Cybersecurity & Tech

The Cyberlaw Podcast: Technology and Terror

Stewart Baker
Tuesday, October 10, 2023, 12:26 PM

Published by The Lawfare Institute
in Cooperation With

Today’s episode of the Cyberlaw Podcast begins as it must with Saturday’s appalling Hamas attack on Israeli civilians. I ask Adam Hickey and Paul Rosenzweig to comment on the attack and what lessons the U.S. should draw from it, whether in terms of revitalized intelligence programs or the need for workable defenses against drone attacks. 

In other news, Adam covers the disturbing prediction that the U.S. and China have a fifty percent chance of armed conflict in the next five years—and the supply chain consequences of increasing conflict. Meanwhile, Western companies who were hoping to sit the conflict out may not be given the chance. Adam also covers the related EU effort to assess risks posed by four key technologies.

Paul and I share our doubts about the Red Cross’s effort to impose ethical guidelines on hacktivists in war. Not that we needed to; the hacktivists seem perfectly capable of expressing their doubts on their own.

The Fifth Circuit has expanded its injunction against the U.S. government encouraging or coercing social media to suppress “disinformation.” Now the prohibition covers CISA as well as the White House, FBI, and CDC. Adam, who oversaw FBI efforts to counter foreign disinformation, takes a different view of the facts than the Fifth Circuit. In the same vein, we note a recent paper from two Facebook content moderators who say that government jawboning of social media really does work (if you had any doubts).

Paul comments on the EU vulnerability disclosure proposal and the hostile reaction it has attracted from some sensible people. 

Adam and I find value in an op-ed that explains the weirdly warring camps, not over whether to regulate AI but over how and why.

And, finally, Paul mourns yet another step in Apple’s step-by-step surrender to Chinese censorship and social control.


Download 475th Episode (mp3)

You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

Stewart A. Baker is a partner in the Washington office of Steptoe & Johnson LLP. He returned to the firm following 3½ years at the Department of Homeland Security as its first Assistant Secretary for Policy. He earlier served as general counsel of the National Security Agency.

Subscribe to Lawfare