s spy plane, Dave wonders about the tension between free speech, disinformation and public health, and later in the show Dave's conversation with Laura Noren, NYU Visiting Professor of Data Science and VP of Privacy & Trust at Obsidian Security on who governs the cloud and what data protection regulations are actually enforceable.

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Playing into the hands of our adversaries.

Wed, 18 Nov 2020 06:00:00 -0000

Ben looks facial recognition technology being used on protesters, Dave's got the story of ICE and DHS buying up moment-by-moment mobile device location data, and later in the show Dave's conversation with Jamil Jaffer from IronNet Security.

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Elizabeth Wharton: Strong shoulders for someone else to stand on. [Legal] [Career Notes]

Wed, 11 Nov 2020 06:00:00 -0000

As we are not publishing in observance of Veterans Day, we thought you might like to check out an episode of our weekly Career Notes short form podcast that comes out on Sundays. Check it out and subscribe today!

Technology attorney and startup chief of staff Elizabeth Wharton shares her experiences and how she came to work with companies in technology. Elizabeth talks about how she always liked solving problems and Nancy Drew mysteries, but not litigation. These morphed finding into her home in the policy legal world and some time later, technology law. Elizabeth describes how she loves planning and strategy in her work and encourages others to ask questions and absorb all of the information. Our thanks to Elizabeth for sharing her story with us.

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IoT device risk: can legislation keep up?

Wed, 04 Nov 2020 06:00:00 -0000

Dave wonders if Facebook’s Mark Zuckerberg isn’t asking congress to throw him in the briar patch. Ben looks at the massive amount of data politicians gather on voters, our Listener on the Line came about when Dave was chatting with his pal Jason DeFillippo on Grumpy Old Geeks about facial recognition software, and later in the show, Dave has a conversation with Curtis Simpson, CISO at Armis, he shares his thoughts on some recent IoT legislative updates.

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.

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The Malware Mash!

Fri, 30 Oct 2020 05:00:00 -0000

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The tools have changed, but the tactics have remained basically the same.

Wed, 28 Oct 2020 05:00:00 -0000

Dave a story about the US Department of Justice bringing antitrust charges against Google, Ben looks at the increased use of phone cracking tools by law enforcement, and later in the show, Dave talks with Morgan Wright, chief security advisor at SentinelOne, former Senior Law Enforcement Advisor for the 2012 Republican National Convention and Senior Advisor in the US State Department Antiterrorism Assistance Program.

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.

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No fruit of the poisonous tree.

Wed, 21 Oct 2020 05:00:00 -0000

Ben looks at a case involving mobile device passwords and Miranda rights, Dave has a story about warrants for Google keyword searches. and later in the show Ben speaks with Ben Wright, Professor at SANS Institute on setting performance standards for security and associated liabilities.

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.

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EU-US Privacy Shield invalidated.

Wed, 14 Oct 2020 05:00:00 -0000

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 Fight Over the Fight Over California’s Privacy Future

Apple, Google, Facebook and Amazon abused monopoly power, House report says

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U.S. COVID-19 research efforts at risk.

Wed, 07 Oct 2020 05:00:00 -0000

Dave has a story about police foundations buying hacking tools for local law enforcement, Ben describes a judge’s reaction to the Trump administration's attempt to ban the TikTok app, and later in the show our conversation with Aaron Brantly, cybersecurity expert from Virginia Tech on cyber criminals putting U.S. COVID-19 research efforts at risk.

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:

Judge suggests Trump administration overreached in TikTok case

A Police Charity Bought an iPhone Hacking Tool and Gave it to Cops

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Generating more data with value we don't understand.

Wed, 30 Sep 2020 05:00:00 -0000

Dave has a story about websites tracking you every online move, Ben describes concerns over allegations that Homeland Security was tapping protester’s phone lines in Portland, and later in the show our conversation with Andrew Burt, visiting fellow at Yale Law’s information society project, former FBI policy advisor, and chief legal officer at Immuta on Google Geofencing.

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 Agencies Tapped Protesters’ Phones in Portland

The High Privacy Cost of a “Free” Website

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Technology that allows cops to track your phone.

