Frost Brown Todd Podcast

Latest Episodes:

Episode 97 - Data Privacy Happenings in August 2022 Sep 08, 2022

Show notes

Get an update on lawsuits launched and settled in August 2022. Consider FBI warnings about DeFi platform and CISA declarations about protecting critical infrastructure. Learn of a draft bill circulating in California about an age-appropriate code for websites. A data broker is sued by the Federal Trade Commission for selling geolocation data that can be used to track who’s visiting a women’s reproductive health center, an addiction treatment facility, and everywhere else a smartphone travels. Tune in for this September 2022 update of what’s been happening in data privacy and cybersecurity. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 96 - We Are Being Watched, Recorded, and Targeted by “Things” Aug 30, 2022

Show notes

Data privacy and the laws that protect our personal information mostly deal with digital data and data equipment like computers and smartphones. But the Internet of Things – IoT – is meeting data infrastructure (listen to Episode 90 about the Edge for more on that). Things we don’t think of as data collectors collect our personal information and share it with others, often without our notice or consent, and sometimes in ways we do not want. Is the law ready to deal with this? Daniel Murray, an intellectual property and technology transactions attorney at Frost Brown Todd LLC join the Detective in exploring the issues. With a mishmash of state and federal rules, the U.S. lacks a comprehensive data privacy code. International laws differ greatly, some granting control to individuals over their personal data and others giving central government authorities almost total control over personal data about residents. As IoT devices, including automobiles and home furnishings, watch and record us and our visitors, the challenges to protecting privacy proliferate, and existing rules may not apply. This podcast discusses the challenges to data privacy in the IoT world, issues including interoperability, inadvertent and unconsented collection, and other questions of modern life and the future of personal data privacy. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 95 - Russia Ratchets Control of the Russian Internet Aug 19, 2022

Show notes

Data localization – we’ve devoted several episodes to what countries are doing to control and restrict data flows involving their residents. What happens when there’s a war (or “military operation” if you prefer) going on? Do recent actions by the Russian government reflect a growing trend toward a splinternet, treating data as though it were national cattle being locked within a corral? Or is this more a reaction to sanctions imposed by other nations, having little do with data? This podcast considers how data localization is on the rise in democracies like Indonesia, but India’s government shelved a draft national data law that would have increased control and domestication of data after pressure and objection from its broader society. With Yugo Nagashima, a Frost Brown Todd attorney focused on international and domestic data privacy and technology, we discuss expanding fines and Russia’s seizure of Google’s Russian subsidiary’s bank account, aiming to force U.S. and other non-Russian companies to agree to Russia’s controls over data as a condition of offering services to Russians. Will the internet achieve its dream of global information flows with reasonable privacy protections, or are we headed to a splinternet, where nations control and restrict what their residents can share and receive across borders? If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 94 - Cryptography and Data Privacy Aug 01, 2022

Show notes

Cryptography comes from the ancient Greek word “cryptos,” meaning “hidden” or “secret.” Encryption is a cybersecurity pillar, a key defense against invasion of our privacy. But it may be underappreciated in practice. Tune in to learn about the growing need for encryption technology to combat the rising tide of cyber-attacks. A recent report by the Port of Los Angeles to the FBI indicated that it suffers from over one million cyber-attacks per day. Dan Draper, CEO and Founder of CipherStash, explains from his home in Sydney, Australia the role of cryptography in protecting sensitive personal and other information. Dan’s company provides a data storage platform for sensitive data that uses searchable encryption technology to protect against attacks. Dan discusses how encryption protects personal data and how traditional databases are vulnerable to hacking and other risks. Learn why cryptography is becoming increasingly crucial in guarding data privacy and why Dan is optimistic about the use of encryption even as the age of quantum computing dawns. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 93 - 5G and Data Privacy Jul 29, 2022

Show notes

5G is the buzzword for the new generation of mobile networking. It brings blazing speed to digital communication. With that comes concern about the impact on our privacy. 5G speeds up data sharing – the good, the bad, the annoying, the criminal. With the emergence of the Edge linking devices and data infrastructure (DPD podcast 90), 5G shares information in virtual real-time about your health, your highway speed, your browsing and entertainment, your choices in a grocery store, and your location. In equally instant time, this data will be shared by a growing number of companies and people watching and listening to us (known and unknown), who will turn the information into benefits for themselves and risks for your privacy. National security is also at stake. Criminal elements will exploit the benefits, along with governments foreign and domestic. Explore in this episode the intersection of 5G and personal information. What does 5G mean for data privacy and what can the U.S. Government do to address the national security risks? Our tour guide is Sohan Dasgupta, former Deputy General Counsel of the U.S. Department of Homeland Security and a leading data privacy expert, an attorney with Frost Brown Todd LLC’s Washington, D.C. office. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 92 - TikTok and Data Privacy Jul 17, 2022

