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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.
Episodes
Mentioned books

Jun 23, 2021 • 41min
Federal 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 caveat@thecyberwire.com 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, 2021 • 42min
Private 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 caveat@thecyberwire.com 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, 2021 • 42min
Data 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 caveat@thecyberwire.com 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, 2021 • 43min
The 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 caveat@thecyberwire.com 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, 2021 • 36min
To 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 caveat@thecyberwire.com 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, 2021 • 37min
Many 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 caveat@thecyberwire.com 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, 2021 • 46min
Privacy 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 caveat@thecyberwire.com 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, 2021 • 43min
Privacy 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 caveat@thecyberwire.com 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, 2021 • 39min
Cyber 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 caveat@thecyberwire.com 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, 2021 • 42min
Impacts 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 caveat@thecyberwire.com 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