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The Lawfare Podcast

The Lawfare Podcast: Daniel Weitzner and Benjamin Wittes on Going Dark and the Fallout from Apple v. FBI

Apple and the FBI may have settled the litigation over the San Bernadino iPhone, but that doesn’t mean the fight is over. With Congress on the verge of considering new legislation to compel technology companies to decrypt data, the Going Dark debate is alive and well.


The McCaul-Warner Digital Commission Can Be a Value-Add. Here’s How.

On February 29, 2016, Homeland Security Committee Chairman Michael McCaul and Senator Mark Warner, a bipartisan team, introduced legislation to create a National Commission on Security and Technology Challenges; a “Digital Commission.” In support of their effort, McCaul and Warner secured over 30 co-sponsors, as well as support from several former senior national security officials, law enforcement representatives, industry associations, and technology and security companies.


The Very Definition of Digital Age Chutzpah

Bloomberg Business is reporting that now that the FBI may have a way into the San Bernadino shooter’s iPhone, Apple wants it to disclose what it’s doing. “Apple lawyers on Monday said that if the case proceeds, the company would want the government to share the nature of the vulnerability it found in the iPhone,” the story reads.


EU Commission Press Release on New EU-US Privacy Shield

U.S. and European Union data-regulators today reached a new legal framework that will govern the transfer of data across the Atlantic. The new agreement—called the E.U.-U.S. Privacy Shield—will replace the Safe Harbor agreement that was struck down by the European high court in October. That ruling, largely informed by news reports regarding U.S. surveillance practices, claimed that the United States did not adequately protect the privacy of Europeans. Even so, European and American negotiators appeared positive today that the new agreement will withstand court scrutiny.


Happy Data Privacy Day: On the Essential Link between Data Processing and Security

Today is Data Privacy Day, an annual event in which I am — rather proudly — personally invested. Data Privacy Day began with a conversation at my dinner table eight years ago, when Leonardo Cervera Navas (then with the European Commission and now with the European Data Protection Supervisor’s office) and Jolynn Dellinger (then with Intel and now with Minding Privacy) joined my family for dinner.

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