Our guest for Episode 69 is Jason Brown, the Assistant to the Special Agent in Charge of the Cyber Intelligence Section at the US Secret Service. We talk about the Secret Service’s Electronic Crimes Task Forces and their critical role in investigating data breaches affecting financial institutions, retailers and other companies. We also discuss how the Secret Service helps companies prepare for and mitigate their risk of an incident. We talk about issues that impact breach victims’ decisions about whether or how to engage with law enforcement and about how the relationship between law enforcement and Internet providers has changed in the post-Snowden world. Finally, we discuss how the changing jurisprudence relating to electronic searches is impacting the day-to-day conduct of criminal investigations.
In the news roundup, we discuss the dysfunction in the Senate that has led to the (temporary?) lapsing of the 215 program. We mull over the impact of Riley on the Sixth Circuit’s decision in a laptop search case. The DOJ Criminal Division talks about hackback, and Yahoo! faces class certification in an email scanning case. In our “prurient interest” feature, a database of Adult Friend Finder users is for sale online. And we weigh the possible impact of New York’s BitLicense regulations. Once again, Maury Shenk joins us to talk about developments in Europe, including new Dutch breach notification requirements, Skype’s efforts to push back against Belgian intercept law, and discussions about new EU cybersecurity rules that could have a significant impact on US providers.