Caveat
238 episodes - English - Latest episode: 3 days ago - ★★★★★ - 83 ratingsJoin us for thought provoking conversations on surveillance, digital privacy, and cybersecurity law and policy in the information age. Each week, hosts Dave Bittner and Ben Yelin break down the headlines, legal cases, and policy battles that matter most.
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Episodes
A hand in crafting cybersecurity legislation.
May 18, 2023 05:00 - 57 minutesThis week our guest is Ben Yelin, and he and Dave both sit down to discuss some recent cybersecurity legislation that he had a hand in crafting. Ben talks about a case dealing with the timing of computer search warrants. Dave looks at copyright and Apple’s loss in court in an iOS case. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. Links to sto...
Being on top of your data consent.
May 11, 2023 05:00 - 58 minutesMark Ailsworth from Opaque Systems joins Dave to discuss how if enterprises are not already on top of their own data consent and privacy mechanisms, they’re one critical step behind their competitors. Ben has the story of litigants arguing in court that real videos are Deep Fakes. Dave looks to Ben for better understanding of what the heck is going on with the Supreme Court. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For offic...
Your approach to efficient security compliance.
May 04, 2023 05:00 - 43 minutesThis week our guest is, Nick Means from Sym, he sits down with Dave to discuss how to build a compliance program without tanking your engineering velocity. Ben has the story of a Pennsylvania case on whether people have a reasonable expectation of privacy in Google searches. Dave's story takes a look at the notion of a “Defensive Search” exception to the Fourth Amendment. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official...
Encore: The Supreme Court's supreme security breach.
April 27, 2023 05:00 - 44 minutesDov Lerner, Security Research Lead at Cybersixgill, discusses how things that would have been considered off-limits are now routine. He specifically get into new research showing several instances of personal information exposed of the five conservative U.S. Supreme Court Justices in the wake of Roe V. Wade being overturned. Ben talks through a proposed expansion of video surveillance in San Francisco. Dave's story is on an insurance company calling foul on a client’s lack of multi-factor aut...
The U.S. Government and a cybersecurity budget.
April 20, 2023 05:00 - 48 minutesThis week, our guest Ilona Cohen from HackerOne sits down with Ben to discuss Biden's Cyber Strategy and National Budget allocations for cybersecurity. Ben has the story of a proposed Montana state law to ban the popular social media app TikTok. Dave's got the story of the FTC taking action against an Amazon merchant who is deceiving supplement consumers. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on ...
Addressing National Cyber Strategy.
April 13, 2023 05:00 - 56 minutesDanielle Jablanski from Nozomi Networks to joins Dave to discuss one year of Shields Up as it relates to the National Cyber Strategy and one year of the Ukraine conflict. Ben brings us the story of Immigration and Customs Enforcement using its authority to gather data from schools and medical clinics. Dave's got the story of ChatGPT’s lies and the Biden administration’s possible regulatory reaction. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitut...
Insurable cyberattacks?
April 06, 2023 05:00 - 49 minutesLee Rossey, CTO from SimSpace, sits down with Dave to discuss "are cyber attacks still insurable?" following the World Economic Forum's Global Cybersecurity Outlook 2023 report. Ben discusses the RESTRICT Act, a bill making its way through Congress. Dave's got the story of the non-profit Future of Life Institute calling for a pause in generative AI experimentation. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal ...
Measuring the competitive advantage of compliance.
March 30, 2023 05:00 - 43 minutesMetin Kortak, CISO from Rhymetec, to discuss how to make compliance a competitive advantage. Ben shares news of a Biden Executive Order on commercial spyware after it may have been abused to spy on "autocracies — and some democracies." Dave took a look at export controls and whether they really make a difference when it comes to invasive software. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of t...
The technology challenges of national archives regulations.
