Published by The Lawfare Institute
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In episode 132, our threepeat guest is Ellen Nakashima, star cyber reporter for the Washington Post. Markham Erickson and I talk to her about Vladimir Putin’s endless appetite for identifying—and crossing—American red lines, the costs and benefits of separating NSA from Cyber Command, and the chances of a pardon for Edward Snowden. Ellen also referees a sharp debate between me and Markham over the wisdom of changing Rule 41 to permit judges to approve search warrants for computers outside their district.
In the news roundup, Meredith Rathbone explains the remarkably aggressive, not to say foolish, European proposal to impose export controls on products that would enable state surveillance in cyberspace. Apparently locked in a contest with Brussels over who can propose the dumbest regulation of cyberspace, California has adopted a law that purports to prohibit entertainment sites like IMDb from publishing the true ages of actors and actresses. Markham and I debate the constitutionality of the measure.
In other California news, Markham brings us up to date on the surveillance lawsuit against Google. He also explains the deep Washington maneuvering over FCC Chairman Wheeler’s plan for cable set top boxes. I call for a rule that requires cable CEOs to wait at home for days of rescheduled calls to find out whether they’re going to get the result they want.
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The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.