Caveat
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Caveat episodes

  • Threading the needle on consumer privacy laws.

    Guest Aaron Tantleff of Foley & Lardner’s Privacy, Security & Information Management Practice talks with Dave about how the Colorado privacy law differs from CCPA and how companies need to prepare, Ben has an update on Apple’s CSAM scanning plans, and Dave's got the details on Apple’s plans to integrate your official state ID into Apple Wallet.

    While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. 

    Links to stories:

    • Apple delays the rollout of child-safety features over privacy concerns.
    • Initial Details on Using Driver’s Licenses and State ID’s in Apple Wallet

    • Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 

      Learn more about your ad choices. Visit megaphone.fm/adchoices

      44 min
    • Taking up the challenge of cyber citizenship.

      Guests Peter Singer and Lisa Guernsey, co-authors of New America's "Teaching Cyber Citizenship: Bridging Education and National Security to Build Resilience to New Online Threats," join Dave to discuss their work, Ben shares the story of people in Afghanistan scrubbing their online presence. Dave's got the story of US government agencies’ plans to increase the use of facial recognition technology.

      While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. 

      Resources:

      • Afghans are racing to erase their online lives
      • US government agencies plan to increase their use of facial recognition technology
      • Teaching Cyber Citizenship: Bridging Education and National Security to Build Resilience to New Online Threats

      • Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 

        Learn more about your ad choices. Visit megaphone.fm/adchoices

        45 min
      • Apple CSAM: well-intentioned, slippery slope.

        Guest David Derigiotis, Corporate Senior Vice President at Burns & Wilcox, joins Dave and Ben for an in-depth discussion this episode. Departing from our usual format, we take a closer look at the implications of Apple’s recent announcements that they will be enabling scanning for Child Sexual Abuse Materials, CSAM, on iOS devices. We devote the entire episode to this topic and hope you will join us.

        While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. 

        Resources:

        • New York Times article: Are Apple’s Tools Against Child Abuse Bad for Your Privacy?
        • YouTube video: An Update on Apple's CSAM Scanning Plans
        • Accidental Tech Podcast: Episode 443 :A Storm of Asterisks

        • Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 

          Learn more about your ad choices. Visit megaphone.fm/adchoices

          42 min
        • Getting tough with the adversary.

          Guest Jamil Jaffer from IronNet Cybersecurity joins Dave to share some of the key takeaways from President Biden’s Executive Order on cybersecurity, Ben looks at legislation aiming to better protect youngsters online. Dave shares an outline from the folks at Lawfare for more responsible offensive cyber security.

          While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. 

          Links to stories:

          • Blog: 4 key takeaways from Biden’s Executive Order on cybersecurity
          • New bill would update decades-old law governing children’s privacy online, add protection for teens
          • Responsible Cyber Offense

          • Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 

            Learn more about your ad choices. Visit megaphone.fm/adchoices

            36 min
          • Convergence of government and private sector in national security.

            Guest Luke Tenery, Partner at StoneTurn, joins Dave to discuss the recent confirmation of Jen Easterly as director of US Cybersecurity and Infrastructure Security Agency, Ben looks at increased scepticism over the use of gunshot sensing technology, Dave digs into class action lawsuits on the heels of ransomware. 

            While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. 

            Links to stories:

            • Police Are Telling ShotSpotter to Alter Evidence From Gunshot-Detecting AI
            • First came the ransomware attacks, now come the lawsuits

            • Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 

              Learn more about your ad choices. Visit megaphone.fm/adchoices

              42 min
            • An important consumer protection law you may not know about.

              Guest David Derigiotis of Burns & Wilcox joins Dave to discuss protections related to fraud provided by the Electronic Fund Transfer Act, Ben looks at an Appeals Court case on peer-to-peer file sharing and the Fourth Amendment, Dave discusses the FBI’s recent testimony before a Senate Judiciary Committee on whether or not to ban ransomware payments. 

              While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. 

              Links to stories:

              • United States Court of Appeals For the Eighth Circuit No. 20-2570
              • FBI tells Congress ransomware payments shouldn't be banned

              • Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 

                Learn more about your ad choices. Visit megaphone.fm/adchoices

                38 min
              • Hacking back from a policy perspective: a bad idea.

                Guest Anup Ghosh, CEO of Fidelis Cybersecurity, joins Dave to share his views on the private sector hacking back, Ben digs in to the NSO Group Pegasus spyware controversy, Dave looks at a Catholic Priest being outed through deanonymized mobile device data.

                While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. 

                Links to stories:

                • Israeli Spyware Maker Is in Spotlight Amid Reports of Wide Abuses
                • Despite the hype, iPhone security no match for NSO spyware
                • Top U.S. Catholic Church official resigns after cellphone data used to track him on Grindr and to gay bars

                • Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 

                  Learn more about your ad choices. Visit megaphone.fm/adchoices

                  43 min
                • Healthcare cyber insurance is no longer an option.

                  Guest Sumit Sehgal of Armis, and Boston Medical's former CISO, comes on the show to discuss the uptick in cyberattacks on healthcare institutions and why it is no longer an option not to have cyber insurance, Ben takes a closer look at a specially modified Android phone, and Dave discusses how the Trump Administration's Department of Justice got creative in trying to ferret out leakers of classified information. 

                  While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. 

                  Links to stories:

                  • We Got the Phone the FBI Secretly Sold to Criminals
                  • Trump Justice Dept. effort to learn source of leaks for Post stories came in Barr’s final days as AG, court documents show

                  • Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 

                    Learn more about your ad choices. Visit megaphone.fm/adchoices

                    42 min
                  • Encore: A pandemic is a perfect environment for disinformation to thrive.

                    Ben looks at the US Supreme Court’s potential interpretations of the computer fraud and abuse act, Dave's got a report out of the UK on AI algorithm oversight, and later in the show, Dave's conversation with Nina Jankowicz, Disinformation Fellow from the Wilson Center on her book: How to Lose the Information War: Russia, Fake News, and the Future of Conflict.

                    While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. 

                    Links to stories:

                    • Argument analysis: Justices seem wary of breadth of federal computer fraud statute
                    • The algorithms are watching us, but who is watching the algorithms?

                    • Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 

                      Learn more about your ad choices. Visit megaphone.fm/adchoices

                      47 min
                    • Difficulties and biases of online proctored exams.

                      Guest Lauren Daming from Greensfelder, Hemker & Gale, P.C. joins Dave to discuss privacy issues, litigation and best practices concerning universities' use of remote proctoring platforms for exams, Ben shares some follow-up on the Baltimore spy plane, Ben's story examines an FTC memo addressing potential Facebook antitrust claims, Dave's got a story that looks at an Ohio law that could make videotaping the police a crime.

                      While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. 

                      Links to follow-up and stories:

                      • Federal appeals court rebukes Baltimore spy plane program, likely blocks access to cache of remaining footage
                      • UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
                      • Judge Throws Out 2 Antitrust Cases Against Facebook
                      • Actually, the Antitrust Case Against Facebook Is Very Much Alive
                      • Proposed law making cell phone video of cops a crime moves forward by Ohio legislators

                      • Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. 

                        Learn more about your ad choices. Visit megaphone.fm/adchoices

                        36 min

                      About Caveat

                      From the publisher's feed

                      Join us for thought provoking conversations on surveillance, digital privacy, and cybersecurity law and policy in the information age. Each week, hosts Dave Bittner and Ben Yelin break down the…

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