
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.
Latest episodes

Jul 20, 2023 • 42min
The cost of identity.
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.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 temporarily blocks order that restricted feds’ contact with social media firms
Texas TikTok Ban Challenged for Threatening ‘Academic Freedom’
3 tax prep firms shared ‘extraordinarily sensitive’ data about taxpayers with Meta, lawmakers say
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. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jul 13, 2023 • 51min
Laws, lawsuits, and privacy.
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.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:
Selling Your Cellphone Location Data Might Soon Be Banned in U.S. for First Time
Sarah Silverman is suing OpenAI and Meta for copyright infringement
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. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jul 6, 2023 • 52min
To pay, or not to pay, that is the question.
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.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 blocks U.S. officials from tech contacts in First Amendment case
AI WEIRDNESS: THE STRANGE SIDE OF MACHINE LEARNING
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. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jun 29, 2023 • 54min
Encore: Opening up from Congress's point of view.
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.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. and European leaders reach deal on trans-Atlantic data privacy.
Google routinely hides emails from litigation by CCing attorneys, DOJ alleges
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. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jun 22, 2023 • 53min
The power of global networks.
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.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:
Cell phone searchers
The world’s regulatory superpower is taking on a regulatory nightmare: artificial intelligence
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. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jun 15, 2023 • 51min
IT companies sweep in to aid Ukraine.
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.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:
DeSantis ushers in our fake-images-in-politics nightmare
The US Is Openly Stockpiling Dirt on All Its Citizens
15th International Conference on Cyber Conflict
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. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jun 8, 2023 • 52min
GDPR turns 5.
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.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 ‘zombie case’ could have big ramifications for cybersecurity firms
Federal judge: No AI in my courtroom unless a human verifies its accuracy
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. Learn more about your ad choices. Visit megaphone.fm/adchoices

Jun 1, 2023 • 60min
What would it take to change a law?
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.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:
Meta Fined $1.3 Billion for Violating E.U. Data Privacy Rules
A Hiring Law Blazes a Path for A.I. Regulation
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. Learn more about your ad choices. Visit megaphone.fm/adchoices

May 25, 2023 • 58min
It's a generations thing.
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.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 misused surveillance tool on Jan. 6 suspects, BLM arrestees and others
OpenAI CEO tells Senate that he fears AI’s potential to manipulate views
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. Learn more about your ad choices. Visit megaphone.fm/adchoices

May 18, 2023 • 58min
A hand in crafting cybersecurity legislation.
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.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 Volokh Conspiracy
Eleventh Circuit Finds Corellium’s Copying of iOS as Fair Use in Victory for Security Researchers
APPLE INC., Plaintiff-Counter Defendant-Appellant
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. Learn more about your ad choices. Visit megaphone.fm/adchoices