

Caveat
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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

Aug 18, 2021 • 35min
Getting tough with the adversary.
Guest Jamil Jaffer from IronNet Cybersecurity joins Dave to share some of the key takeaways from President Biden’s Executive Order on cybersecurity, Ben looks at legislation aiming to better protect youngsters online. Dave shares an outline from the folks at Lawfare for more responsible offensive cyber 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:
Blog: 4 key takeaways from Biden’s Executive Order on cybersecurity
New bill would update decades-old law governing children’s privacy online, add protection for teens
Responsible Cyber Offense
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

Aug 11, 2021 • 41min
Convergence of government and private sector in national security.
Guest Luke Tenery, Partner at StoneTurn, joins Dave to discuss the recent confirmation of Jen Easterly as director of US Cybersecurity and Infrastructure Security Agency, Ben looks at increased scepticism over the use of gunshot sensing technology, Dave digs into class action lawsuits on the heels of ransomware. 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:
Police Are Telling ShotSpotter to Alter Evidence From Gunshot-Detecting AI
First came the ransomware attacks, now come the lawsuits
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

Aug 4, 2021 • 38min
An important consumer protection law you may not know about.
Guest David Derigiotis of Burns & Wilcox joins Dave to discuss protections related to fraud provided by the Electronic Fund Transfer Act, Ben looks at an Appeals Court case on peer-to-peer file sharing and the Fourth Amendment, Dave discusses the FBI’s recent testimony before a Senate Judiciary Committee on whether or not to ban 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. Links to stories:
United States Court of Appeals For the Eighth Circuit No. 20-2570
FBI tells Congress ransomware payments shouldn't be banned
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

Jul 28, 2021 • 43min
Hacking back from a policy perspective: a bad idea.
Guest Anup Ghosh, CEO of Fidelis Cybersecurity, joins Dave to share his views on the private sector hacking back, Ben digs in to the NSO Group Pegasus spyware controversy, Dave looks at a Catholic Priest being outed through deanonymized mobile device 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:
Israeli Spyware Maker Is in Spotlight Amid Reports of Wide Abuses
Despite the hype, iPhone security no match for NSO spyware
Top U.S. Catholic Church official resigns after cellphone data used to track him on Grindr and to gay bars
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

Jul 21, 2021 • 42min
Healthcare cyber insurance is no longer an option.
Guest Sumit Sehgal of Armis, and Boston Medical's former CISO, comes on the show to discuss the uptick in cyberattacks on healthcare institutions and why it is no longer an option not to have cyber insurance, Ben takes a closer look at a specially modified Android phone, and Dave discusses how the Trump Administration's Department of Justice got creative in trying to ferret out leakers of classified information. 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:
We Got the Phone the FBI Secretly Sold to Criminals
Trump Justice Dept. effort to learn source of leaks for Post stories came in Barr’s final days as AG, court documents show
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

Jul 14, 2021 • 46min
Encore: A pandemic is a perfect environment for disinformation to thrive.
Ben looks at the US Supreme Court’s potential interpretations of the computer fraud and abuse act, Dave's got a report out of the UK on AI algorithm oversight, and later in the show, Dave's conversation with Nina Jankowicz, Disinformation Fellow from the Wilson Center on her book: How to Lose the Information War: Russia, Fake News, and the Future of Conflict.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:
Argument analysis: Justices seem wary of breadth of federal computer fraud statute
The algorithms are watching us, but who is watching the algorithms?
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

Jul 7, 2021 • 36min
Difficulties and biases of online proctored exams.
Guest Lauren Daming from Greensfelder, Hemker & Gale, P.C. joins Dave to discuss privacy issues, litigation and best practices concerning universities' use of remote proctoring platforms for exams, Ben shares some follow-up on the Baltimore spy plane, Ben's story examines an FTC memo addressing potential Facebook antitrust claims, Dave's got a story that looks at an Ohio law that could make videotaping the police a crime.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 follow-up and stories:
Federal appeals court rebukes Baltimore spy plane program, likely blocks access to cache of remaining footage
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Judge Throws Out 2 Antitrust Cases Against Facebook
Actually, the Antitrust Case Against Facebook Is Very Much Alive
Proposed law making cell phone video of cops a crime moves forward by Ohio legislators
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 30, 2021 • 39min
Can individual liberties keep up with technology?
Guest Andrew Hammond, historian and chief curator at the International Spy Museum joins Dave to talk about the battle of privacy vs freedom in real life and online, Ben has the story of an appeals court decision protecting big tech companies from responsibility for acts of terrorism, Dave looks at a French surveillance company whose executives may find themselves in hot water.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 as the basis of his story.
French spyware bosses indicted for their role in the torture of dissidents
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 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


