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DayZero: Cybersecurity Law and Policy

DayZero dives deep in cybersecurity vulnerabilities, and the crime, espionage, and warfare taking place on networked computers. We look at legislation, practice, and litigation over how to keep our networks and critical infrastructure secure; new and emerging threats and how the policy process responds to them; the relationship between cybersecurity other security goods; and cybersecurity in American relations with foreign adversaries and allies. 

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Podcasts

The Cyberlaw Podcast: Debating FISA 215 after Pensacola

Stewart Baker   Tue, Dec 10, 2019, 11:51 AM

The apparent terror attack at Naval Air Station Pensacola spurs a debate among our panelists about whether the FISA Section 215 metadata program deserves to be killed, as Congress has increasingly signaled it intends to do. If the Pensacola attack involved multiple parties acting across US borders, still a live possibility as we talked, then it would be just about the first such attacks since 9/11 – and exactly the kind of attack the metadata program was designed to identify in advance.

Podcasts

The Cyberlaw Podcast: Ethical Algorithms with Michael Kearns and Aaron Roth

Stewart Baker   Fri, Dec 6, 2019, 11:15 AM

Algorithms are at the heart of the Big Data/machine learning/AI changes that are propelling computerized decision-making. In their book, The Ethical Algorithm, Michael Kearns and Aaron Roth, two Computer Science professors at Penn, flag some of the social and ethical choices these changes are forcing upon us.

Cybersecurity

Cybersecurity in One Voice: Leveraging CISA Programming to Improve FTC Cybersecurity Enforcement

Sam Bieler, Randy Milch   Thu, Dec 5, 2019, 8:00 AM

The FTC’s cybersecurity enforcement program has faced increasing judicial scrutiny because of the inherent vagueness of the "reasonable" cybersecurity it seeks to require.  Meanwhile, the Cybersecurity and Infrastructure Security Agency has struggled to achieve robust private sector engagement. Linking these agencies’ programs and enforcement practices will help each solve the other’s problem.

The Cyberlaw Podcast

The Cyberlaw Podcast: Plumbing the Depths of Artificial Stupidity

Stewart Baker   Fri, Nov 15, 2019, 6:14 PM

The Foreign Agent Registration Act is having a moment – in fact its best year since 1939, as the Justice Department charges three people with spying on Twitter users for Saudi Arabia. Since they were clearly acting like spies but not stealing government secrets or company intellectual property, FARA seems to be the only law that they could be charged with violating.

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