Remarks delivered to the 29th annual National Security Agency Law Day on June 8.
Latest in Cybersecurity
The FTC Takes a Loss. The Federal Trade Commission has been setting itself up as the regulator of private-sector cybersecurity. That effort took a hit this week when the 11th Circuit ruled that its standards were too indefinite. "In sum . . . the Commission’s cease and desist order is nonetheless unenforceable. It does not enjoin a specific act or practice. Instead, it mandates a complete overhaul of LabMD’s data-security program and says precious little about how this is to be accomplished.
There might be some merit to the president’s change of heart on ZTE. But the manner in which the decision was reached is disturbing.
Aleksandr Kogan, Cambridge Analytica and Facebook face a dizzying array of legal problems. In an attempt to clear its good name, Facebook is creating the political conditions for its downfall.
Today's Bits and Bytes has a nice collection of news—from privacy to security to Chinese espionage. Enjoy.
What to make of the proposed change in the draft Nuclear Posture Review.
The Microsoft warrant case in the Supreme Court involves a demand by the U.S. government that Microsoft repatriate content data stored in a data center in Ireland and provide it to DOJ. The case raises a number of deeply interesting and complex issues about law enforcement cooperation; extraterritoriality of Ameican law; commercial matters; data privacy concerns; and implications for reciprocal sovereignity in a digitized world. Along with many far more notable former officials, I joined an amicus brief filed the other day in support of neither party. Here's a copy:
We need a national strategy for securing elections.
The next National Defense Authorization Act (the NDAA FY’18) is nearing the finish line. A Conference Report is now available, and so the time has come for a closer look at some of the key provisions of interest to Lawfare readers. My colleague Scott Anderson is going to post a broad overview shortly. For my part, I’d like to walk you through the “Cyberspace-Related Matters” section (sections 1631-1649C).
Alan Cohn and I did a one-hour explanation of the fuss over the Wassenaar Arrangement, intrusion software, and cybersecurity on Friday. Because we did it for the Federalist Society’s Regulatory Transparency Project, we tried to link this international regulatory initiative to broader lessons about regulating technology in today’s world. One of the lesser lessons: European officials will always be invited to better lunches than their American counterparts.
If you’d like to listen, here’s the link: