As Ben Franklin almost said, a throuple can keep a secret – if a couple of them are dead

Episode 284 of the Cyberlaw Podcast

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You knew we'd go there. In this episode I talk about Congresswoman Katie Hill's "throuple" pics and whether the rush to portray her as a victim of revenge porn raises questions about revenge porn laws themselves. Paul Rosenzweig, emboldened by twin tweets – from President Trump calling Never-Trumpers like him "human scum" and from Mark Hamill welcoming him to the Rebel Scum Alliance – takes issue with me.

In a more serious vein, Brian Egan, Paul, and I dig deep into the roots of the battle over how to keep "emerging technology" out of Chinese hands.

Paul explains a Georgia Supreme Court ruling that cops need a warrant to access automobile data after an accident.

Brian and I talk about why DHS might issue a binding operational directive requiring federal agencies to adopt vulnerability disclosure programs.

Maury Shenk tells us to look for tougher cybersecurity rules in China starting December 1.

Paul unpacks the thinking behind a finding of bias in a widely used health care algorithm.

Maury reminds us that "going dark is not going dark," at least not in India, where the Supreme Court is consolidating several legal fights over WhatsApp's end-to-end encryption. In Afghanistan, meanwhile, the New York Times says that WhatsApp has become a key tool for communication by the government.

I note a well-written study contradicting the widespread media narrative that YouTube's recommendation engine is what's radicalizing Americans. According to the authors, the problem isn't YouTube's recommendations but an audience that is looking for the kinds of alternative content that conservatives (not to mention the Alt-Right and the Alt-Lite) are offering.

In shorter takes, Paul and I cover Microsoft beating AWS to win an enormous Pentagon cloud contract, and Brian takes on the problem of lies in political ads on Facebook. And I ask whether we would be wise to follow Russia's example and disconnect from the Internet from time to time.

Finally, Maury and I explore the challenge that TikTok poses not just to the US but also to the Chinese government. Short take: TikTok users can get away with a lot more pro-Hong-Kong-protest speech than the NBA can, at least in the US.

Download the 284th Episode (mp3).

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The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.