This episode of the Steptoe Cyberlaw Podcast features an interview with Chris Painter, the State Department’s Coordinator for Cyber Issues. Chris had a long and distinguished career at the Justice Department and the White House before joining State. Our interview ranges widely. Are there really norms in cyberconflict, and should the US really encourage the application of the international law to cyberwar? Who’s joining the Budapest Convention and what are the alternatives? Are US diplomatic efforts finally getting out from under the Edward Snowden’s leak? Was Brazil’s recent Net Mundial conference a victory for US policy goals? What are the prospects for MLAT reform – and what is its secret connection to the rise of encryption and other nations’ demands for “localization” of data storage? And much, much more.
We also summarize the week’s news. For the first time ever, a news outlet not associated with Glenn Greenwald wins “Dumbest NSA Story of the Month” honors, as al-Jazeera tries to draw blood from the stoniest FOIA responses on record. The USA Freedom bill is consolidated in the House, but whether the bill is actually ready for prime time remains in doubt. And I ask the question: “Is Snowden a Spy?”
Oracle wins a Federal Circuit victory over Google, establishing that API’s can be copyrighted. The Federal Circuit cites “Tale of Two Cities” but others may find Jarndyce v. Jarndyce more in point.
New York State issues a short report on bank cybersecurity practices and promises to start asking banks about these practices in inspections.
In other litigation, LabMD claims a victory over the FTC, so we decide to call LabMD’s CEO to get his story; it ain’t pretty. Meanwhile, Snapchat finds itself exposed at the FTC---for twenty years. Zynga and Facebook dodge an oncoming privacy truck and get hit by a bicycle---or perhaps a butterfly. And the ACLU argues that criminal defendants who are acquitted should have no more privacy rights than those who are convicted.