
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

Oct 13, 2022 • 49min
Do copyright laws threaten the open market?
Journalist Glyn Moody joins Ben to discuss his new book and specifically to focus on how copyright laws threaten the open market of ideas on the internet, and how the copyright world is throttling creativity in the digital realm. Ben shares a story on a new Executive Order from President Biden on surveillance and data sharing with the European Union. Dave's got the story of the consequences of a community banning 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.
Under New Order, Europeans Can Complain to U.S. About Data Collection
NC is one of only two states to ban paying ransomware attackers. Is that wise?
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

Oct 6, 2022 • 48min
Should Safe Harbor laws be enacted country-wide?
Scott Holewinski from Arctic Wolf sits down with Dave to discuss how enacting country-wide Safe Harbor laws will promote more incident response self-reporting in the industry. Ben and Dave go over some listener follow up regarding the first amendment and profanity. Ben discusses the Supreme Court taking up section 230 of the communications decency act. Dave’s got the story of a judge in Buenos Aires declaring facial recognition software unconstitutional.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.
SCOTUS to hear challenge to Section 230 protections
JUDGE DECLARES BUENOS AIRES’ FUGITIVE FACIAL RECOGNITION SYSTEM UNCONSTITUTIONAL
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

Sep 29, 2022 • 40min
Breaking down the Gramm-Leach-Bliley Act.
Guest Bob Maley from Black Kite joins Dave to discuss the Gramm-Leach-Bliley Act (GLBA), federal regulation that requires financial institutions to safeguard sensitive customer information. Ben discusses a new lawsuit filed against a local public utility for providing user data to law enforcement. Dave's got the story of California’s Age-Appropriate Design Code Act.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.
Lawsuit: SMUD and Sacramento Police Violate State Law and Utility Customers’ Privacy by Sharing Data Without a Warrant
California Enacts the California Age-Appropriate Design Code Act
The Supreme Court Already Explained Why California’s Age Appropriate Design Code Is Unconstitutional
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

Sep 22, 2022 • 48min
How will cybersecurity insurance change in the coming years?
Gary Brickhouse former Security & Compliance Architect for Disney and CISO of cybersecurity firm GuidePoint Security joins Dave to discuss where we will see continued changes when it comes to cybersecurity insurance as the economy tanks, recession hits and cyber criminals take advantage. Ben discusses the 5th circuit’s controversial take on content moderation. Dave's got the story of the Pentagon taking a closer look at its covert psychological operations.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.
5th Circuit Rewrites A Century Of 1st Amendment Law To Argue Internet Companies Have No Right To Moderate
Morgan Stanley Paying $35 Million to Settle Claims of Failing to Protect Customer Records
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

Sep 15, 2022 • 40min
Prioritizing data, security, and observability.
Tim Eades, CEO of vArmour, sits down with Dave to talk about why all security professionals need to prioritize data, security, and observability. Ben's story discusses a court decision on standing in data breach cases, giving hope to plaintiffs in class-action lawsuits. Dave’s got a story on the city of Baltimore spending nearly a million dollars to upgrade their stingray, which could ramp up cellphone tracking.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.
Third circuit shows how to establish standing in data breach cases
Baltimore poised to ramp up cellphone tracking with purchase of new $920,000 device
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

Sep 8, 2022 • 51min
Edward Snowden and whistleblower ethics.
This week, Ben Yelin sits down with Robert Carolina, Senior Fellow with the Information Security Group at Royal Holloway University of London, to share about the discussion he had with the University of Dayton's School of Law about Snowden & whistleblower ethics. Ben's story takes a look at Cloudflare’s decision to cut service to Kiwi Farms. Dave's got the first report from the U.S. Congressional Research Service on the metaverse.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.
Cloudflare drops service for harassment site Kiwi Farms
The Metaverse: Concepts and Issues for Congress
2022 PILT Annual Seminar
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

Sep 1, 2022 • 52min
Twitter's data privacy battle.
Chris McLellan from Data Collaboration Alliance joins Dave to discuss Twitter and how they are to pay out $150 million in the battle over data privacy. Ben shares a story on a recent Maryland case dealing with particularity requirements for cell phone searches. Dave's got the story of the Federal Trade Commission suing an online data broker over surveillance concerns. 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.
F.T.C. sues over tracking data that could expose visits to abortion clinics.
Anthony J. Richardson v. State of Maryland, No. 46, September Term, 2021. Opinion by Biran, J.
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

Aug 25, 2022 • 45min
Encore: Let's talk about Facebook's research.
Our guest is author and journalist Steven Levy. He’s editor-at-large at Wired and his most recent book is "Facebook: The Inside Story. Steven offers his insights on Facebook’s internal research teams, Ben shares a newly-decided court case on whether Big Tech companies can be sued under the Anti-Terrorism statute, and Dave's got the story of some warrantless surveillance being declared unconstitutional in Colorado. 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 appeals court clears social media companies in Pulse shooting lawsuit
Colorado Supreme Court Rules Three Months of Warrantless Video Surveillance Violates the Constitution
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

Aug 18, 2022 • 45min
The U.S. and China's cyber relationship.
Luke Tenery from StoneTurn joins Dave to discuss the OPM breach, including a look back at this hack, what the fallout has been, and what has changed in the U.S.- Chinese cyber relationship. Ben shares an appeals court case on free speech rights and social media. Dave has a story of online health tracking services oversharing with the popular social media app, 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.
Victory! Federal Court Upholds First Amendment Protections for Student’s Off-Campus Social Media Post
Digital Medical Companies Funnel Patient Data To Facebook For Advertising
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

Aug 11, 2022 • 38min
Is privacy included?
This week, Carole Theriault interviews Jen Caltrider from Mozilla's *Privacy Not Included talking about the initiative as well as privacy related to apps they've reviewed. Ben shares the story of how a geofence warrant for data from 2015 might be the deciding factor in a death penalty case. Dave has a story on the FBI compelling someone to open an app with their face.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.
Cops Turn To Google Location Data To Pursue A Death Penalty For 2015 Murder
The FBI Forced A Suspect To Unlock Amazon’s Encrypted App Wickr With Their Face
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