In the latest episode of the Steptoe Cyberlaw Podcast, Jason Weinstein and I cover a host of topics. In the continuing NSA saga, we note the Director’s hints about a possible end to the broad collection of metadata – and the FISA court’s refusal to extend the 5-year retention deadline for NSA’s store of metadata. Was that ruling a defeat for NSA – or the result of a clever litigation strategy? The Steptoe podcasters consider both possibilities.
Bitcoin will deserve a podcast of its own if it keeps acting more like a soap opera than a currency. Jason has the latest.
Meanwhile, taking a second look at the copyright fight over “Innocence of Muslims” Jason and I express some unease about the Ninth Circuit’s method for doing rough justice and speculate on the prospects for en banc review, even as Google finds a way to display the movie, minus one actress’s performance.
In wiretap news, the $21 million Justice Department claim against Sprint for overcharging on wiretaps gets a close look.
As for cybersecurity policy, the Obama administration’s approach is getting the most sincere form of flattery from other nations. China and Europe are once again living out the fantasies of American officials. Except for the FTC, which as far as we can tell is already living in its own fantasy, riding a 50-plus streak of wins to a couple more victories, though one was closer than expected.
Finally, in our interview segment, the former head of cybersecurity at DHS, Mark Weatherford, offers candid views about what’s working at DHS and what’s not, the relationship with NSA, and where things will go from here.