March 23, 2023 05:00 - 57 minutesGuest Bill Tolson of Archive360 joined Dave Bittner to discuss the M-19-21 extension for document management and the technology shortcomings for moving forward. Ben Yelin shares a New York City court case about biometric surveillance at Amazon Go, its brick and mortar store chain. Dave looks at new and potential regulatory moves from a pair of government agencies. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal a...
A blueprint of the CCPA.
March 16, 2023 05:00 - 50 minutesDr. Eric Cole from Theon Technology discussing how the rollout of The California Consumer Privacy Act (CCPA) could impact businesses, the latest developments, and what this means for future data breaches. Ben's story talks about a case of an overbroad warrant for Ring Doorbell data. Dave looks at software liability and whether it may see increased scrutiny from the Biden administration. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advi...
Encore: The ever-evolving cybersecurity field.
March 09, 2023 06:00 - 48 minutesGuest Kimberly Patlis Walsh, President and Managing Director at Corporate Risk Solutions, joins Dave to discuss the evolution of cybersecurity and the correlating insurance marketplace, Ben's story covers ramifications of legal developments in Texas, and Dave discusses proposed legislation that takes the for-sale sign off the 4th Amendment. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topi...
Cybersecurity and SMEs.
March 02, 2023 06:00 - 46 minutesThis week, Ben speaks with Melanie Teplinsky, Senior Fellow at American University's Washington College of Law to discuss cybersecurity for innovative small and medium sized enterprises (SMEs). Ben and Dave both share thoughts and discuss what happened at the much anticipated Supreme Court oral arguments for Gonzalez v. Google, a major Section 230 case. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on a...
The stand up of U.S. Cyber Command.
February 23, 2023 06:00 - 46 minutesCharlie Moore, who is a former Deputy Commander of U.S. Cyber Command is discussing the stand up of U.S. Cyber Command, the development of U.S. cyber policy, and the development of DoD Cyber Policy. Ben discusses a proposed California law that would restrict so-called “reverse warrants.” Dave's got a story on the ruling from the fourth circuit on the first amendment right to film police. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advi...
Data privacy around the world.
February 16, 2023 06:00 - 53 minutesAnnick O'Brien, Global Data Privacy Lawyer at CybSafe sits down with Dave to discuss data privacy around the world, data minimization, GDPR and how tech companies are fighting against regulations. Ben's story talks about the debate around reauthorizing Section 702 of the FISA Amendments Act. Dave's story covers data brokers capitalizing on the recent boom in mental health and the online data associated with tele-health and therapy apps. While this show covers legal topics, and Ben is a lawyer...
Surveillance and the threat to press freedom.
February 09, 2023 06:00 - 47 minutesCarrie DeCell, Senior Staff Attorney of Knight First Amendment Institute at Columbia University, sits down to discuss the threat malicious surveillance technology poses to press freedom around the world. Dave and Ben share some listener follow up from Steve, who writes in asking about the Google Algorithm case before the Supreme Court. Ben discusses the debate around the nationwide ban on TikTok. Dave has the story on encryption technology that may improve online privacy. While this show cove...
Safely and securely moving to the cloud.
February 02, 2023 06:00 - 47 minutesWillie Hicks, Federal Chief Technologist from Dynatrace, sits down to discuss accelerated adoption and use of secure cloud infrastructure and services by the federal government. Ben’s story is on a new academic paper on the terms of service documents provided by different internet providers, and whether they alter Fourth Amendment rights. Dave discusses the story of a recent federal court ruling on a section 230 case. While this show covers legal topics, and Ben is a lawyer, the views express...
Are there complications with digitizing healthcare?
January 26, 2023 06:00 - 47 minutesThis week, the CyberWire's UK Correspondent, Carole Theriault is discussing digitalization of healthcare with former BBC guru Rory Cellan Jones. Ben discusses a recent op-ed about the “danger of privacy at all costs” and response from critics. Dave's story is about the Supreme Court asking the Biden administration for input on social media laws in Florida and Texas. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal...
