Our guest for episode 61 of the Cyberlaw podcast is Joseph Nye, former dean of the Kennedy School at Harvard and three-time national security official for State, Defense, and the National Intelligence Council. We get a magisterial overview of the challenge posed by cyberweapons, how they resemble and differ from nuclear weapons, and (in passing) some tips on how to do cross-country skiing in the White Mountains.
In the news roundup, Meredith Rathbone explains details of the new sanctions program for those who carry out cyber attacks on US companies. I mock the tech press reporters who think this must be about Snowden because, well, everything is about Snowden. Michael Vatis endorses John Oliver’s very funny interview of Edward Snowden. Not just funny, it’s an embarrassment to all the so-called journalists who’ve interviewed Snowden for the last year without once asking him a question that made him squirm. In contrast, Oliver almost effortlessly exposes Snowden’s dissembling and irresponsibility. He hits NSA below the belt as well.
Ben Cooper explains the Ninth Circuit decision refusing to apply disability accommodation requirements to web-only businesses (he filed an amicus brief in the case), and we speculate on the likelihood of a cert grant.
While we’re speculating on judicial outcomes, Maury Shenk takes us through the arguments over the data protection Safe Harbor before the European Court of Justice. We both think the arguments suggest considerable hostility toward the Safe Harbor. An unfavorable ECJ decision could greatly complicate the lives of companies that depend on it to allow extensive data transfers across the Atlantic. And great complications are exactly what we expect.