Caveat
238 episodes - English - Latest episode: 2 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
Huawei statements are not as strong as before.
July 08, 2020 05:00 - 38 minutesDave's got the story of a school district in hot water over facial recognition issues, Ben has the story of protesters being tracked via their mobile devices, and later in the show our conversation with Shannon Vavra with CyberScoop on her recent article, "Huawei execs admit they don't know whether their tech is used for surveillance." 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...
Policy is a mess.
July 01, 2020 05:00 - 44 minutesDave's got the story of the IRS giving up on location data, Ben has the story of a man wrongfully arrested due to a facial recognition match, and later in the show our conversation with Fred Cate, Vice President for research at Indiana University and author of the book "Bulk Collection: Systematic Government Access to Private-Sector Data." 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...
Code is law.
June 24, 2020 05:00 - 44 minutesDave's got the story of how the FBI used open source intelligence to track down an alleged arsonist, Ben describes a facial recognition test that took place at the Rose Bowl, and later in the show our conversation with Maureen Webb on her forthcoming book, Coding Democracy: How Hackers Are Disrupting Power, Surveillance, and Authoritarianism. 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 to...
Building public trust.
June 17, 2020 05:00 - 41 minutesDave's got the story of law enforcement using enhanced Stingray technology, Ben explains why IBM is no longer pursuing facial recognition technology, and later in the show our conversation with John Ackerly, CEO of Virtru Corporation. We’ll be discussing protecting our right to privacy in the midst of the COVID-19 pandemic. 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, ple...
Cybersecurity at the global, national, and state levels.
June 10, 2020 05:00 - 46 minutesDave's got the story of a class action privacy suit targeting Google, Ben takes a look at surveillance in a time of protests and unrest, and later in the show our interview with Maryland State Senator Katie Fry Hester. 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 stories: America is awash in cameras, a double-edged sword for proteste...
Pushing the CCPA.
June 03, 2020 05:00 - 51 minutesDave’s got the story of a judge ruling that powering up a mobile device requires a warrant, Ben takes a look at Twitter adjusting their policies in response to the President, and later in the show our conversation with Ken Dort, data privacy lawyer at Faegre Drinker on insights into the online data-privacy bills under consideration in New Jersey. 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 th...
Tech and Cyber Competition with China.
May 27, 2020 05:00 - 44 minutes - 40.4 MBDave describes how law enforcement may be using a new technique to access suspects’ iPhones, Ben takes a look at a Senate vote that may signal surveillance reform, and later in the show our conversation with Adam Segal, Senior Fellow at Council on Foreign Relations on tech and cyber competition with China. 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...
Tech and cyber competition with China.
May 27, 2020 04:00 - 46 minutesDave describes how law enforcement may be using a new technique to access suspects’ iPhones, Ben takes a look at a Senate vote that may signal surveillance reform, and later in the show our conversation with Adam Segal, Senior Fellow at Council on Foreign Relations on tech and cyber competition with China. 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 at...
The different implications of surveillance.
May 20, 2020 05:00 - 37 minutesDave has the story of the potential expansion of the Patriot Act. Ben takes a look at hacking tools that were offered up to local law enforcement. And later in the show my conversation with Alan Z. Rozenshtein, associate professor of law at University of Minnesota. We’re discussing his recent article in Lawfare, Government Surveillance in an Age of Pandemics. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice...
Privacy is a human right.
May 13, 2020 05:00 - 54 minutesDave has the story of a facial recognition research project that claims to be able to predict criminality, Ben takes a look at privacy in the face of contact tracing app and coronavirus, and later in the show our conversation with Jules Polonetsky, CEO of the Future of Privacy Forum on how privacy is better understood as a human right, privacy risks that will grow in prominence during the 2020s, and rising technologies that will be used to manage privacy over the next decade. While this show ...
If there's cyberwar, are there cyber war crimes?
May 06, 2020 05:00 - 41 minutesDave has the story of a US appeals court asking why a Facebook encryption order should remain sealed, Ben takes a look at the effects of GDPR, and later in the show our conversation with Tarah Wheeler, she is a Cybersecurity Policy Fellow at New America, we spoke about why the world desperately needs digital a Geneva Convention. 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,...
You will pay for that one way or another.
