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Blaise Wabo, Healthcare and Financial Services Director at cybersecurity firm A-LIGN joins Dave to discuss major cyber regulation changes coming to ISO, SOC2, HIPAA, CMMC, NIST Cybersecurity Framework and PCI. Ben shares an interesting federal case on the legal defense of a gentleman forgetting his tablets passcode which landed him in trouble. Dave has an opinion from the EFF on Apple's newest restrictions when it comes to tracking. 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 THIRD CIRCUIT UNITED STATES OF AMERICA v. MICHAEL ANTHONY DASHEM Facebook Says Apple is Too Powerful. They're Right. Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Greg Murphy, CEO of Ordr, joins Dave to share his thoughts on The Strengthening American Cybersecurity Act and what it means to US companies. Ben has an update on the Texas social media platform case, where Republicans are making the case that they are being censored by big social media platforms. Dave's story is on Canadian ISPs being ordered to block pirated streams of hockey games. 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: NHL Broadcasters Win Canada’s First ‘Dynamic’ Pirate IPTV Blocking Order NETCHOICE, LLC, DBA NETCHOICE, ET AL. v. KEN PAXTON, ATTORNEY GENERAL OF TEXAS ON APPLICATION TO VACATE STAY Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Andrea D'Ambra, from Norton Rose Fulbright law firm, joins Dave to discuss their research on litigation and the privacy landscape, as well as how respondents anticipate that cybersecurity and data protection will be a top driver of new disputes in the next several years. Ben's story is on a new Justice Department policy for charging cases under the Computer Fraud and Abuse Act, and Dave's story is on new guidance from the FTC on student privacy issues. 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: Department of Justice Revises Policy for Charging Cases Under the Computer Fraud and Abuse Act FTC Unanimously Adopts Policy Statement on Education Technology and COPPA Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Author, Garrett Graff, joins Ben Yelin to discuss his new book "Watergate: A new history," taking a deep dive into the 1970's scandal, specifically on surveillance and wiretapping and the legality behind it, Ben discusses a newly released court decision on Big Tech platform content moderation that shows a judicial split on the issue, and Dave's story is on the FBI’s surveillance of snapchat users. 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: In the United States Court of Appeals For the Eleventh Circuit FBI Wiretap Opens Window To Murderous Drug Gang—And A Crucial Flaw In Snapchat Privacy Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Kimberly Patlis Walsh, President and Managing Director at Corporate Risk Solutions, joins Dave to discuss the evolution of cybersecurity and the correlating insurance marketplace, Ben's story covers ramifications of legal developments in Texas, and Dave discusses proposed legislation that takes the for-sale sign off the 4th Amendment. 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: Did Fifth Circuit Put Texas In Charge of The Internet? Congress should pass the ‘Fourth Amendment Is Not For Sale Act’ Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Bill Tolson, Vice President of eDiscovery at Archive360 joins Dave to discuss compliance fatigue, Ben's story covers a settlement between the ACLU and Clearview AI, and Dave discusses some tech giants rallying behind a proposed New York Privacy bill. 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: Clearview AI settles suit and agrees to limit sales of facial recognition database. Google, Microsoft and Yahoo back New York ban on controversial search warrants Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Patrick Sullivan from A-LIGN compliance and security discusses privacy implications of modernizing HIPAA and how it will affect healthcare and goes into why its taken this long to update a regulation that was written a decade ago, Ben's story covers an eye-opening footnote from a 9th Circuit court case about internet content collection, and Dave's story is on the surprising number of warrantless searches the FBI conducted last year. 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: Spy report: 3.4M warrantless searches of US data under FISA last year UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Lauren Van Wazer from Akamai shares her thoughts on the implications for the Biden administration’s executive order on cybersecurity, Ben's story is on a new EU landmark law aimed to force big tech companies to tackle illegal content such as limiting how digital giants target users with online ads, Dave's story is on the White house's Cyberwarfare and the power grab they are trying to demonstrate, and describes how cyber defense really became a thing throughout the last few presidential administrations. 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: EU agrees on landmark law aimed at forcing Big Tech firms to tackle illegal content The Biden White House’s Cyberwarfare Power Grab
Paul Innella, CEO of Tetrad Digital Integrity (TDI), discusses their new white paper on Board Risk, as well as clearing up some confusion on what could be next in the new era of Cyber Disclosures (regarding public companies, private equity requirements, Ben's story is on LinkedIn and what is considered hacking versus what is not, and Dave's story is on new technology helping over in the Russia-Ukraine war. 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: Court reaffirms that data scraping isn't hacking in LinkedIn appeal Ukraine is scanning faces of dead Russians, then contacting the mothers
