Stewart A. Baker
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Past articles by Stewart:
Episode 304: Unfiltered: An Interview With NSA's Former General Counsel
In our 304th episode of The Cyberlaw Podcast, Stewart Baker interviews Glenn Gerstell, the former general counsel of the National Security Agency and now senior adviser at the Center for Strategic & International Studies. → Read More
Episode 303: Another merger The FTC Should Block
In our 303rd episode of The Cyberlaw Podcast, Stewart Baker interviews FTC Commissioner Noah Phillips. They discuss Commissioner Phillips's speech at the Stanford Law... → Read More
Episode 302: Will The First Amendment Kill Free Speech In America?
In our 302nd episode of The Cyberlaw Podcast, Stewart Baker interviews Daphne Keller, director of the Stanford University Cyber Policy Center's Program on Platform Regulation → Read More
Episode 301: Ratchet to Disaster
In our 301st episode of The Cyberlaw Podcast, Stewart Baker interviews Ben Buchanan, author of the new book, The Hacker and the State: Cyber Attacks and the New Normal of Geopolitics. → Read More
Episode 300: Wiretapping The Pope
In our 300th episode of The Cyberlaw Podcast, Stewart Baker interviews Jonathan Reiber (@jonathanreiber) regarding his paper for the Berkeley Center for Long-Term Cybersecurity,... → Read More
Episode 299: The European Court Of Justice Is About To Kick Off A Massive US-EU Trade War
In our 299th episode of The Cyberlaw Podcast, Stewart Baker interviews Peter Swire (@PeterSwire) and Maury Shenk regarding recent developments in European cybersecurity and... → Read More
Episode 298: Bill Barr As Bogeyman
In our 298th episode of The Cyberlaw Podcast, Stewart Baker is joined by Gus Hurwitz (@gushurwitz), ... → Read More
The Cyberlaw Podcast: Bill Barr as Bogeyman
Nick Weaver and I debate Sens. Graham and Blumenthal’s EARN IT Act, a proposal to require that social media firms follow best practices on preventing child abuse. If they don’t, they won’t get full Section 230 immunity from liability for recklessly allowing the abuse. Nick thinks the idea is ill-conceived and doomed to fail. I think there’s a core of sense to the proposal, which simply asks that… → Read More
The Cyberlaw Podcast: Did the Saudi Crown Prince hack Jeff Bezos’s phone?
This episode features an interview on the Bezos phone flap with David Kaye and Alex Stamos. → Read More
The Cyberlaw Podcast: Is CCPA short for 'Law of Unintended Consequences'?
This week’s episode includes an interview with Bruce Schneier about his recent op-ed on privacy. Bruce and I are both dubious about the current media trope that facial recognition technology was spawned by the Antichrist. He notes that what we are really worried about is a lot bigger than facial recognition and offers ways in which the law could address our deeper worry. → Read More
The Cyberlaw Podcast: The Right to be Forgotten Shoots the Shark
This Week in the Great Decoupling: The Commerce Department has rolled out proposed telecom and supply chain security rules that never once mention China. More accurately, the Department has rolled out a sketch of its preliminary thinking about proposed rules. Brian Egan and I tackle the substance and history of the proposal and conclude that the government is still fighting about the content of… → Read More
How Long Will Unbreakable Commercial Encryption Last?
While the debate has stalled in the United States, it’s been growing fiercer abroad as other nations edge closer to direct regulation of commercial encryption. → Read More
The Cyberlaw Podcast: Bankrupting National Security?
In the News Roundup, Maury Shenk tells us that UK courts have so far resisted a sustained media narrative that all facial recognition tech is inherently evil. Americans seem to agree, Matthew Heiman notes, since a majority trust law enforcement to use it responsibly. Which is more than you can say for Silicon Valley, which only 36 percent of Americans trust with the technology. Mieke Eoyang and… → Read More
The Cyberlaw Podcast: Alex Stamos on Electoral Interference in Taiwan
Episode 276: Alex Stamos on Electoral Interference in Taiwan → Read More
The Cyberlaw Podcast: Trump Derangement and the Trading with the Enemy Act
And we’re back with an episode that tries to pick out some of the events of August that will mean the most for technology law and policy this year. Dave Aitel opens, telling us that Cyber Command gave the world a hint of what “defending forward” looks like with an operation that is claimed to have knocked the Iranian Revolutionary Guard’s tanker attacks for a long-lasting loop. → Read More
The Cyberlaw Podcast: What It’s Like to Live Through a Big Data Breach
Today, I interview Frank Blake, who as CEO brought Home Depot through a massive data breach. Frank is a former co-clerk of mine; a former deputy secretary of energy; and the current host of Crazy Good Turns, a podcast about people who have found remarkable, even crazy, ways to help others. In addition to his insights on what it takes to lead an organization, Frank offers his views on how… → Read More
The Cyberlaw Podcast: Illuminating Supply Chain Security
What is the federal government doing to get compromised hardware and software out of its supply chain? That’s what we ask Harvey Rishikof, coauthor of “Deliver Uncompromised,” and Joyce Corell, who heads the Supply Chain and Cyber Directorate at the National Counterintelligence and Security Center. There’s no doubt the problem is being admired to a fare-thee-well, and some evidence it’s also… → Read More
The Cyberlaw Podcast: Is Social Media a Disease, and How Do We Treat It?
This week I interview Glenn Reynolds, of Instapundit and the University of Tennessee at Knoxville law school, about his new book, “The Social Media Upheaval.” In a crisp 64 pages, Glenn analogizes social media to a primeval city, where new proximity produces periodic outbreaks of diseases that more isolated people never experienced; traces social media’s toxicity to the → Read More
The Cyberlaw Podcast: China’s Cyber Offense Comes of Age
The theme this week is China’s growing confidence in using cyberweapons in new and sophisticated ways, as the U.S. struggles to find an answer to China’s growing ambition to dominate technology. Our interview guest, Chris Bing of Reuters, talks about his deep dive story on Chinese penetration of managed service providers like HP Enterprise—penetration that allowed them access to hundreds of… → Read More
The Cyberlaw Podcast: A McLaughlin Group for Cybersecurity
Our interview guests are Dick Clarke and Rob Knake, who have just finished their second joint book on cybersecurity, The Fifth Domain. We talk about what they got right and wrong in their original book. There are surprising flashes of optimism from Clarke and Knake about the state of cybersecurity, and the book itself is an up-to-date survey of the policy environment. Best of all, they have the… → Read More