The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

This Episode Could be Worth a Thousand Bucks to the ACLU

But I sure hope not. It's Episode 369 of the Cyberlaw Podcast


We begin the episode with a review of the massive Kaseya ransomware attack. Dave Aitel digs into the technical aspects while Paul Rosenzweig and Matthew Heiman explore the policy and political  implications. But either way, the news is bad.

The news was also bad for Gov. DeSantis's Florida 'deplatforming' law, which a Clinton appointee dispatched in a cursory opinion last week. I've been in a small minority who thinks the law, far from being a joke, is likely to survive (at least in part) if it reaches the Supreme Court. Paul challenges me to put my money where my mouth is. Details to be worked out, but if a portion of the law survives in the top court, Paul will be sending a thousand bucks to Trumpista nonprofit. If not, I'll likely be sending my money to the ACLU.

Surprisingly, our commentators mostly agree that both NSA and Tucker Carlson could be telling the truth about the claim that NSA has at least a few of Carlson's communications. Sadly, this will disappoint partisans for both, since each thinks that the other must be lying. In the process, NSA gets unaccustomed praise for its … wait for it … agile and savvy response. That's got to be a first.

Paul and I conclude that Maine, having passed in haste the strongest state facial recognition ban yet, will likely find itself repenting at leisure.

Matthew decodes Margrethe Vestager's warning to Apple against using privacy, security to limit competition.

And I mock Apple for claiming to protect privacy while making employees wear body cams to preserve the element of surprise at the next Apple product unveiling. Not to mention the 2-billion-person asterisk hanging off Apple's commitment to human rights.

Dave praises NSA for its stewardship of a popular open source reverse engineering tool, Ghidra.

And everyone has a view about cops using YouTube's crappy AI takedown engine to keep people from posting videos of their conversations with cops.

And More!

Download the 369th Episode (mp3)

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