The relationship between organizations and their data.
January 19, 2023 06:00 - 54 minutesStephen Cavey, co-founder and chief evangelist from GroundLabs sits down with Dave to discuss the relationship between organizations and their data. Ben has the story of lawyers being denied entry to Madison Square Garden as the result of facial recognition software. Dave's got the story of some law professors worried about the new app sweeping the nation, ChatGPT. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal ...
New year, new data privacy.
January 12, 2023 06:00 - 48 minutesChris Gray from Deepwatch joins Dave to discuss 2022's shifts, as well as expectations in 2023 for data privacy from an international regulation standpoint. Ben's story covers a Seattle Public School District lawsuit against big tech companies, including TikTok, YouTube, and Instagram. Dave's got the story of an AI avatar generator that just can’t seem to resist sexualizing Asian women. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advic...
Inside the largest data breaches in world history.
January 05, 2023 06:00 - 45 minutesAndrew Hollister of LogRhythm joins Dave to discuss the Shanghai National Police data exposure incident, and how whether or not we will know the full details of one of the largest data breaches in world history. Ben's story discusses a groundbreaking Wisconsin court case relating to files stored in Dropbox, while Dave revisits the legality of AI generated code as a copyrights storm may be brewing. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute ...
Encore: Do copyright laws threaten the open market?
December 29, 2022 06:00 - 49 minutesJournalist Glyn Moody joins Ben to discuss his new book and specifically to focus on how copyright laws threaten the open market of ideas on the internet, and how the copyright world is throttling creativity in the digital realm. Ben shares a story on a new Executive Order from President Biden on surveillance and data sharing with the European Union. Dave's got the story of the consequences of a community banning ransomware payments. While this show covers legal topics, and Ben is a lawyer, t...
Diversity, equity, and inclusion in the workplace.
December 22, 2022 06:00 - 45 minutesBetsy Cooper, Director of the Aspen Tech Policy Hub sits down with Dave to discuss their recent research on diversity, equity, and inclusion in the workplace. Dave and Ben share some follow up on one previous episode on not being allowed to update OS on regulated medical devices. Ben shares the shocking story of Roombas, the self driving vacuum, and how they are taking private photos inside people’s houses. Dave looks at the possibility of the federal government providing a cyber insurance ba...
The promise of equal digital identity.
December 15, 2022 06:00 - 55 minutesRicardo Amper, the founder and CEO of Incode sits down with Dave to share his thoughts on the egalitarian promise of digital identity. Ben's story talks about about the State of Indiana taking legal action against TikTok after alleged security and child safety violations. Dave takes a look at the collapse of the FTX exchange and the arrest of its founder, Sam Bankman-Fried after the U.S. files charges. While this show covers legal topics, and Ben is a lawyer, the views expressed do not consti...
Follow the money along the blockchain.
December 08, 2022 06:00 - 56 minutesGuest Alex Iftimie of Morrison Foerster to discuss how the Department of Justice seized nearly $500,000 in ransomware payments made to a North Korean hacking group that targeted U.S. medical providers. Dave and Ben have some follow-up about GitHub Copilot from listeners Micah and Steve. In his story, Ben explores the potential legal and policy issues surrounding the new AI chatbot, ChatGPT. Dave has a case which questions the legality of livestreaming the police. While this show covers legal ...
Patching healthcare cybersecurity risks.
December 01, 2022 06:00 - 46 minutesSam Heiney, Impero's VP of Products, sits down with Dave to discuss patching healthcare cybersecurity risks in the Internet of Medical Things. Ben discusses a lawsuit that takes aim at artificial intelligence technology that generates its own computer code. Dave's got the story of dozens of human rights and LGBTQ+ organizations writing to Congress in opposition of a Kids Online Safety Act. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal ad...