April 29, 2020 05:00 - 37 minutesDave's got the story of a landlord who may run afoul of the Computer Fraud and Abuse Act, Ben wonders if the big tech CEOs could be held liable for contact tracking apps, and later in the show my conversation with Joseph Cox. He is a Senior Staff Writer at Motherboard and will be discussing his recent article How Big Companies Spy on Your Emails. Links to stories: Apple and Google CEOs should be held responsible for protecting coronavirus tracking data, says GOP Sen. Hawley The twitter thre...
You don't own your photos.
April 22, 2020 05:00 - 39 minutesDave's got the story of photographer who came up short in an online copyright claim, Ben wonders if the Supreme Court is going to take a look at the Computer Fraud and Abuse Act, and later in the show my conversation with Dmitri Alperovitch. He is the co-founder and former CTO at CrowdStrike. We’ll be discussing the recently published cybersecurity solarium report. Links to stories: Photographer can’t sue a website for embedding her Instagram post, says court Is the Supreme Court About to T...
Where there's a will, there's a loophole.
April 15, 2020 05:00 - 41 minutesDave shares the details of New York’s new data breach notification law and how it may affect businesses. Ben examines the Electronic Frontier Foundation’s approach to evaluating government demands for new surveillance powers. And later in the show our conversation with David Holtzman from CynergisTek. We’ll be looking at how HIPAA privacy and security standards have been impacted by the federal response to the Covid-19 pandemic. Links to stories: New York’s New Data Breach Notification Law: ...
Heat maps and surveillance temptations.
April 08, 2020 05:00 - 44 minutesDave has a fascinating application of anonymized data to show travel patterns during the coronavirus pandemic. Ben discusses the temptation to increase surveillance during this pandemic, and later in the show my conversation with Professor Yehuda Lindell, CEO and co-founder of Unbound Tech on government requests for data: What does it mean for your organization? Links to stories: The temptation of coronavirus surveillance Terrifying cellphone ‘heat map’ shows just how much people are still t...
Never let a crisis go to waste.
April 01, 2020 05:00 - 41 minutesBen and Dave discuss the policy and privacy issues surrounding the global coronavirus pandemic, and later in the show our interview with Lily Hay Newman. She is a senior writer at WIRED, and we’ll be discussing browser privacy. Links to stories: U.S. Government, tech industry discussing ways to use smartphone location data to combat coronavirus DOJ asks Congress for broad new powers amid Covid-19. Schumer says, “Hell no.” Got a question you'd like us to answer on our show? You can send your...
Can smart surveillance keep us safe?
March 25, 2020 05:00 - 48 minutesBen and Dave discuss the policy and privacy issues surrounding the global coronavirus pandemic, the Listener on the Line has a question about ZTE bribery and later in the show our interview with Nancy Kim. She is the ProFlowers Distinguished Professor of Internet Studies and Professor of Law at California Western School of Law, and author of several books including Consentability - Consent and Its Limits. Be sure to stick around for that. Links to stories: Surveillance Company Says It's Depl...
Dressing for privacy.
March 18, 2020 05:00 - 39 minutesBen shares a story about dressing for privacy, Dave has the tale of location data putting an innocent man at the scene of a crime, and later in the show our interview with Admiral James Stavridis. He is the former Supreme Allied Commander of NATO. Links to stories: Dressing for the Surveillance Age Google data puts innocent man at the scene of a crime Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (...
Technology always moves quicker than policy.
March 11, 2020 05:00 - 37 minutesBen has an update on NSA’s phone surveillance program, Dave has a story about cars snitching on their owners, and later in the show our interview with Liesyl Franz. She is from the U.S. Department of State in the Office of the Coordinator for Cyber Issues. Links to stories: N.S.A. Phone Program Cost $100 Million, but Produced Only Two Unique Leads My car was in a hit-and-run. Then I learned it recorded the whole thing. Got a question you'd like us to answer on our show? You can send your a...
Get that thing off my car.
March 04, 2020 06:00 - 40 minutesBen explains why Apple may pay half a billion dollars to settle a class action suit, Dave has an update on last week's GPS tracking device story, and later in the show our interview with Riana Pfefferkorn. She is Associate Director of Surveillance and Cybersecurity at the Center for Internet and Society at Stanford Law. We’ll be discussing her recent article, “The earn it act: How to ban end-to-end encryption without actually banning it.” Links to stories: N.S.A. Phone Program Cost $100 Mill...
Just gimme some truth.
February 26, 2020 06:00 - 40 minutesBen wonders why law enforcement are often cagey when it comes to revealing the electronic surveillance tools they make use of, Dave shares a story of a judge requiring an insurance company to help a small business clean up after a ransomware attack, and later in the show we speak with Peter A. Halprin, who is a partner in Pasich LLP’s New York office; we’ll be discussing ransomware and his insights on potential future privacy statutes. Links to stories: Why we don’t know as much as we should...