Show notes

TikTok built a global platform sharing short videos of wild and wonderful doings of people, animals, and things. It is the first Chinese-owned company to create a global base of more than a billion users. What are the risks to personal data privacy from TikTok? How can regular users and influencers protect their personal privacy while using TikTok? How different are the TikTok risks from those of other social media companies that are not owned in part by the Chinese Government? Our guest is Ben Kunde, a Certified Fraud Examiner who leads the international investigations practice at Interfor. Starting with a tragic story about a 13-year-old girl who amassed a million fans that included a demented stalker, Ben discusses prudent privacy measures individuals can take to enjoy a platform’s offerings without needlessly sharing personal data. We also consider controls a country can take when a foreign-owned media giant creates risks to minors and others and what reasonable measures can apply in a world of global data and commerce. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 91 - Data Privacy and Abortion Jul 06, 2022

Show notes

With the reversal of Roe v. Wade by the U.S. Supreme Court, data privacy becomes a more important issue than ever. This podcast considers how highly personal, sensitive information about the period between conception and birth is shared and used, how prosecutors obtain and use digital evidence, how private parties obtain information about women considering their options. Learn how individuals can protect their digital healthcare data against unwanted future use by third parties. Consider how a person can safeguard thoughts, considerations, and decisions about intimate personal matters, including the consequences of pregnancy termination. In the uncertainty of what individual states will impose on women’s healthcare and decisions, understand what steps one can take to protect personal digital privacy. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 90 - The Edge and Personal Data Privacy Jun 14, 2022

Show notes

Protecting and using personal information has focused on computer and software technology. With the Internet of Things (IoT), the Edge has arrived – the place where devices and traditional data infrastructure connect. Niranjan Maka takes us on a tour of the Edge and explains what it means to enterprises and individuals and the risks the Edge creates for us all. Niranjan heads SmartHub.ai, Enterprise IoT Platform | Smarthub.ai, an Edge company spun out from VMware, focused on bringing AI/ML powered management and monitoring to IoT/Edge devices. Our physical presence is replete with siloed millions of devices and sensors that collect, process, and share our personal information and enterprise data. As a veteran holding leadership positions at companies like RSA Security, Niranjan explains how we must become aware of the devices and sensors that are constantly with us and how the Edge changes how enterprises and individuals manage data and affect how our personal information is gathered and used. Tune in for an introduction to the Edge. Learn what enterprises and individuals can do about it, both to manage well in the IoT age and to protect our personal information. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 89 - Restaurants and Personal Data Privacy Jun 10, 2022

Show notes

What’s at stake as Congress considers a national data privacy law? The National Restaurant Association is the U.S.’ leading trade association for the restaurant and foodservice industry, representing thousands of members from the largest chain to solo providers. Brennan Duckett, its Director of Technology and Innovation Policy, discusses the key issues for the restaurant industry as Congress debates whether to adopt a national data privacy law. The “Three Corners Bill” recently introduced with bipartisan and bicameral support endorses substantial federal preemption of state law and a limited private right of action for substantial and individualized harm. How does a major industry see this proposal, and what are the changes needed before it is enacted? Our personal data is shared when we order, pay for, and receive a meal. Restaurants and food service companies can be both data controllers and data processors. They interact with other companies that are data processors and controllers. Tune in to this podcast to explore the issues the restaurant industry sees as important as Congress seeks a national approach to data privacy. These issues include private rights of action, loyalty programs, and harmonization of data privacy laws rather than the patchwork and confusing current state-by-state approach. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

Episode 88 - India’s Six-Hour Deadline to Report Cyberattacks to Government May 22, 2022

Show notes

Through a new cybersecurity regulation, businesses in India will have six hours to report cyberattacks to the government, pursuant to a regulation that comes into force at the end of June 2022. On April 28, 2022, the Indian Computer Emergency Response Team – CERT – part of the Ministry of Electronics and Information Technology, announced regulations that include the world’s most time-sensitive deadline for reporting cyber incidents to the government. Stephen Mathias, head of the Technology Law Practice at the premier Indian law firm Kochhar & Co., presents the substance, challenges, and ambiguities of this pioneering effort. The regulation covers cyberattacks regardless of whether personal data is involved. In comparison to other global reporting requirements (such as GDPR’s 72-hour deadline for reporting breaches of personal data), the 6-hour deadline is daunting and perhaps unworkable. Wording covers attacks even if not successful, in effect requiring Indian businesses to report in real-time the stream of all cyber-attacks that occur daily. Global businesses rely on India’s strong tech industry for data processing. The regulation will challenge all Indian legal entities and any business with Indian connections to act quickly to assess the regulation’s impact before July 2022. Both civil and criminal enforcement can result from failing to report a broad array of cyber incidents. This podcast will help you understand the impact of the new Indian regulation and what it means to global business and data protection. If you have ideas for more interviews or stories, please email info@thedataprivacydetective.com.

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