Privacy Briefing: Notes on the Ducktail information stealer. Increased VPN demand during the World Cup. [CW Pro]
November 24, 2022 21:00 - 3 minutesNotes on the Ducktail information stealer. Increased VPN demand during the World Cup. Learn more about your ad choices. Visit megaphone.fm/adchoices
Ensuring privacy is baked in every step of the way.
November 17, 2022 06:00 - 44 minutesChris Handman, Co-Founder & COO from TerraTrue, sits down with Dave to discuss how he works to transform legal teams into advocates and collaborators that can ensure privacy is baked in every step of the way. Ben shares the story of the how close the FBI potentially came to deploying spyware. Dave's got the story of Google’s nearly four hundred million dollar settlement over location privacy data. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute ...
Security in elections.
November 10, 2022 06:00 - 40 minutesMike Hamilton Former CISO of Seattle and CISO at Critical Insight, sits down with Dave to talk about election security including ransomware, disinformation, natural disasters and online voting options. Ben's story follows an effort to keep Big Tech from taking over peoples cars and whose helping. Dave's got a look at facial recognition technology in Texas. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on...
Privacy Compliance and Culture.
November 03, 2022 05:00 - 53 minutesChristina Montgomery, Vice President and Chief Privacy Officer at IBM, sits down with Ben to discuss “Privacy Compliance Is Cultural: The Need for Diverse & Inclusive Perspectives in Data Governance & Regulation.” Ben's story discusses a possible new “right to repair” law in New York state. Dave's story is about Twitter and how they have a new boss, as well as if this new boss has made the right decision. While this show covers legal topics, and Ben is a lawyer, the views expressed do not con...
How is misinformation impacting people online?
October 27, 2022 05:00 - 39 minutesBeth Goldberg, the Head of Research from Jigsaw sits down with Dave to discuss how misinformation could have an impact on people online. Ben shares the story of a harsh FTC order against Drizly, an alcohol delivery company, and its CEO for data privacy abuses. Dave brings us the story of how the DOJ is accusing 10 Chinese spies and government officials of ‘malign schemes.’ While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For officia...
The push back on cyber reporting regulations.
October 20, 2022 05:00 - 44 minutesBill Bernard, Managing Director of Solutions Architecture from Deepwatch, sits down with Dave to discuss industry pushback on cyber reporting regulations. Ben's story is focused on a novel court decision on geofence warrants in California. Dave's got the story of a $228 million judgment in the first biometrics privacy class action to go to trial in Illinois after a company called BNSF Railway Co. wrongfully collected employee fingerprints without proper consent. While this show covers legal t...
Do copyright laws threaten the open market?
October 13, 2022 05:00 - 49 minutesJournalist Glyn Moody joins Ben to discuss his new book and specifically to focus on how copyright laws threaten the open market of ideas on the internet, and how the copyright world is throttling creativity in the digital realm. Ben shares a story on a new Executive Order from President Biden on surveillance and data sharing with the European Union. Dave's got the story of the consequences of a community banning ransomware payments. While this show covers legal topics, and Ben is a lawyer, t...
Should Safe Harbor laws be enacted country-wide?
October 06, 2022 05:00 - 47 minutesScott Holewinski from Arctic Wolf sits down with Dave to discuss how enacting country-wide Safe Harbor laws will promote more incident response self-reporting in the industry. Ben and Dave go over some listener follow up regarding the first amendment and profanity. Ben discusses the Supreme Court taking up section 230 of the communications decency act. Dave’s got the story of a judge in Buenos Aires declaring facial recognition software unconstitutional. While this show covers legal topics, a...
Breaking down the Gramm-Leach-Bliley Act.
September 29, 2022 05:00 - 40 minutesGuest Bob Maley from Black Kite joins Dave to discuss the Gramm-Leach-Bliley Act (GLBA), federal regulation that requires financial institutions to safeguard sensitive customer information. Ben discusses a new lawsuit filed against a local public utility for providing user data to law enforcement. Dave's got the story of California’s Age-Appropriate Design Code Act. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal...