Rigging the game.
February 19, 2020 06:00 - 42 minutesBen describes a decades-long global espionage campaign alleged to have been carried out by the CIA and NSA, Dave shares a story about the feds using cell phone location data for immigration enforcement, and later in the show our conversation with Drew Harwell from the Washington Post on his article on how Colleges are turning students’ phones into surveillance machines. Links to stories: ‘The intelligence coup of the century’ RIGGING THE GAME Spy sting Federal Agencies Use Cellphone Locati...
The practical concerns of data encryption.
February 12, 2020 06:00 - 46 minutesDave shares a story about the government compelling some tech giants to help find a WhatsApp drug dealer, Ben follows developments on the ClearView facial recognition story that the New York Times recently broke, and later in the show, our conversation with Tommy Ross. He serves as Senior Director of Policy, BSA | The Software Alliance, and we’re going to be discussing encryption and law enforcement access to data. Links to stories: Feds Order Massive Number Of Tech Giants To Help Hunt Down ...
And the heat goes on.
February 05, 2020 06:00 - 46 minutesDave shares a story about Amazon trying to have its cake and eat it, too when it comes to product liability. Ben has developments on the ClearView facial recognition story that the New York Times recently broke, and later in the show our conversation with Mike Overly from Foley & Lardner on cybersecurity in aviation. Links to stories: How amazon escapes liability for the riskiest products on its site Class-action lawsuit filed against controversial Clearview AI startup Got a question you'd ...
Exploring the cultural values of personal privacy.
January 29, 2020 06:00 - 49 minutesDave shares a story about our own state of Maryland trying to crack down on ransomware, Ben shares a New York Times story about facial recognition software, and later in the show our conversation with Stuart Thompson from the New York Times on the article, Twelve Million Phones, One Dataset, Zero Privacy. Links to stories: How ransomware bill would tighten focus on the threat in Maryland The Secretive Company That Might End Privacy As We Know It Got a question you'd like us to answer on our...
There is no back door.
January 22, 2020 06:00 - 40 minutesDave shares a story about congress struggling to define acts of war in cyberspace. Ben has Apple's response to the DOJ's request to unlock yet another iPhone, and later in the show we interview Andrea Little Limbago the Chief Social Scientist at Virtru about her upcoming talk at the RSA Conference regarding the global battle against encryption. Links to stories: Congress struggles on rules for cyber warfare with Iran Apple responds to AG Barr over unlocking Pensacola shooter's phone: "No."...
Cell phone tracking and the future of data value.
January 15, 2020 06:00 - 48 minutesDave shares a story from Gizmodo about lawsuits aimed at Ring and Amazon. You asked - Ben listened - his take on an op-ed from the New York Times about cell phone tracking, and later in the show we interview Michelle Dennedy, formerly of Cisco and now CEO of DrumWave about the future of data value and... elephant masseuses. Links to stories: Ring and Amazon Sued for Security Camera Hacks They Blamed on Customers One nation, tracked Got a question you'd like us to answer on our show? You can...
The quiet, behind-the-scenes work of the FBI.
January 08, 2020 06:00 - 49 minutesDave shares a Washington Post story about the data your car may be collecting about you. Ben digs in to recent revelations about government surveillance, and later in the show we interview Jason G. Weiss, former forensic expert with the FBI and current Counsel at Drinker Biddle and Reath, where he focuses on cyber security and privacy law. Links to stories: https://www.washingtonpost.com/technology/2019/12/17/what-does-your-car-know-about-you-we-hacked-chevy-find-out/ https://www.cnet.com/new...
The cyber resiliency of White House operations.
December 18, 2019 06:00 - 48 minutesOn this week’s show Ben unpacks a recent Capital Hill hearing on the crypto wars, Dave describes a ruling that addresses biometrics and self incrimination. Our guest is Christopher Whyte, an assistant professor of homeland security and emergency preparedness at Virginia Commonwealth University. We’ll be discussing the notion that cyber security in the White House is in disarray. Links to stories: https://gizmodo.com/apple-pushes-back-as-senates-nightmare-anti-encryption-1840346951 https://w...
Helping us understand HIPPA.
