The Cyberlaw Podcast: Discussion with Michael Sulmeyer and Nicholas Weaver

By Stewart Baker
Tuesday, November 14, 2017, 1:53 PM

With the Texas church shooting having put encryption back on the front burner, I claim that Apple is becoming the FBI's crazy ex-girlfriend in Silicon Valley—and offer the tapes to prove it. When Nick Weaver rises to Apple's defense, I point out that Apple responded to a Chinese government man-in-the-middle attack on iCloud users with spineless obfuscation rather than a brave defense of user privacy. Nick asks for a citation. Here it is: https://support.apple.com/en-us/HT203126 (Careful: don't click without a chiropractor standing by.)

Nick provides actual news to supplement the New York Times' largely news-free front page storyabout leak and mole fears at NSA.

I gloat, briefly, over hackback's new respectability, as the Active Cyber Defense Certainty Act acquires new cosponsors, including Trey Gowdy, and hacking back acquires new respectability. But not everywhere.

Michael Sulmeyer finally gets a word in edgewise as the conversation shifts to the National Defense Authorization Act. He discusses the Modernizing Government Technology Act, the growing Armed Services Committee oversight of cyberoperations, and the decision to lift—and perhaps separate—Cyber Command from National Security Agency. I take issue with any decision that requires that a three-star NSA director to argue intelligence equities with a four-star combatant commander

We end with Michael Sulmeyer and I walking through the challenges for the Pentagon in deterring cyberattacks. We both end up expressing skepticism about the current path.

As always The Cyberlaw Podcast is open to feedback. Send your questions, suggestions for interview candidates or topics to CyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785.

Subscribe to The Cyberlaw Podcast here. We are also on iTunes, Pocket Casts, and Google Play (available for Android and Google Chrome)!

The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.