The Cyberlaw Podcast: News Roundup

By Stewart Baker
Tuesday, April 17, 2018, 6:30 AM

In episode 212 of the podcast, Stewart is at RSA, and Brian Egan, Maury Shenk, and Pete Jeydel of Steptoe are joined by David Kris and Nate Jones of  to cover the good, the bad and the ugly of the week that was.

In U.K. cyber issues: Brian, Maury, David and Nate discuss the U.S.-U.K.-France weekend airstrikes against Syria’s chemical weapons program, and of Russian “cyber retaliation” against the British. We also note the continued trends of intelligence disclosures reflected in by the GCHQ director condemning Russia over the Skripal attack and disclosing U.K. offensive cyber operations against the Islamic State.

David provides insights into the government’s proposed use of a U.S. government “” to conduct a privilege review of the materials seized during the FBI’s raid of Michael Cohen’s offices. Bottom line: (1) Warrants to seize evidence from attorneys are relatively rare but not unprecedented, (2) President Trump and Michael Cohen’s requests to conduct their own screening of the materials probably won’t fly, and (3) a scenario in which an independent special master oversees the review is quite possible (but ).

Maury discusses the latest in the Schrems data protection litigation against Facebook: last week’s unsurprising decision by the Irish high court to refer questions related to the EU Standard Contractual Clauses to the European Court of Justice. Maury explains why he remains skeptical that the EU court will invalidate the use of these clauses.

Pete explains why Treasury is probably considering its (very broad) in answering President Trump’s call for more restrictions on Chinese investments.

And David and Nate discuss the latest in the encryption debates, including a criticizing the FBI’s mishandled attempts to break the encryption of the San Bernadino shooter’s iPhone, and the latest in encryption-decryption litigation before the lower courts.


Steptoe Partner Brian Egan (right) with Nate Jones

The Cyberlaw Podcast is hiring a part-time intern for our Washington, D.C. offices. If you are interested, click .

As always The Cyberlaw Podcast is open to feedback. Send your questions, suggestions for interview candidates or topics to [email protected] or leave a message at +1 202 862 5785.

. We are also on , and  (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.