Aaron Painter from Nametag shares the importance of implementing identity in the security/authentication process, not only for data protection, but for building trust within digital interactions, Ben's story comes from "Last week tonight with John Oliver" on data brokers, and Dave's story is on how the US is preparing to deal with Russian attacks. 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: U.S. Says It Secretly Removed Malware Worldwide, Pre-empting Russian Cyberattacks Data Brokers: Last Week Tonight with John Oliver (HBO) Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Matt Malarkey, VP, Strategic Alliances, from Titania provides insight into the civil fraud initiative, Ben's story is on how US law enforcement agencies are accessing your personal information, and Dave shares a story on a SolarWinds bid and how a court denied it for trying to throw out a breach lawsuit. 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: How can US law enforcement agencies access your data? Let’s count the ways Court denies SolarWinds bid to throw out breach lawsuit Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Former Texas Congressman Will Hurd shares his new book, AMERICAN REBOOT, Ben shares a story about a new transatlantic agreement on data privacy, and Dave's story is on the story allegations from the DOJ that Google is playing fast and loose with attorney client privilege. 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: U.S. and European leaders reach deal on trans-Atlantic data privacy. Google routinely hides emails from litigation by CCing attorneys, DOJ alleges Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Aron Solomon from Esquire Digital joins Dave to discuss why the EARN IT Act Matters, Ben shares a recent Federal District court case on geofencing, Dave's story is on how the SEC is proposing new cyber breach disclosure rules. 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: The Fourth Amendment and Geofence Warrants: A Critical Look at United States v. Chatrie SEC votes to propose new rules for cybersecurity disclosure and incident reporting Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Liz Wharton from Scythe joins Ben to discuss the evolving privacy regulatory environment, Ben talks about the reluctance on the part of the United States and Russia to use offensive cyber tools, Dave's story is on the FTC and how they are requiring organizations to delete troublesome algorithms. 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: ‘Not the time to go poking around’: How former U.S. hackers view dealing with Russia The FTC’s new enforcement weapon spells death for algorithms Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Lauren Van Wazer, Akamai's Vice President for Global Public Policy, joins Dave Bittner to discuss their call for robust security in broadband rollout, Ben discusses two recent Supreme Court decisions on the state secrets privilege. Dave has the story of the US senate passing cyber breach notification legislation. 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: C.I.A. Black Sites Are State Secrets, the Supreme Court Rules Supreme Court Sides With F.B.I. in Case on Spying on Muslims The Senate is finally passing big cyber bills Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Jason Sarfati, Chief Privacy Officer and VP of Legal at Gravy Analytics, joins Dave to take a deep dive on what location data is and the approaches that different levels of stakeholders are taking with it, Ben talks about the moment of reckoning for big tech companies during the conflict in Ukraine, and Dave digs deeper into the executive order that enables our government’s intelligence activities. 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: ​​Tech Firm Offers Cops Facial Recognition to ID Homeless People Librarian's lament: Digital books are not fireproof Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guests Mike Theis and Stacy Hadeka from Hogan Lovells join Dave to discuss the False Claims Act (FCA) and how it relates to cybersecurity, Ben has the story of a tech firm offering facial recognition technology to city governments to help them ID homeless people, and Dave shares the struggles of digital libraries in a world of stringent copyright laws. 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: ​​Tech Firm Offers Cops Facial Recognition to ID Homeless People Librarian's lament: Digital books are not fireproof Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Ron Brash from aDolus joins Dave to discuss software attack vectors faced by the shipping community, Ben has the story of two U.S. Senators issuing a new warning about CIA surveillance. Dave's got the story of proposed legislation that puts guard rails on social media algorithms. 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: Dem duo's warning of CIA 'warrantless backdoor searches' revives domestic spying debate New algorithm bill could force Facebook to change how the news feed works Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Patricia Thaine, CEO of Private AI, joins Dave to discuss protecting consumer privacy in developer applications, Ben has the story of the IRS backing off on their plans requiring taxpayers' facial scans for ID, and Dave's story is about the national security implications of the open data market. 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: IRS abandons facial recognition plan after firestorm of criticism The Open Data Market and Risks to National Security Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
Guest Dr. Rois Ni Thuama, Head of Cyber Governance for Red Sift, stops by to talk with Dave about the changing landscape when it comes to governance and how organizations are approaching cyber, Ben discusses the latest on the Pegasus spyware story, Dave ponders the underlying policy issues in the recent controversy at Spotify. 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: F.B.I. Secretly Bought Israeli Spyware and Explored Hacking U.S. Phones Spotify’s Joe Rogan Problem Isn’t Going Away Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you.
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