Wed, 23 Sep 2020 05:00:00 -0000

Dave has an update on Baltimore’s spyplane, Ben describes concerns over violations by the FBI, CIA, NSA of FISA court rules, and later in the show our conversation with Kim Zetter on her recent article in The Intercept, titled “How Cops Can Secretly Track Your Phone.” It’s all about stingrays and dirtboxes, so stick around for that.

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.

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Elizabeth Goitein on Twitter

In appeals court, Baltimore surveillance plane suit gets a mixed reaction

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Your own data used against you.

Wed, 16 Sep 2020 05:00:00 -0000

Dave's has the story of adult websites and their reaction to deepfakes, Ben describes a ruling from the 9nth circuit court that has 4th amendment implications, and later in the show our conversation with Scott Giordano, VP and Sr. Counsel, Privacy and Compliance at Spirion on the surprising ways your data can be used against you, and how you can protect yourself and those who matter most.

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 v. Moalin - Ninth Circuit Opinion

Porn Sites Still Won’t Take Down Nonconsensual Deepfakes

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Privacy: once you give it away, it’s very hard to get back.

Wed, 09 Sep 2020 05:00:00 -0000

Dave looks at one state’s plan to provide internet to rural students, Ben describes a controversial move by California lawmakers to implement immunity passports, and later in the show our conversation with Matt Lewis and Jennifer Fernick, researchers for the NCC Group on 'Smart' Cities: Weighing the Benefits Against the Dangers.

Links to stories:

California: Tell Your Senators That Ill-Conceived “Immunity Passports” Won’t Help Us

Maryland has a plan to beam internet to rural students. But officials say it won’t be ready until next year.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

Thanks to our sponsor, KnowBe4.

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Understanding the right technical assistance model for your organization.

Wed, 02 Sep 2020 05:00:00 -0000

Dave reviews an essay from top US officials on persistent engagement as US cyber doctrine, Ben describes the potential implications of a ruling on geofencing, and later in the show our conversation with Sean Brooks, Director of the Center for Long-Term Cybersecurity’s Citizen Clinic program on his recent report, "Digital Safety Technical Assistance at Scale."

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:

Orin Kerr via Twitter

How to Compete in Cyberspace: Cyber Command’s New Approach

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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CCPA impact on businesses.

Wed, 26 Aug 2020 05:00:00 -0000

Dave describes how California is providing data - a lot of data - the private investigators, Ben explains how Miami police were using facial recognition software to identify protesters, and later in the show our conversation with Stephen Cavey, Ground Labs’ Co-Founder and Chief Evangelist on the CCPA 6-month grace period that ended on July 1st.

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:

Miami Police Used Facial Recognition Technology in Protester's Arrest

California DMV Is Selling Drivers' Data to Private Investigators

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

Thanks to our sponsor, KnowBe4.

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There is a trust gap.

Wed, 19 Aug 2020 05:00:00 -0000

Ben describes a lawsuit accusing Zoom of misrepresenting their encryption, Dave shares a new project from the EFF that hunts Stingrays, and later in the show, Dave speaks with Rande Price and Chris Pedigo from Digital Content Next, a trade association for digital publishers, about the challenges of aligning the data that websites and apps collect with what consumers expect.

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 Cybersecurity 202: Zoom sued by consumer group for misrepresenting its encryption protections

Stingrays can track your phone but were hard to detect. A new project changes that.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Need affects change.

Wed, 12 Aug 2020 05:00:00 -0000

Dave describes the business concerns of a company who makes their living scraping data, Ben explores the legal importance of being able to analyze source code, and later in the show Ben speaks with Professor Julia Lane, Professor at the NYU Wagner Graduate School of Public Service on her forthcoming book, Democratizing Our Data: A Manifesto.

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:

EFF and ACLU Tell Federal Court that Forensic Software Source Code Must Be Disclosed

This Billion Dollar Company Considers Privacy Laws a Threat to Its Business

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

Thanks to our sponsor, KnowBe4.

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The evolution of the internet.

Wed, 05 Aug 2020 05:00:00 -0000

Dave's got the story of the Google geofencing location requests coming under scrutiny, Ben describes how federal officers are using social media streams to track down protesters, and later in the show our conversation with Max Kirby from Publicis Groupe on the Evolution of the internet: how did we get to this point.

