San Bernardino

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The Cyberlaw Podcast

Steptoe Cyberlaw Podcast: An Interview with Eric Jensen

European news and sensibilities dominate episode 112. I indulge in some unseemly gloating about Europe’s newfound enthusiasm for the PNR data it wasted years of my life trying to negotiate out of the US counterterrorism toolbox. I pester our guest, Eric Jensen, about his work on the Tallinn 2.0 manual covering the law of cyberwar; the manual seems to offer an ever-more-European take on cyberweapons and the law of armed conflict.

Going Dark

My Money's on the FBI Telling Apple...

As readers know, the FBI has accessed the phone of Sayed Farook and the government has withdrawn its motion to compel Apple’s assistance. Paul Rosenzweig and Jason Healy have a wager as to whether or not the FBI tells Apple how it accessed the device within one calendar year. Paul says it won’t disclose, Jason says under a fair application of the Vulnerabilities Equities Process (VEP), it must. Now that there’s a proven method, I want in on the bet.


What the Syrian Refugee Crisis Means for the 2016 Election

The attacks in Brussels on Tuesday morning are a harrowing reminder that global threats to liberal democracy are born domestically as well as abroad. It is incumbent upon lawmakers in Europe and in the United States to respond to concerns about public safety and to put forth a viable strategy to combat violent extremism over the long-term.


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.

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