December 11, 2019 06:00 - 45 minutes - 31.6 MBBen shares a story of student privacy in an age of surveillance. Dave describes efforts by the state of Georgia to put parts of their official legal code behind a paywall. The listener on the line wonders about speed cameras. Our guest is Donna Grindle, founder and CEO of Kardon and the co-host of the Help Me With HIPAA podcast. Links to stories: https://www.theguardian.com/education/2019/dec/02/school-surveillance-us-schools-safety-shootings https://arstechnica.com/tech-policy/2019/...
Helping us understand HIPAA.
December 11, 2019 06:00 - 48 minutesBen shares a story of student privacy in an age of surveillance. Dave describes efforts by the state of Georgia to put parts of their official legal code behind a paywall. The listener on the line wonders about speed cameras. Our guest is Donna Grindle, founder and CEO of Kardon and the co-host of the Help Me With HIPAA podcast. Links to stories: https://www.theguardian.com/education/2019/dec/02/school-surveillance-us-schools-safety-shootings https://arstechnica.com/tech-policy/2019/12/just...
Moving the needle in the federal space.
December 04, 2019 06:00 - 46 minutesIn this episode, "Moving the needle in the federal space," Ben describes US Senate Democrats' proposal for new privacy legislation. We have a story from the Supreme Court of Pennsylvania on the 5th Amendment and password privacy. And later in show we interview Robert Sheldon, Head of Technology Strategy for Public Sector at CrowdStrike, discussing Federal cybersecurity and how those efforts connect to broader IT modernization initiatives. Links to stories: https://www.washingtonpost.com/tech...
Compliance, regulation and small businesses.
November 27, 2019 14:07 - 44 minutesDave wonders if a case involving a GPS tracker has drifted toward absurdity. Ben reviews a Pew survey on attitudes toward privacy. Our guest is Aleksandr Yampolskiy from Security Scorecard. He shares his thoughts on privacy legislation and the crypto wars. Links to stories: https://arstechnica.com/tech-policy/2019/11/man-charged-with-theft-for-removing-police-gps-tracker-from-his-car/ https://www.nytimes.com/2019/11/15/opinion/privacy-facebook-pew-survey.html Got a question you'd like us to ...
Lessons learned from environmental legislation.
November 20, 2019 06:00 - 44 minutesOn this week’s show Ben shares news on the ability of the government to search your electronic devices at the border, Dave has a story about Google drawing the attention of HHS for gathering medical patient data and later in show my interview with Bret Cohen, president and CEO from Tier1cyber. He shares his insights on some of the parallels between data security and privacy laws and environmental legislation. Links to stories: https://www.eff.org/press/releases/federal-court-rules-suspicionl...
Slowly awakening to the problems we face.
November 13, 2019 06:00 - 43 minutesBen looks at the cozy relationship between Ring and local law enforcement, Dave shares a story about a DNA tests and search warrants. Our listener on the line wonders about deleted emails. Our guest is Michael Chertoff, former US Secretary of Homeland Security, now head of the Chertoff Group. Links to stories: https://gizmodo.com/ring-gave-police-stats-about-users-who-said-no-to-law-e-1837713840 https://www.nytimes.com/2019/11/05/business/dna-database-search-warrant.html Got a question you'd...
The legislation can only do so much.
November 06, 2019 06:00 - 48 minutesBen describes a potential loophole in medical records privacy regulations. Dave shares a story of a woman ordered by a judge to unlock her mobile device. Our listener on the line wonders how digital assistants may run up against two-party consent laws. Our guest is Ray Walsh from ProPrivacy.com, discussing new legislation in California dealing with manipulated video and deepfakes. Links to stories: https://www.washingtonpost.com/technology/2019/10/22/help-desk-can-your-medical-records-become...
Privacy and biometric data.
October 30, 2019 05:00 - 39 minutesBen wonders if the NSA's authority to collect metadata will be renewed. Dave describes an expensive case of mobile device snooping. Our listener on the line wonders if the feds can monitor his laptop. Our guest is Elizabeth Wharton from Prevalion on biometric data security. Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at (410) 618-3720. Hope to hear from you. Learn more about your ad choices. Visit me...
Crowdsourced private surveillance.
October 21, 2019 23:01 - 41 minutesDave shares a candidate's plan to make personal data private property. Ben describes a system of crowdsourced private surveillance. The listener on the line has a question about expectations of privacy in places like shopping malls. Our guest is Kim Phan from the law firm Ballard Spahr, here to discuss new privacy legislation going into effect in Nevada. Got a question you'd like us to answer on our show? You can send your audio file to [email protected] or simply leave us a message at ...