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345 episodes — Page 6 of 7

S2 Ep 90Getting tough with the adversary.

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. Links to stories: Blog: 4 key takeaways from Biden’s Executive Order on cybersecurity New bill would update decades-old law governing children’s privacy online, add protection for teens Responsible Cyber Offense Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Aug 18, 202135 min

S2 Ep 89Convergence of government and private sector in national security.

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. Links to stories: Police Are Telling ShotSpotter to Alter Evidence From Gunshot-Detecting AI First came the ransomware attacks, now come the lawsuits Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Aug 11, 202141 min

S2 Ep 88An important consumer protection law you may not know about.

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. Links to stories: United States Court of Appeals For the Eighth Circuit No. 20-2570 FBI tells Congress ransomware payments shouldn't be banned Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Aug 4, 202137 min

S2 Ep 87Hacking back from a policy perspective: a bad idea.

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 [email protected] 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

Jul 28, 202142 min

S2 Ep 86Healthcare cyber insurance is no longer an option.

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 [email protected] 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

Jul 21, 202141 min

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

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 [email protected] 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

Jul 14, 202146 min

S2 Ep 85Difficulties and biases of online proctored exams.

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 [email protected] 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

Jul 7, 202135 min

S2 Ep 84Can individual liberties keep up with technology?

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 [email protected] 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

Jun 30, 202139 min

S2 Ep 83Federal standing in identity theft cases.

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 [email protected] 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

Jun 23, 202141 min

S2 Ep 82Private companies are not subject to the First Amendment.

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 [email protected] 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

Jun 16, 202142 min

S2 Ep 81Data privacy laws are failing.

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 [email protected] 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

Jun 9, 202141 min

S2 Ep 80The normalization of data leaks.

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 [email protected] 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

Jun 2, 202143 min

S2 Ep 79To pay or not to pay? Ransomware negotiation.

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 [email protected] 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

May 26, 202136 min

S2 Ep 78Many do not trust their banks and banking apps.

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. 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 for his story In Biden’s broadband plan, cable is in for the fight of its life Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

May 19, 202137 min

S2 Ep 77Privacy sector shift under the Biden administration.

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. 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: Apple and Epic Games meet in court on Monday. Here’s everything you need to know. Snapchat Can Be Sued Over Role In Fatal Car Crash, Court Rules Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

May 12, 202146 min

S2 Ep 76Privacy as a competitive advantage.

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? 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 court approved FBI’s continued use of warrantless surveillance power despite repeated violations of privacy rules Apple sued for terminating account with $25,000 worth of apps and videos ParkMobile Update: Security Notification - March 2021 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

May 5, 202142 min

S2 Ep 75Cyber insurance: still a work in progress.

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. 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: California lawsuit against Chinese tech giant raises a thorny question: Can the plaintiffs remain anonymous? Aiming for truth, fairness, and equity in your company’s use of AI Twitter post about FTC blog post Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Apr 28, 202139 min

S2 Ep 74Impacts of the U.S.'s digital divide.

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. 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: FBI Accesses Computers Around Country to Delete Microsoft Exchange Hacks First Circuit Upholds First Amendment Right to Secretly Audio Record the Police Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Apr 21, 202142 min

S2 Ep 73Breaches are a near certainty.

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. 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: Clarence Thomas blasts Section 230, wants “common-carrier” rules on Twitter I Called Off My Wedding. The Internet Will Never Forget Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Apr 14, 202140 min

S2 Ep 72Regulation of the Internet is evolving.

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. 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: Google Faces Class Action for Allegedly "Selling Users' Data" Prison Mail Surveillance Company Keeps Tabs On Those On the Outside, Too Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Apr 7, 202140 min

S2 Ep 71HITECH Act: Pushing the healthcare industry toward electronic medical records.

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. 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: A Police Camera That Never Tires Stirs Unease at 1st Circuit How Facebook got addicted to spreading misinformation Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Mar 31, 202150 min

S2 Ep 70Virginia privacy law and what it means for you.

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. 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 mulls software security grades after SolarWinds Google antitrust suit takes aim at Chrome’s Privacy Sandbox Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Mar 24, 202140 min

S2 Ep 69Amazon Marketplace: You've got to be there.

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. 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: FBI seems confident in the granularity of their Capitol cell tower dumps Jason Kint tweet Take Control Of Your Privacy Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Mar 17, 202148 min

S2 Ep 68Unregulated IoT devices: What could go wrong?

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. 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: Virginia governor signs nation’s second state consumer privacy bill Far-right news sources on Facebook more engaging The most engaging political news on Facebook? Far-right misinformation. Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Mar 10, 202138 min

S2 Ep 67Microtargeting as information warfare.

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. 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: App trackers secretly sell your location data to the government. App stores won’t stop them. FBI seized Congressioinal cellphone records related to Capitol attack Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Mar 3, 202140 min

S2 Ep 66Internet of Bodies (IoB) devices: technology is advancing much quicker than regulations can.

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. 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: Maryland Approves Country’s First Tax on Big Tech’s Ad Revenue Exclusive: Big Tech's Democratic critics discuss ways to strike back with White House Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Feb 24, 202131 min

S2 Ep 65Privacy has become almost a fundamental right.

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. 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: This is the Democrats’ plan to limit Section 230 Is This Beverly Hills Cop Playing Sublime’s ‘Santeria’ to Avoid Being Live-Streamed? Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Feb 17, 202137 min

S2 Ep 64Covid's effects on medical privacy.