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 feds used a YouTube livestream to arrest a Portland protester

Police Requests for Google Users’ Location Histories Face New Scrutiny

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

Thanks to our sponsor, KnowBe4.

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Diversity in contact tracing.

Wed, 29 Jul 2020 05:00:00 -0000

Dave's got the story of the Department of Homeland Security authorizing the collection of information on protestors, Ben covers a European court ruling affecting Facebook, and later in the show our conversation with Elissa Redmiles, a Researcher in the Security & Privacy Group at Microsoft Research. We’ll be getting her take on the privacy concerns of the coronavirus apps.

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 court voids data-sharing pact with the U.S. in Facebook privacy case

DHS authorizes personnel to collect information on protesters it says threaten monuments

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

Thanks to our sponsor, KnowBe4.

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The power of the pen.

Wed, 22 Jul 2020 05:00:00 -0000

Dave's got the story of police using smart streetlights to investigate protesters, Ben has the story of major tech companies responding to China’s new Hong Kong security law, and later in the show our conversation with Scott Godes, partner with Barnes & Thornburg on how companies who are affected by data breaches should approach insurance recovery.

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 Secret Service Tried to Catch a Hacker With a Malware Booby-Trap

Police Are Buying Access to Hacked Website Data

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

Thanks to our sponsor, KnowBe4.

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Law takes time.

Wed, 15 Jul 2020 05:00:00 -0000

Dave's got the story of police using smart streetlights to investigate protesters, Ben has the story of major tech companies responding to China’s new Hong Kong security law, and later in the show our conversation with Hilary Wandall, SVP of Privacy Intelligence at TrustArc, on healthcare 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:

TikTok pulls out of Hong Kong as tech companies push back against new security law

Police Used Smart Streetlight Footage to Investigate Protesters

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

Thanks to our sponsor, KnowBe4.

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Huawei statements are not as strong as before.

Wed, 08 Jul 2020 05:00:00 -0000

Dave's got the story of a school district in hot water over facial recognition issues, Ben has the story of protesters being tracked via their mobile devices, and later in the show our conversation with Shannon Vavra with CyberScoop on her recent article, "Huawei execs admit they don't know whether their tech is used for surveillance."

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:

Almost 17,000 Protesters Had No Idea A Tech Company Was Tracing Their Location

Lockport school district will intervene in NYCLU lawsuit

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

Thanks to our sponsor, KnowBe4.

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Policy is a mess.

Wed, 01 Jul 2020 05:00:00 -0000

Dave's got the story of the IRS giving up on location data, Ben has the story of a man wrongfully arrested due to a facial recognition match, and later in the show our conversation with Fred Cate, Vice President for research at Indiana University and author of the book "Bulk Collection: Systematic Government Access to Private-Sector 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:

Wrongfully Accused by an Algorithm

IRS Used Cellphone Location Data to Try to Find Suspects

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

Thanks to our sponsor, KnowBe4.

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Code is law.

Wed, 24 Jun 2020 05:00:00 -0000

Dave's got the story of how the FBI used open source intelligence to track down an alleged arsonist, Ben describes a facial recognition test that took place at the Rose Bowl, and later in the show our conversation with Maureen Webb on her forthcoming book, Coding Democracy: How Hackers Are Disrupting Power, Surveillance, and Authoritarianism.

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:

30,000 Unsuspecting Rose Bowl Attendees Were Scooped Up in a Facial Recognition Test

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

Thanks to our sponsor, KnowBe4.

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Building public trust.

Wed, 17 Jun 2020 05:00:00 -0000

Dave's got the story of law enforcement using enhanced Stingray technology, Ben explains why IBM is no longer pursuing facial recognition technology, and later in the show our conversation with John Ackerly, CEO of Virtru Corporation. We’ll be discussing protecting our right to privacy in the midst of the COVID-19 pandemic.

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:

Agencies Spending Millions on 'Crossbow' Spy Tech, an Upgraded Stingray

IBM will no longer offer, develop, or research facial recognition technology

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

Thanks to our sponsor, KnowBe4.

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Cybersecurity at the global, national, and state levels.

