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    Technology

    Caveat

    Join us for thought provoking conversations on surveillance, digital privacy, and cybersecurity law and policy in the information age. Each week, hosts Dave Bittner and Ben Yelin break down the headlines, legal cases, and policy battles that matter most. 

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    Copyright: © 2023 N2K Networks, Inc.

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    Latest Episodes:
    Hacking back from a policy perspective: a bad idea. Jul 28, 2021
    Show notes

    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.

    Links to stories:

    • Israeli Spyware Maker Is in Spotlight Amid Reports of Wide Abuses
    • Despite the hype, iPhone security no match for NSO spyware
    • Top U.S. Catholic Church official resigns after cellphone data used to track him on Grindr and to gay bars


    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.

    Learn more about your ad choices. Visit megaphone.fm/adchoices


    Healthcare cyber insurance is no longer an option. Jul 21, 2021
    Show notes

    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.

    Links to stories:

    • We Got the Phone the FBI Secretly Sold to Criminals
    • Trump Justice Dept. effort to learn source of leaks for Post stories came in Barr’s final days as AG, court documents show


    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.

    Learn more about your ad choices. Visit megaphone.fm/adchoices


    Encore: A pandemic is a perfect environment for disinformation to thrive. Jul 14, 2021
    Show notes

    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.

    Links to stories:

    • Argument analysis: Justices seem wary of breadth of federal computer fraud statute
    • The algorithms are watching us, but who is watching the algorithms?


    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.

    Learn more about your ad choices. Visit megaphone.fm/adchoices


    Difficulties and biases of online proctored exams. Jul 07, 2021
    Show notes

    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:

    • Federal appeals court rebukes Baltimore spy plane program, likely blocks access to cache of remaining footage
    • UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
    • Judge Throws Out 2 Antitrust Cases Against Facebook
    • Actually, the Antitrust Case Against Facebook Is Very Much Alive
    • Proposed law making cell phone video of cops a crime moves forward by Ohio legislators


    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.

    Learn more about your ad choices. Visit megaphone.fm/adchoices


    Can individual liberties keep up with technology? Jun 30, 2021
    Show notes

    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.

    Links to stories:

    • Tweet that Ben uses as the basis of his story.
    • French spyware bosses indicted for their role in the torture of dissidents


    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.

    Learn more about your ad choices. Visit megaphone.fm/adchoices


    Federal standing in identity theft cases. Jun 23, 2021
    Show notes

    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.

    Links to stories:

    • Second Circuit Rules Individuals Have Standing to Sue for ‘Increased Risk’ of Identity Theft
    • Hunting Leaks, Trump Officials Focused on Democrats in Congress
    • Google Geofence Warrants Endanger Privacy—Judges Now See The Threat


    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.

    Learn more about your ad choices. Visit megaphone.fm/adchoices


    Private companies are not subject to the First Amendment. Jun 16, 2021
    Show notes

    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.

    Links to stories:

    • The Supreme Court pared down a controversial anti-hacking law
    • Ohio sues to have Google declared a public utility


    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.

    Learn more about your ad choices. Visit megaphone.fm/adchoices


    Data privacy laws are failing. Jun 09, 2021
    Show notes

    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.

    Links to stories:

    • Two New Laws Restrict Police Use of DNA Search Method
    • Algorithm Transparency Bill Introduced


    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.

    Learn more about your ad choices. Visit megaphone.fm/adchoices


    The normalization of data leaks. Jun 02, 2021
    Show notes

    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.

    Links to stories:

    • Florida governor signs bill barring social media companies from blocking political candidates
    • HEAT LISTED


    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.

    Learn more about your ad choices. Visit megaphone.fm/adchoices


    To pay or not to pay? Ransomware negotiation. May 26, 2021
    Show notes

    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.

    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:

    • Biden administration releases ambitious cybersecurity executive order
    • 'Fourth Amendment Is Not For Sale Act' Would Ban Clearview and Warrantless Location Data Purchases


    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.

    Learn more about your ad choices. Visit megaphone.fm/adchoices


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