
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

May 11, 2023 • 59min
Being on top of your data consent.
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.While this show covers legal topics, and Ben is a 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:People are trying to claim real videos are deepfakes. The courts are not amusedGot 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 4, 2023 • 44min
Your approach to efficient security compliance.
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.While this show covers legal topics, and Ben is a 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:
2023 PA Super 72
There Is No “Defensive Search” Exception to the Fourth Amendment: Why a Consistent Warrant Rule Is Necessary to Fix FISA Section 702
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

Apr 27, 2023 • 44min
Encore: The Supreme Court's supreme security breach.
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.While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Breed and New DA Jenkins Pushing Hard to Expand Police Access to Private Security Cameras All Over Town
Travelers Wants Out of Contract With Insured That Allegedly Misrepresented MFA Use
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

Apr 20, 2023 • 48min
The U.S. Government and a cybersecurity budget.
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.While this show covers legal topics, and Ben is a 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:
Montana Legislature Approves Outright Ban of TikTok
FTC fines supplement maker $600,000 for 'review hijacking' Amazon listings
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

Apr 13, 2023 • 57min
Addressing National Cyber Strategy.
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.While this show covers legal topics, and Ben is a 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:
ICE Is Grabbing Data From Schools and Abortion Clinics
ChatGPT invented a sexual harassment scandal and named a real law prof as the accused
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

Apr 6, 2023 • 50min
Insurable cyberattacks?
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.While this show covers legal topics, and Ben is a 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 RESTRICT Act Would Restrict a Lot More Than TikTok
Why we must hit ‘pause’ on generative AI experiments
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

Mar 30, 2023 • 43min
Measuring the competitive advantage of compliance.
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.While this show covers legal topics, and Ben is a 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 Acts to Restrict U.S. Government Use of Spyware
Export Control is Not a Magic Bullet for Cyber Mercenaries
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

Mar 23, 2023 • 57min
The technology challenges of national archives regulations.
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.While this show covers legal topics, and Ben is a 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 sued for not telling New York store customers about tracking biometrics
CFPB Launches Inquiry Into the Business Practices of Data Brokers
Wall Street regulator proposes new hacking, data and market resiliency rules
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

Mar 16, 2023 • 51min
A blueprint of the CCPA.
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. While this show covers legal topics, and Ben is a 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 privacy loophole in your doorbell
Cybersecurity’s Third Rail: Software Liability
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

Mar 9, 2023 • 49min
Encore: The ever-evolving cybersecurity field.
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.While this show covers legal topics, and Ben is a 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:
Did Fifth Circuit Put Texas In Charge of The Internet?
Congress should pass the ‘Fourth Amendment Is Not For Sale Act’
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