Wed, 10 Jun 2020 05:00:00 -0000

Dave's got the story of a class action privacy suit targeting Google, Ben takes a look at surveillance in a time of protests and unrest, and later in the show our interview with Maryland State Senator Katie Fry Hester.

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:

America is awash in cameras, a double-edged sword for protesters and police

Suit Claims Google’s Tracking Violates Federal Wiretap Law

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

Thanks to our sponsor, KnowBe4.

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Pushing the CCPA.

Wed, 03 Jun 2020 05:00:00 -0000

Dave’s got the story of a judge ruling that powering up a mobile device requires a warrant, Ben takes a look at Twitter adjusting their policies in response to the President, and later in the show our conversation with Ken Dort, data privacy lawyer at Faegre Drinker on insights into the online data-privacy bills under consideration in New Jersey.

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:

Twitter Refutes Inaccuracies in Trump’s Tweets About Mail-In Voting

(Twitter) @realDonaldTrump: Republicans feel that Social Media Platforms totally silence conservatives voices...

Just turning your phone on qualifies as searching it, court rules

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Tech and cyber competition with China.

Wed, 27 May 2020 04:00:00 -0000

Dave describes how law enforcement may be using a new technique to access suspects’ iPhones, Ben takes a look at a Senate vote that may signal surveillance reform, and later in the show our conversation with Adam Segal, Senior Fellow at Council on Foreign Relations on tech and cyber competition with China.

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:

Surprising Senate Vote Signals New Hope for Surveillance Reform

iPhone spyware lets police log suspects' passcodes when cracking doesn't work

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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The different implications of surveillance.

Wed, 20 May 2020 05:00:00 -0000

Dave has the story of the potential expansion of the Patriot Act. Ben takes a look at hacking tools that were offered up to local law enforcement. And later in the show my conversation with Alan Z. Rozenshtein, associate professor of law at University of Minnesota. We’re discussing his recent article in Lawfare, Government Surveillance in an Age of Pandemics.

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:

Mitch McConnell Moves to Expand Bill Barr’s Surveillance Powers

NSO Group Pitched Phone Hacking Tech to American Police

Government Surveillance in an Age of Pandemics

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Privacy is a human right.

Wed, 13 May 2020 05:00:00 -0000

Dave has the story of a facial recognition research project that claims to be able to predict criminality, Ben takes a look at privacy in the face of contact tracing app and coronavirus, and later in the show our conversation with Jules Polonetsky, CEO of the Future of Privacy Forum on how privacy is better understood as a human right, privacy risks that will grow in prominence during the 2020s, and rising technologies that will be used to manage privacy over the next decade.

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:

Research brief on facial recognition software

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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If there's cyberwar, are there cyber war crimes?

Wed, 06 May 2020 05:00:00 -0000

Dave has the story of a US appeals court asking why a Facebook encryption order should remain sealed, Ben takes a look at the effects of GDPR, and later in the show our conversation with Tarah Wheeler, she is a Cybersecurity Policy Fellow at New America, we spoke about why the world desperately needs digital a Geneva Convention.

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. appeals court asks why Facebook encryption order should stay sealed

Europe’s Privacy Law Hasn’t Shown Its Teeth, Frustrating Advocates

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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You will pay for that one way or another.

Wed, 29 Apr 2020 05:00:00 -0000

Dave's got the story of a landlord who may run afoul of the Computer Fraud and Abuse Act, Ben wonders if the big tech CEOs could be held liable for contact tracking apps, and later in the show my conversation with Joseph Cox. He is a Senior Staff Writer at Motherboard and will be discussing his recent article How Big Companies Spy on Your Emails.

Links to stories:

Apple and Google CEOs should be held responsible for protecting coronavirus tracking data, says GOP Sen. Hawley

The twitter thread from Dave's story

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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You don't own your photos.

Wed, 22 Apr 2020 05:00:00 -0000

Dave's got the story of photographer who came up short in an online copyright claim, Ben wonders if the Supreme Court is going to take a look at the Computer Fraud and Abuse Act, and later in the show my conversation with Dmitri Alperovitch. He is the co-founder and former CTO at CrowdStrike. We’ll be discussing the recently published cybersecurity solarium report.

Links to stories:

Photographer can’t sue a website for embedding her Instagram post, says court

Is the Supreme Court About to Take Its First Big CFAA Case?

