The NSA metadata program that is set to expire in two weeks was designed to provide early warning of a terror attack planned in a foreign safe haven and carried out inside the United States. Those are some of the most deadly terror attacks we’ve seen, from 9/11 to Mumbai. And now Paris.
So should the United States be terminating the 215 program just as the Paris attacks show why it was created? That’s the question I ask in Episode 89 of the podcast as we watch the DC circuit cut short Judge Leon’s undignified race to give the program one last kick before it’s terminated.
Our guest for the podcast is Mark Shuttleworth, founder of Thawte and Canonical/Ubuntu. He makes it clear from the start that he could hardly disagree with me less on issues such as encryption and intelligence collection. But we nonetheless get a great tour of the technology horizon. Mark is helping to build the future of computing, from the internet of things to mobile phones, the desktop, and the cloud. We explore what that means for privacy and security; we even touch on artificial intelligence and just how suddenly its risks will be upon us.
In other news, Michael Vatis and I unpack Microsoft’s ground-breaking effort to avoid US jurisdiction over its cloud -- by storing data in Germany under the control of a German company.
Meanwhile, Alan Cohn and I handicap the US-EU talks aimed at reaching Safe Harbor 2.0. A deal appears to be within reach in principle; the main question is how many additional enforcement concessions the EU can wring from the US. The Paris attacks will make US concessions less likely and weaken European determination to extract them, we suspect.
Finally, Michael explains how New York is showing its determination to out-regulate the feds when it comes to bank and insurance cybersecurity.
As always, the Cyberlaw Podcast welcomes feedback. Send an e-mail to [email protected] or leave a message at +1 202 862 5785.
Download the eighty-ninth episode (mp3).
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