The Cyberlaw Podcast: Interview with Jeanette Manfra

By Stewart Baker
Tuesday, September 19, 2017, 8:06 AM

Our interview is with , DHS’s Assistant Secretary for Cyber Security and Communications. We cover her agency’s binding directive to other civilian agencies to purge Kaspersky software from their systems and her advice to victims of the Equifax breach (and to doctors who think that Abbott Labs’ heart implants don’t need a security patch because no one has been killed by hackers yet). I also ask how she’s doing at expanding civilian agency security from intrusion prevention to monitoring inside networks – and the future of her agency at DHS.

CFIUS is back in the news as . Stephen Heifetz explains what he did and what it means for roughly 15 more deals caught in CFIUS’s toils.

For those who are following the 702 Upstream issue from last week’s episode, a bipartisan group of House Judiciary members has come down on side of the debate, saying they’ll . Whether they can sell the moderates of both parties on that, especially in the Senate, remains to be seen.

Jennifer Quinn-Barabanov explains how bad things have gotten for Equifax:  that will be cast as negligent, , an , , , and the state attorneys general too. I point out that no one has suffered harm from the breach yet and question whether this disaster will look quite so bad in three or four months.

The Trump administration imposes its first cyber attack sanctions, against . Stephen and I note that three astonishingly different Presidents have managed to pursue cyber policies that are more or less indistinguishable from each other.

I suggest a surprising likely victim of the Russian probe: The effort to enshrine in law the requirement that electronic provider content should only be provided in response to a search warrant, not a subpoena. The have . Why? Because the Senate doesn’t issue search warrants. So if Congress adopts a statutory warrant requirement to get electronic content, it will doom Congressional committees to perennial second-class status in future investigations. I doubt Congress is going to want to do that.

In fact, I predict, , as left and right grow increasingly suspicious of the power of social media companies.

Finally, to close out the news on a legal note, Jennifer unpacks two recent and, ahem, .

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