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Where there's a will, there's a loophole.

Wed, 15 Apr 2020 05:00:00 -0000

Dave shares the details of New York’s new data breach notification law and how it may affect businesses. Ben examines the Electronic Frontier Foundation’s approach to evaluating government demands for new surveillance powers. And later in the show our conversation with David Holtzman from CynergisTek. We’ll be looking at how HIPAA privacy and security standards have been impacted by the federal response to the Covid-19 pandemic.

Links to stories:

New York’s New Data Breach Notification Law: What Businesses Should Know

How EFF Evaluates Government Demands for New Surveillance Powers

Listener on the line:

First-Ever CCPA Cause of Action Filed in a Federal Court, but Is This Class Claim Short-Lived?

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Heat maps and surveillance temptations.

Wed, 08 Apr 2020 05:00:00 -0000

Dave has a fascinating application of anonymized data to show travel patterns during the coronavirus pandemic. Ben discusses the temptation to increase surveillance during this pandemic, and later in the show my conversation with Professor Yehuda Lindell, CEO and co-founder of Unbound Tech on government requests for data: What does it mean for your organization?

Links to stories:

The temptation of coronavirus surveillance

Terrifying cellphone ‘heat map’ shows just how much people are still traveling

Thanks to Elizabeth Wharton @lawyerliz, former Caveat guest for the assist.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Never let a crisis go to waste.

Wed, 01 Apr 2020 05:00:00 -0000

Ben and Dave discuss the policy and privacy issues surrounding the global coronavirus pandemic, and later in the show our interview with Lily Hay Newman. She is a senior writer at WIRED, and we’ll be discussing browser privacy.

Links to stories:

U.S. Government, tech industry discussing ways to use smartphone location data to combat coronavirus

DOJ asks Congress for broad new powers amid Covid-19. Schumer says, “Hell no.”

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Can smart surveillance keep us safe?

Wed, 25 Mar 2020 05:00:00 -0000

Ben and Dave discuss the policy and privacy issues surrounding the global coronavirus pandemic, the Listener on the Line has a question about ZTE bribery and later in the show our interview with Nancy Kim. She is the ProFlowers Distinguished Professor of Internet Studies and Professor of Law at California Western School of Law, and author of several books including Consentability - Consent and Its Limits. Be sure to stick around for that.

Links to stories:

Surveillance Company Says It's Deploying 'Coronavirus-Detecting' Cameras in US

Israeli Spyware Firm Wants to Track Data to Stop Coronavirus Spreading

U.S. Probes Chinese Telecom Giant ZTE for Possible Bribery

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Dressing for privacy.

Wed, 18 Mar 2020 05:00:00 -0000

Links to stories:

Dressing for the Surveillance Age

Google data puts innocent man at the scene of a crime

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Technology always moves quicker than policy.

Wed, 11 Mar 2020 05:00:00 -0000

Ben has an update on NSA’s phone surveillance program, Dave has a story about cars snitching on their owners, and later in the show our interview with Liesyl Franz. She is from the U.S. Department of State in the Office of the Coordinator for Cyber Issues.

Links to stories:

N.S.A. Phone Program Cost $100 Million, but Produced Only Two Unique Leads

My car was in a hit-and-run. Then I learned it recorded the whole thing.

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Get that thing off my car.

Wed, 04 Mar 2020 06:00:00 -0000

Ben explains why Apple may pay half a billion dollars to settle a class action suit, Dave has an update on last week's GPS tracking device story, and later in the show our interview with Riana Pfefferkorn. She is Associate Director of Surveillance and Cybersecurity at the Center for Internet and Society at Stanford Law. We’ll be discussing her recent article, “The earn it act: How to ban end-to-end encryption without actually banning it.”

Links to stories:

N.S.A. Phone Program Cost $100 Million, but Produced Only Two Unique Leads

Removing a GPS tracking device from your car isn’t theft, court rules

The earn it act: How to ban end-to-end encryption without actually banning it

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Just gimme some truth.

