The Cyberlaw Podcast: Discussion with Michael Sulmeyer and Nicholas Weaver

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

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

Nick provides actual news to supplement the about leak and mole fears at NSA.

I gloat, briefly, over hackback's new respectability, as the  acquires new cosponsors, including Trey Gowdy, and hacking back acquires new respectability. .

 finally gets a word in edgewise as the conversation shifts to the . He discusses the Modernizing Government Technology Act, the growing  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  or leave a message at +1 202 862 5785.

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