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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 30, 2022 • 42min
The future of cyber legislation.
Gary Buonacorsi, Tanium’s SLED CTO and Chief IT Architect, joins Dave to discuss Cyber Incident Reporting for the Critical Infrastructure Act. Ben and Dave share some listener follow up from a listener who spent some time being a U.S. Marshall, and their input on a recent episode where someone had a fake warrant out for their arrest. Ben's story follows the recent overturn of Roe v. Wade and shares how to not leave a digital footprint if you are looking for an abortion. Dave's story dives into the debate over whether a password can provide more legal protection than a facial id scan or a fingerprint scan.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:
Seeking an abortion? Here’s how to avoid leaving a digital trail.
Warrant authorized authorities to compel Eastman to use his finger or face to unlock his phone but specifically prohibited them from demanding his password
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

Jun 23, 2022 • 46min
What new major cyber regulatory changes are coming?
Blaise Wabo, Healthcare and Financial Services Director at cybersecurity firm A-LIGN joins Dave to discuss major cyber regulation changes coming to ISO, SOC2, HIPAA, CMMC, NIST Cybersecurity Framework and PCI. Ben shares an interesting federal case on the legal defense of a gentleman forgetting his tablets passcode which landed him in trouble. Dave has an opinion from the EFF on Apple's newest restrictions when it comes to 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. Links to stories:
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT UNITED STATES OF AMERICA v. MICHAEL ANTHONY DASHEM
Facebook Says Apple is Too Powerful. They're Right.
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

Jun 16, 2022 • 41min
The strength of cybersecurity in America.
Greg Murphy, CEO of Ordr, joins Dave to share his thoughts on The Strengthening American Cybersecurity Act and what it means to US companies. Ben has an update on the Texas social media platform case, where Republicans are making the case that they are being censored by big social media platforms. Dave's story is on Canadian ISPs being ordered to block pirated streams of hockey games.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:
NHL Broadcasters Win Canada’s First ‘Dynamic’ Pirate IPTV Blocking Order
NETCHOICE, LLC, DBA NETCHOICE, ET AL. v. KEN PAXTON, ATTORNEY GENERAL OF TEXAS ON APPLICATION TO VACATE STAY
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

Jun 9, 2022 • 41min
Encore: Pay the ransom anyway regardless of payment ban?
Guest Mark Lance from GuidePoint Security talks with Dave about the FBI's recent advice not to ban ransom payments, some listener follow-up from Kevin who asks for ways a company or small business could keep their security gaps out of courts, Ben shares the story of a judge allowing a lawsuit against Apple alleging privacy violation in its use of Siri, Dave's got the details on trade groups lobbying for streamlined breach reporting standards.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. judge rules Google must face much of lawsuit over Voice Assistant
Industry Groups Urge Lawmakers to Streamline Cyber Breach Reporting 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

Jun 2, 2022 • 43min
Cybersecurity and data protection at the forefront of legal disputes.
Andrea D'Ambra, from Norton Rose Fulbright law firm, joins Dave to discuss their research on litigation and the privacy landscape, as well as how respondents anticipate that cybersecurity and data protection will be a top driver of new disputes in the next several years. Ben's story is on a new Justice Department policy for charging cases under the Computer Fraud and Abuse Act, and Dave's story is on new guidance from the FTC on student privacy issues.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:
Department of Justice Revises Policy for Charging Cases Under the Computer Fraud and Abuse Act
FTC Unanimously Adopts Policy Statement on Education Technology and COPPA
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 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