Wed, 26 Feb 2020 06:00:00 -0000

Ben wonders why law enforcement are often cagey when it comes to revealing the electronic surveillance tools they make use of, Dave shares a story of a judge requiring an insurance company to help a small business clean up after a ransomware attack, and later in the show we speak with Peter A. Halprin, who is a partner in Pasich LLP’s New York office; we’ll be discussing ransomware and his insights on potential future privacy statutes.

Links to stories:

Why we don’t know as much as we should about police surveillance technology

Judge forces insurer to help small business to clean up after a crippling ransomware attack

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Rigging the game.

Wed, 19 Feb 2020 06:00:00 -0000

Ben describes a decades-long global espionage campaign alleged to have been carried out by the CIA and NSA, Dave shares a story about the feds using cell phone location data for immigration enforcement, and later in the show our conversation with Drew Harwell from the Washington Post on his article on how Colleges are turning students’ phones into surveillance machines.

Links to stories:

‘The intelligence coup of the century’

RIGGING THE GAME Spy sting

Federal Agencies Use Cellphone Location Data for Immigration Enforcement

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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The practical concerns of data encryption.

Wed, 12 Feb 2020 06:00:00 -0000

Dave shares a story about the government compelling some tech giants to help find a WhatsApp drug dealer, Ben follows developments on the ClearView facial recognition story that the New York Times recently broke, and later in the show, our conversation with Tommy Ross. He serves as Senior Director of Policy, BSA | The Software Alliance, and we’re going to be discussing encryption and law enforcement access to data.

Links to stories:

Feds Order Massive Number Of Tech Giants To Help Hunt Down One WhatsApp Meth Dealer

Google, YouTube, Venmo and LinkedIn send cease-and-desist letters to facial recognition app that helps law enforcement

NEMA's Manufacturer Disclosure Statement for Medical Device Security

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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And the heat goes on.

Wed, 05 Feb 2020 06:00:00 -0000

Dave shares a story about Amazon trying to have its cake and eat it, too when it comes to product liability. Ben has developments on the ClearView facial recognition story that the New York Times recently broke, and later in the show our conversation with Mike Overly from Foley & Lardner on cybersecurity in aviation.

Links to stories:

How amazon escapes liability for the riskiest products on its site

Class-action lawsuit filed against controversial Clearview AI startup

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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Exploring the cultural values of personal privacy.

Wed, 29 Jan 2020 06:00:00 -0000

Dave shares a story about our own state of Maryland trying to crack down on ransomware, Ben shares a New York Times story about facial recognition software, and later in the show our conversation with Stuart Thompson from the New York Times on the article, Twelve Million Phones, One Dataset, Zero Privacy.

Links to stories:

How ransomware bill would tighten focus on the threat in Maryland

The Secretive Company That Might End Privacy As We Know It

Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.

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There is no back door.

Wed, 22 Jan 2020 06:00:00 -0000

Dave shares a story about congress struggling to define acts of war in cyberspace. Ben has Apple's response to the DOJ's request to unlock yet another iPhone, and later in the show we interview Andrea Little Limbago the Chief Social Scientist at Virtru about her upcoming talk at the RSA Conference regarding the global battle against encryption.

Links to stories:

Congress struggles on rules for cyber warfare with Iran

Apple responds to AG Barr over unlocking Pensacola shooter's phone: "No."

Andrea L Limbago at RSA 2020

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Cell phone tracking and the future of data value.

Wed, 15 Jan 2020 06:00:00 -0000

Dave shares a story from Gizmodo about lawsuits aimed at Ring and Amazon. You asked - Ben listened - his take on an op-ed from the New York Times about cell phone tracking, and later in the show we interview Michelle Dennedy, formerly of Cisco and now CEO of DrumWave about the future of data value and... elephant masseuses.

Links to stories:

Ring and Amazon Sued for Security Camera Hacks They Blamed on Customers

One nation, tracked

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The quiet, behind-the-scenes work of the FBI.

Wed, 08 Jan 2020 06:00:00 -0000

Dave shares a Washington Post story about the data your car may be collecting about you. Ben digs in to recent revelations about government surveillance, and later in the show we interview Jason G. Weiss, former forensic expert with the FBI and current Counsel at Drinker Biddle and Reath, where he focuses on cyber security and privacy law.

