Election Aftershocks for Cyberlaw
We open this episode of the Cyberlaw Podcast by considering the (still evolving) results of the 2022 federal election. Adam Klein and I trade thoughts on what Congress will do. Adam sees two years in which the Senate does a lot of nominations, the House does a lot of investigations, and neither does much legislation. Which could leave renewal of a critically important intelligence authority, Section 702 of FISA, out in the cold. As supporters of renewal, Adam and I conclude that the best hope for the provision is to package it with trust-building measures to guard against partisan misuse of national security authorities.
I also note that foreign government cyberattacks on our election machinery, something much anticipated in election after election, once again failed to make an appearance. At this point, I argue, election interference falls somewhere between Y2K and Bigfoot on the “things we need to worry about” scale.
A new panelist to the podcast, Chinny Sharma explains for a disbelieving US audience the UK government’s plan to scan all the country’s internet-connected devices for vulnerabilities. Adam and I agree that it could never happen here. Nick wonders why the UK government doesn’t use a private service for the task.
Nick also covers This Week in the Twitter Dogpile. He recognizes that this whole story is turning into a tragedy for all concerned, but he’s determined to linger on the moments of comic relief. Dunning-Krueger makes an appearance.
Chinny and I speculate on what may emerge from the Biden administration’s plan to reconsider the relationship between CISA and the Sector Risk Management Agencies that otherwise regulate important sectors. I predict that it will spur turf wars and end in new coordination authority for CISA. In addition, the Obama administration’s egregious exemption of Silicon Valley from regulation as critical infrastructure should also be on the chopping block. Finally, if the next two Supreme Court decisions go the way I hope, the FTC will finally have to coordinate its privacy enforcement efforts with CISA’s cybersecurity standards and priorities.
Adam reviews the European Parliament’s report on Europe’s spyware problems. He’s impressed (as am I) by the
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