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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

Sep 23, 2021 • 42min
Internet communications are the latest wiretapping class action trend.
Guest Paul Karlsgodt from Baker Hostetler joins Dave to discuss the latest class action trend – wiretapping claims for use of standard online tracking software, Ben shares the story of some of the big online players bowing to pressure from Russian authorities. and Dave's got the story of the Supreme Court hearing a case on state secrets and FBI surveillance.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:
Google and Apple, Under Pressure From Russia, Remove Voting App
Supreme Court to Hear State Secrets Case on FBI Surveillance
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

Sep 16, 2021 • 41min
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 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

Sep 9, 2021 • 44min
Threading the needle on consumer privacy laws.
Guest Aaron Tantleff of Foley & Lardner’s Privacy, Security & Information Management Practice talks with Dave about how the Colorado privacy law differs from CCPA and how companies need to prepare, Ben has an update on Apple’s CSAM scanning plans, and Dave's got the details on Apple’s plans to integrate your official state ID into Apple Wallet.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 delays the rollout of child-safety features over privacy concerns.
Initial Details on Using Driver’s Licenses and State ID’s in Apple Wallet
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

Sep 1, 2021 • 45min
Taking up the challenge of cyber citizenship.
Guests Peter Singer and Lisa Guernsey, co-authors of New America's "Teaching Cyber Citizenship: Bridging Education and National Security to Build Resilience to New Online Threats," join Dave to discuss their work, Ben shares the story of people in Afghanistan scrubbing their online presence. Dave's got the story of US government agencies’ plans to increase the use of facial recognition technology.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. Resources:
Afghans are racing to erase their online lives
US government agencies plan to increase their use of facial recognition technology
Teaching Cyber Citizenship: Bridging Education and National Security to Build Resilience to New Online Threats
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 25, 2021 • 42min
Apple CSAM: well-intentioned, slippery slope.
Guest David Derigiotis, Corporate Senior Vice President at Burns & Wilcox, joins Dave and Ben for an in-depth discussion this episode. Departing from our usual format, we take a closer look at the implications of Apple’s recent announcements that they will be enabling scanning for Child Sexual Abuse Materials, CSAM, on iOS devices. We devote the entire episode to this topic and hope you will join us.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. Resources:
New York Times article: Are Apple’s Tools Against Child Abuse Bad for Your Privacy?
YouTube video: An Update on Apple's CSAM Scanning Plans
Accidental Tech Podcast: Episode 443 :A Storm of Asterisks
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 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