How will cybersecurity insurance change in the coming years?
September 22, 2022 05:00 - 47 minutesGary Brickhouse former Security & Compliance Architect for Disney and CISO of cybersecurity firm GuidePoint Security joins Dave to discuss where we will see continued changes when it comes to cybersecurity insurance as the economy tanks, recession hits and cyber criminals take advantage. Ben discusses the 5th circuit’s controversial take on content moderation. Dave's got the story of the Pentagon taking a closer look at its covert psychological operations. While this show covers legal topics,...
Prioritizing data, security, and observability.
September 15, 2022 05:00 - 39 minutesTim Eades, CEO of vArmour, sits down with Dave to talk about why all security professionals need to prioritize data, security, and observability. Ben's story discusses a court decision on standing in data breach cases, giving hope to plaintiffs in class-action lawsuits. Dave’s got a story on the city of Baltimore spending nearly a million dollars to upgrade their stingray, which could ramp up cellphone tracking. While this show covers legal topics, and Ben is a lawyer, the views expressed do ...
Edward Snowden and whistleblower ethics.
September 08, 2022 05:00 - 50 minutesThis week, Ben Yelin sits down with Robert Carolina, Senior Fellow with the Information Security Group at Royal Holloway University of London, to share about the discussion he had with the University of Dayton's School of Law about Snowden & whistleblower ethics. Ben's story takes a look at Cloudflare’s decision to cut service to Kiwi Farms. Dave's got the first report from the U.S. Congressional Research Service on the metaverse. While this show covers legal topics, and Ben is a lawyer, the ...
Twitter's data privacy battle.
September 01, 2022 05:00 - 51 minutesChris McLellan from Data Collaboration Alliance joins Dave to discuss Twitter and how they are to pay out $150 million in the battle over data privacy. Ben shares a story on a recent Maryland case dealing with particularity requirements for cell phone searches. Dave's got the story of the Federal Trade Commission suing an online data broker over surveillance concerns. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official le...
Encore: Let's talk about Facebook's research.
August 25, 2022 05:00 - 45 minutesOur guest is author and journalist Steven Levy. He’s editor-at-large at Wired and his most recent book is "Facebook: The Inside Story. Steven offers his insights on Facebook’s internal research teams, Ben shares a newly-decided court case on whether Big Tech companies can be sued under the Anti-Terrorism statute, and Dave's got the story of some warrantless surveillance being declared unconstitutional in Colorado. While this show covers legal topics, and Ben is a lawyer, the views expressed ...
The U.S. and China's cyber relationship.
August 18, 2022 05:00 - 44 minutesLuke Tenery from StoneTurn joins Dave to discuss the OPM breach, including a look back at this hack, what the fallout has been, and what has changed in the U.S.- Chinese cyber relationship. Ben shares an appeals court case on free speech rights and social media. Dave has a story of online health tracking services oversharing with the popular social media app, Facebook. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official l...
Is privacy included?
August 11, 2022 05:00 - 38 minutesThis week, Carole Theriault interviews Jen Caltrider from Mozilla's *Privacy Not Included talking about the initiative as well as privacy related to apps they've reviewed. Ben shares the story of how a geofence warrant for data from 2015 might be the deciding factor in a death penalty case. Dave has a story on the FBI compelling someone to open an app with their face. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official leg...
What would a federal privacy act mean for brands?
August 04, 2022 05:00 - 44 minutesThis week, Matt Voda from OptiMine joins Dave to discuss what a federal privacy act would mean for brands. Ben discusses FTC’s bold new legal strategy against Big Tech. Dave's got the story of data brokers selling information on pregnancies. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. F.T.C. Chair Upends Antitrust Standards With Meta Lawsui...
Ethically gaining and maintaining users.