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. 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: Here’s a Way to Learn if Facial Recognition Systems Used Your Photos Michigan State Police Officials Are Dodging Public Records Obligations By Using Encrypted Messaging Apps Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Feb 10, 202139 min

S2 Ep 63The new US Administration should focus on these data privacy points.

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. 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: Digital fingerprints are identifying Capitol rioters Why Is Big Tech Policing Speech? Because the Government Isn’t Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Feb 3, 202141 min

S2 Ep 62The intersection of law, technology and risk.

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. 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: Far-right groups move online conversations from social media to chat apps — and out of view of law enforcement FTC Requires App Developer to Obtain Users’ Express Consent for Use of Facial Recognition Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Jan 27, 202143 min

S2 Ep 61The attempted insurrection, Congressional cybersecurity, and data ethics.

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. Links to stories: The siege of the US Capitol was a disaster for congressional cybersecurity — and experts say Congress will likely have to wipe all its computers and rebuild from scratch An Absurdly Basic Bug Let Anyone Grab All of Parler's Data Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Jan 20, 202146 min

S2 Ep 60Diversity has to be part of the mission in cybersecurity.

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. 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: Unregulated facial recognition must stop before more Black men are wrongfully arrested Study: AVs May Not Detect Darker-Skinned Pedestrians As Often As Lighter Ones (related story) Court Upholds Legal Challenge Under California Statewide Stingray Law Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Jan 13, 202144 min

Encore: Dressing for privacy.

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. 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: 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 [email protected] 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

Jan 6, 202138 min

Encore: EU-US Privacy Shield invalidated.

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. Links to stories: The Fight Over the Fight Over California’s Privacy Future Apple, Google, Facebook and Amazon abused monopoly power, House report says Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4. Learn more about your ad choices. Visit megaphone.fm/adchoices

Dec 30, 202046 min

S2 Ep 59Interim cybersecurity compliance rule prior to CMMC with some privacy thrown in.

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. 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: Amazon, TikTok, Facebook, Others Ordered To Explain What They Do With User Data California fines Uber $59 million, threatens license over refusal to hand over sexual assault data Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Dec 23, 202044 min

S2 Ep 58We don't know what we need, until we do with facial recognition.

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. Links to stories: State, federal authorities expected to file antitrust lawsuits against Facebook on Wednesday Germany’s Online Crackdowns Inspire the World’s Dictators Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Dec 16, 202050 min

S2 Ep 57A pandemic is a perfect environment for disinformation to thrive.

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 [email protected] 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

Dec 9, 202046 min

S2 Ep 56Defining digital sovereignty: there's no such place as cyberspace.

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. 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: Secret Amazon Reports Expose the Company’s Surveillance of Labor and Environmental Groups How cyber policy will evolve under Biden Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Dec 2, 202050 min

S2 Ep 55Protecting the integrity of information and maintaining privacy.

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. 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: Appeals court rules Baltimore “spy plane” does not violate privacy rights Tweet Dave discusses Got a question you'd like us to answer on our show? You can send your audio file to [email protected] 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

Nov 25, 202039 min

S2 Ep 54Playing into the hands of our adversaries.

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. 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: Facial recognition used to identify Lafayette Square protester accused of assault DHS Authorities Are Buying Moment-By-Moment Geolocation Cellphone Data To Track People Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4. Learn more about your ad choices. Visit megaphone.fm/adchoices

Nov 18, 202038 min

S1 Ep 14Elizabeth Wharton: Strong shoulders for someone else to stand on. [Legal] [Career Notes]

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

Nov 11, 20205 min

S2 Ep 53IoT device risk: can legislation keep up?

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. Links to stories: How politicians target you: 3,000 data points on every voter, including your phone number Facebook's Mark Zuckerberg calls for Section 230 reform, 'Congress should update the law' Activists Turn Facial Recognition Tools Against the Police Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4. Learn more about your ad choices. Visit megaphone.fm/adchoices

Nov 4, 202045 min

The Malware Mash!

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Oct 30, 20203 min

S1 Ep 52The tools have changed, but the tactics have remained basically the same.

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. Links to stories: U.S. Accuses Google of Illegally Protecting Monopoly The Police Can Probably Break Into Your Phone Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4. Learn more about your ad choices. Visit megaphone.fm/adchoices

Oct 28, 202045 min

S1 Ep 51No fruit of the poisonous tree.

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. Links to stories: Twitter: Orin Kerr Mickelson v. State Google is giving data to police based on search keywords, court docs show Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4. Learn more about your ad choices. Visit megaphone.fm/adchoices

Oct 21, 202048 min

S1 Ep 50EU-US Privacy Shield invalidated.

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. Links to stories: The Fight Over the Fight Over California’s Privacy Future Apple, Google, Facebook and Amazon abused monopoly power, House report says Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4. Learn more about your ad choices. Visit megaphone.fm/adchoices

Oct 14, 202048 min

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

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4. Learn more about your ad choices. Visit megaphone.fm/adchoices

Oct 7, 202038 min

S1 Ep 48Generating more data with value we don't understand.

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 Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sep 30, 202042 min

S1 Ep 47Technology that allows cops to track your phone.

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. Links to stories: Elizabeth Goitein on Twitter In appeals court, Baltimore surveillance plane suit gets a mixed reaction Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sep 23, 202050 min

S1 Ep 46Your own data used against you.

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 [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. Thanks to our sponsor, KnowBe4. Learn more about your ad choices. Visit megaphone.fm/adchoices

Sep 16, 202042 min