Links to stories:

https://www.washingtonpost.com/technology/2019/12/17/what-does-your-car-know-about-you-we-hacked-chevy-find-out/

https://www.cnet.com/news/aclu-is-suing-ice-for-details-on-how-it-uses-phone-spying-devices/

https://www.nytimes.com/2019/12/11/us/politics/fisa-surveillance-fbi.html

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The cyber resiliency of White House operations.

Wed, 18 Dec 2019 06:00:00 -0000

On this week’s show Ben unpacks a recent Capital Hill hearing on the crypto wars, Dave describes a ruling that addresses biometrics and self incrimination. Our guest is Christopher Whyte, an assistant professor of homeland security and emergency preparedness at Virginia Commonwealth University. We’ll be discussing the notion that cyber security in the White House is in disarray.

Links to stories:

https://gizmodo.com/apple-pushes-back-as-senates-nightmare-anti-encryption-1840346951

https://www.forbes.com/sites/thomasbrewster/2019/01/14/feds-cant-force-you-to-unlock-your-iphone-with-finger-or-face-judge-rules/#576323f042b7

https://www.axios.com/scoop-cyber-memo-warns-of-new-risks-to-white-house-network-9aa19c6c-77a3-485b-919b-1dd9bd691514.html

https://wilder.vcu.edu/people/faculty/christopher-whyte-.html

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Helping us understand HIPAA.

Wed, 11 Dec 2019 06:00:00 -0000

Ben shares a story of student privacy in an age of surveillance. Dave describes efforts by the state of Georgia to put parts of their official legal code behind a paywall. The listener on the line wonders about speed cameras. Our guest is Donna Grindle, founder and CEO of Kardon and the co-host of the Help Me With HIPAA podcast.

Links to stories:

https://www.theguardian.com/education/2019/dec/02/school-surveillance-us-schools-safety-shootings

https://arstechnica.com/tech-policy/2019/12/justices-debate-allowing-state-law-to-be-hidden-behind-a-pay-wall/

https://helpmewithhipaa.com/podcasts/

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Moving the needle in the federal space.

Wed, 04 Dec 2019 06:00:00 -0000

In this episode, "Moving the needle in the federal space," Ben describes US Senate Democrats' proposal for new privacy legislation. We have a story from the Supreme Court of Pennsylvania on the 5th Amendment and password privacy. And later in show we interview Robert Sheldon, Head of Technology Strategy for Public Sector at CrowdStrike, discussing Federal cybersecurity and how those efforts connect to broader IT modernization initiatives.

Links to stories:

https://www.washingtonpost.com/technology/2019/11/26/top-senate-democrats-unveil-new-online-privacy-bill-promising-tough-penalties-data-abuse/

https://www.eff.org/deeplinks/2019/11/victory-pennsylvania-supreme-court-rules-police-cant-force-you-tell-them-your

https://youtu.be/ymaWq5yZIYM

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Compliance, regulation and small businesses.

Wed, 27 Nov 2019 14:07:00 -0000

Dave wonders if a case involving a GPS tracker has drifted toward absurdity. Ben reviews a Pew survey on attitudes toward privacy. Our guest is Aleksandr Yampolskiy from Security Scorecard. He shares his thoughts on privacy legislation and the crypto wars.

Links to stories:

https://arstechnica.com/tech-policy/2019/11/man-charged-with-theft-for-removing-police-gps-tracker-from-his-car/

https://www.nytimes.com/2019/11/15/opinion/privacy-facebook-pew-survey.html

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Lessons learned from environmental legislation.

Wed, 20 Nov 2019 06:00:00 -0000

On this week’s show Ben shares news on the ability of the government to search your electronic devices at the border, Dave has a story about Google drawing the attention of HHS for gathering medical patient data and later in show my interview with Bret Cohen, president and CEO from Tier1cyber. He shares his insights on some of the parallels between data security and privacy laws and environmental legislation.

Links to stories:

https://www.eff.org/press/releases/federal-court-rules-suspicionless-searches-travelers-phones-and-laptops

https://www.statnews.com/2019/11/13/hhs-probe-google-ascension-project-nightingale/

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Slowly awakening to the problems we face.

Wed, 13 Nov 2019 06:00:00 -0000

Ben looks at the cozy relationship between Ring and local law enforcement, Dave shares a story about a DNA tests and search warrants. Our listener on the line wonders about deleted emails. Our guest is Michael Chertoff, former US Secretary of Homeland Security, now head of the Chertoff Group.