July 28, 2022 05:00 - 49 minutesMark DiMassimo, Founder & Creative Chief of Creative Agency from DiGo to discuss the challenges that social media platforms face when trying to reconcile their need for growth against their desire to behave in an ethical way for the benefit of their users. Ben's story is on the Department of Homeland Security collecting substantial amounts of user location data. Dave's story is on potential privacy legislation at the federal level that actually has a shot at passing. While this show covers le...
The Supreme Court's supreme security breach.
July 21, 2022 05:00 - 44 minutesDov Lerner, Security Research Lead at Cybersixgill, discusses how things that would have been considered off-limits are now routine. He specifically get into new research showing several instances of personal information exposed of the five conservative U.S. Supreme Court Justices in the wake of Roe V. Wade being overturned. Ben talks through a proposed expansion of video surveillance in San Francisco. Dave's story is on an insurance company calling foul on a client’s lack of multi-factor aut...
Could new privacy police alter views on cybersecurity?
July 14, 2022 05:00 - 40 minutesBrian Gant, an Assistant Professor of Cybersecurity at Maryville University, joins Dave to discuss how California's new 'privacy police' will affect views on cybersecurity. California has implemented a new Privacy Protection Agency aimed at regulating how companies can collect and use the data of their customers. Brian shares how an agency like this is altering state and national views on cybersecurity. Ben explains why the Elon Musk and Twitter dispute will be resolved by a special Court in ...
Is the American Innovation and Online Choice Act beneficial?
July 07, 2022 05:00 - 50 minutesMatt Kent, Competition Policy Advocate at Public Citizen, joins Ben to break down the American Innovation and Online Choice Act and discuss possible benefits. Ben's story discusses a new algorithmic model that claims to predict crimes before they happen and if, in fact, it actually works or not. Dave's got the story of legislators in Japan looking to open up big tech companies' algorithms, including such companies as Google, Amazon and Facebook. While this show covers legal topics, and Ben is...
The future of cyber legislation.
June 30, 2022 05:00 - 42 minutesGary Buonacorsi, Tanium’s SLED CTO and Chief IT Architect, joins Dave to discuss Cyber Incident Reporting for the Critical Infrastructure Act. Ben and Dave share some listener follow up from a listener who spent some time being a U.S. Marshall, and their input on a recent episode where someone had a fake warrant out for their arrest. Ben's story follows the recent overturn of Roe v. Wade and shares how to not leave a digital footprint if you are looking for an abortion. Dave's story dives int...
What new major cyber regulatory changes are coming?
June 23, 2022 05:00 - 46 minutesBlaise Wabo, Healthcare and Financial Services Director at cybersecurity firm A-LIGN joins Dave to discuss major cyber regulation changes coming to ISO, SOC2, HIPAA, CMMC, NIST Cybersecurity Framework and PCI. Ben shares an interesting federal case on the legal defense of a gentleman forgetting his tablets passcode which landed him in trouble. Dave has an opinion from the EFF on Apple's newest restrictions when it comes to tracking. While this show covers legal topics, and Ben is a lawyer, th...
The strength of cybersecurity in America.
June 16, 2022 05:00 - 40 minutesGreg Murphy, CEO of Ordr, joins Dave to share his thoughts on The Strengthening American Cybersecurity Act and what it means to US companies. Ben has an update on the Texas social media platform case, where Republicans are making the case that they are being censored by big social media platforms. Dave's story is on Canadian ISPs being ordered to block pirated streams of hockey games. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice....
Encore: Pay the ransom anyway regardless of payment ban?
June 09, 2022 05:00 - 40 minutesGuest Mark Lance from GuidePoint Security talks with Dave about the FBI's recent advice not to ban ransom payments, some listener follow-up from Kevin who asks for ways a company or small business could keep their security gaps out of courts, Ben shares the story of a judge allowing a lawsuit against Apple alleging privacy violation in its use of Siri, Dave's got the details on trade groups lobbying for streamlined breach reporting standards. While this show covers legal topics, and Ben is a ...