
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 26, 2022 • 1h
Reliving a scandal's past.
Author, Garrett Graff, joins Ben Yelin to discuss his new book "Watergate: A new history," taking a deep dive into the 1970's scandal, specifically on surveillance and wiretapping and the legality behind it, Ben discusses a newly released court decision on Big Tech platform content moderation that shows a judicial split on the issue, and Dave's story is on the FBI’s surveillance of snapchat users.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:
In the United States Court of Appeals For the Eleventh Circuit
FBI Wiretap Opens Window To Murderous Drug Gang—And A Crucial Flaw In Snapchat Privacy
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 19, 2022 • 48min
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

May 12, 2022 • 49min
Let's talk about data privacy compliance fatigue.
Guest Bill Tolson, Vice President of eDiscovery at Archive360 joins Dave to discuss compliance fatigue, Ben's story covers a settlement between the ACLU and Clearview AI, and Dave discusses some tech giants rallying behind a proposed New York Privacy bill.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:
Clearview AI settles suit and agrees to limit sales of facial recognition database.
Google, Microsoft and Yahoo back New York ban on controversial search warrants
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 5, 2022 • 39min
Modernizing healthcare regulation?
Patrick Sullivan from A-LIGN compliance and security discusses privacy implications of modernizing HIPAA and how it will affect healthcare and goes into why its taken this long to update a regulation that was written a decade ago, Ben's story covers an eye-opening footnote from a 9th Circuit court case about internet content collection, and Dave's story is on the surprising number of warrantless searches the FBI conducted last year.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:
Spy report: 3.4M warrantless searches of US data under FISA last year
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
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 28, 2022 • 42min
A new executive order on cybersecurity.
Lauren Van Wazer from Akamai shares her thoughts on the implications for the Biden administration’s executive order on cybersecurity, Ben's story is on a new EU landmark law aimed to force big tech companies to tackle illegal content such as limiting how digital giants target users with online ads, Dave's story is on the White house's Cyberwarfare and the power grab they are trying to demonstrate, and describes how cyber defense really became a thing throughout the last few presidential administrations.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:
EU agrees on landmark law aimed at forcing Big Tech firms to tackle illegal content
The Biden White House’s Cyberwarfare Power Grab
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 21, 2022 • 41min
What's next in the new era of Cyber Disclosures?
Paul Innella, CEO of Tetrad Digital Integrity (TDI), discusses their new white paper on Board Risk, as well as clearing up some confusion on what could be next in the new era of Cyber Disclosures (regarding public companies, private equity requirements, Ben's story is on LinkedIn and what is considered hacking versus what is not, and Dave's story is on new technology helping over in the Russia-Ukraine war.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:
Court reaffirms that data scraping isn't hacking in LinkedIn appeal
Ukraine is scanning faces of dead Russians, then contacting the mothers
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 14, 2022 • 45min
Does security and identity go hand in hand?
Aaron Painter from Nametag shares the importance of implementing identity in the security/authentication process, not only for data protection, but for building trust within digital interactions, Ben's story comes from "Last week tonight with John Oliver" on data brokers, and Dave's story is on how the US is preparing to deal with Russian attacks.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. Says It Secretly Removed Malware Worldwide, Pre-empting Russian Cyberattacks
Data Brokers: Last Week Tonight with John Oliver (HBO)
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 7, 2022 • 38min
Digging deeper into the civil fraud initiative.
Matt Malarkey, VP, Strategic Alliances, from Titania provides insight into the civil fraud initiative, Ben's story is on how US law enforcement agencies are accessing your personal information, and Dave shares a story on a SolarWinds bid and how a court denied it for trying to throw out a breach lawsuit.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 can US law enforcement agencies access your data? Let’s count the ways
Court denies SolarWinds bid to throw out breach lawsuit
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 31, 2022 • 54min
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

Mar 24, 2022 • 42min
Why the EARN IT Act matters to you.
Guest Aron Solomon from Esquire Digital joins Dave to discuss why the EARN IT Act Matters, Ben shares a recent Federal District court case on geofencing, Dave's story is on how the SEC is proposing new cyber breach disclosure rules.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 Fourth Amendment and Geofence Warrants: A Critical Look at United States v. Chatrie
SEC votes to propose new rules for cybersecurity disclosure and incident reporting
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