Links to stories:

https://gizmodo.com/ring-gave-police-stats-about-users-who-said-no-to-law-e-1837713840

https://www.nytimes.com/2019/11/05/business/dna-database-search-warrant.html

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The legislation can only do so much.

Wed, 06 Nov 2019 06:00:00 -0000

Ben describes a potential loophole in medical records privacy regulations. Dave shares a story of a woman ordered by a judge to unlock her mobile device. Our listener on the line wonders how digital assistants may run up against two-party consent laws. Our guest is Ray Walsh from ProPrivacy.com, discussing new legislation in California dealing with manipulated video and deepfakes.

Links to stories:

https://www.washingtonpost.com/technology/2019/10/22/help-desk-can-your-medical-records-become-marketing-we-investigate-readers-suspicious-patient-portal/

https://www.oregonlive.com/news/2019/10/oregon-judge-ordered-woman-to-type-in-her-iphone-passcode-so-police-could-search-it-for-evidence-against-her.html

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Privacy and biometric data.

Wed, 30 Oct 2019 05:00:00 -0000

Ben wonders if the NSA's authority to collect metadata will be renewed. Dave describes an expensive case of mobile device snooping. Our listener on the line wonders if the feds can monitor his laptop. Our guest is Elizabeth Wharton from Prevalion on biometric data security.

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Crowdsourced private surveillance.

Mon, 21 Oct 2019 23:01:00 -0000

Dave shares a candidate's plan to make personal data private property. Ben describes a system of crowdsourced private surveillance. The listener on the line has a question about expectations of privacy in places like shopping malls. Our guest is Kim Phan from the law firm Ballard Spahr, here to discuss new privacy legislation going into effect in Nevada.

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Caveat

Section 702 survives for now.

Anthropic vs Washington.

Privatizing cyberspace.

Reversing the risk label.

Round three: The fight over AI preemption.

Section 702: The debate continues.

The SBOM where it happens.

The Pentagon's AI ultimatum.

Trump's tariff battle.

Wired for the future.

Another week, another AI story.

The algorithm is writing the rulebook now.

Compliance in the age of surveillance.

The expanding reach of surveillance.

Consent is not optional.

Your data, your rules.

The existing state of regulation. [CISOP]

Caveat Live: FBI and KU Cybersecurity Conference.

Cyber lessons from the frontlines.

One nation, two AI futures.

Jumping into a time machine.

Red, white, and for you page.

AI arms race meets nation-state mayhem.

Where are we going with warrantless searches?

Face to face with controversy.

Cybersecurity on the ballot in California.

Regulation takeaways with Ethan Cook. [CISO Perspectives]

How North Korea strikes and survives.

The existing state of regulation. [CISO Perspectives]

Ghosts on screen.

From alerts to aborts.

AI on the witness stand.

Red, white, and for you page.

Decrypting the future.

HR1 and the future of U.S. tech security

Two seconds to safer online spaces.

Ransomware readiness at risk.

Installment plans for your privacy.

Governments go on the offensive

Protecting or policing?

Trump’s AI race against China.

The clock’s ticking and the bots are clicking.

Cybersecurity in the states.

Who’s the boss of AI?

A nation divided can’t stand secure.

Cyber offense in the hot seat.

Answering the cybersecurity call.

The art of the breakup: Trump’s antitrust surge.

Deep in the tech of Texas.

When AI serves up trouble.

Take it down or shut it down?

Diving deep into critical infrastructure.

iSpy and iDefy.

The AI policy divide.

Big tech, big trouble, and a dash of DORA.

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The Trump administration’s policy shift.

Caveat Live: FBI and KU Cybersecurity Conference.

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A make-or-break moment for businesses.

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When secret plans hit the wrong inbox.

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Turning CISA’s recommendations into action.

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The tug-of-war over safety and free speech.

Policy Deep Dive

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The path forward for mergers and monopolies.

Policy Deep Dive

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TikTok’s last dance?

Links to the stories:

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A HIPAA shake-up?

Links to the stories:

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The AI policy divide.

Policy Deep Dive

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