http://www.lawfareblog.com/2014/05/35072/
By Stewart Baker
Lawfareblog.com
May 14, 2014
This episode of the Steptoe Cyberlaw Podcast features an interview with
Chris Painter, the State Department’s Coordinator for Cyber Issues.
Chris had a long and distinguished career at the Justice Department and
the White House before joining State. Our interview ranges widely. Are
there really norms in cyberconflict, and should the US really encourage
the application of the international law to cyberwar? Who’s joining the
Budapest Convention and what are the alternatives? Are US diplomatic
efforts finally getting out from under the Edward Snowden’s leak? Was
Brazil’s recent Net Mundial conference a victory for US policy goals? What
are the prospects for MLAT reform – and what is its secret connection to
the rise of encryption and other nations’ demands for “localization” of
data storage? And much, much more.
We also summarize the week’s news. For the first time ever, a news outlet
not associated with Glenn Greenwald wins “Dumbest NSA Story of the Month”
honors, as al-Jazeera tries to draw blood from the stoniest FOIA responses
on record. The USA Freedom bill is consolidated in the House, but whether
the bill is actually ready for prime time remains in doubt. And I ask the
question: “Is Snowden a Spy?”
Oracle wins a Federal Circuit victory over Google, establishing that API’s
can be copyrighted. The Federal Circuit cites “Tale of Two Cities” but
others may find Jarndyce v. Jarndyce more in point.
New York State issues a short report on bank cybersecurity practices and
promises to start asking banks about these practices in inspections.
In other litigation, LabMD claims a victory over the FTC, so we decide to
call LabMD’s CEO to get his story; it ain’t pretty. Meanwhile, Snapchat
finds itself exposed at the FTC—for twenty years. Zynga and Facebook
dodge an oncoming privacy truck and get hit by a bicycle—or perhaps a
butterfly. And the ACLU argues that criminal defendants who are acquitted
should have no more privacy rights than those who are convicted.
[...]
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