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  2. The Indictment filed July 13, 2018, and signed by Robert Mueller, the Special Counsel: View the full article
  3. The Supreme Court’s decision today in Carpenter v. United States will have far-reaching impacts, because it extends Constitutional protections to cell-site location information and not just to the actual content or words and sounds of a cellphone call or text message. That is, the Katz reasonable expectation of privacy test now applies Fourth Amendment protection […] View the full article
  4. Below is a primer from the Congressional Research Service on the CLOUD Act. Earlier this week, a post on Lawfare set forth some suggestions for how to implement the legislation. View the full article
  5. Congress wants answers on FBI’s ‘going dark’ problem in wake of DOJ IG report (CyberScoop): Some members of Congress are challenging the FBI over its handling of the encryption battle with Apple, a recent article says. Several lawmakers wrote a letter to FBI Director Chris Wray stating their concerns over both the San Bernardino incident and […] View the full article
  6. A Special Inquiry Regarding the Accuracy of FBI Statements Concerning its Capabilities to Exploit an iPhone Seized During the San Bernardino Terror Attack Investigation View the full article
  7. DHS Might Provide Cyber Services Directly To Industry Under New Strategy (Nextgov): With a new DHS cyber strategy set to be released in the coming weeks, reports suggest that the agency could be taking on a new role in the cyber realm. DHS Secretary Kirstjen Nielsen described the new system as “security as a service” and […] View the full article
  8. The Encryption Debate Isn’t About Stopping Terrorists, It’s About Solving Crime (Lawfare): A post last week on Lawfare added to the ongoing debate over encryption but with a different focus. The author said that regardless of any flaws with third party (which means government, according to the author) access, the biggest problem remains traditional crime, not […] View the full article
  9. Video and prepared testimony of this week’s hearing, “Cyber Operations Today: Preparing for 21st Century Challenges in an Information-Enabled Society.” View the full article
  10. United States Cyber Command’s New Vision: What It Entails and Why It Matters (Lawfare): Yesterday, I posted a document from U.S. Cyber Command here. Dr. Richard J. Harknett wrote a piece assessing the document for Lawfare on Friday, in which he labels the strategy a significant evolution in both strategy and operations for cyber. Harknett lists […] View the full article
  11. Nine Iranians Charged With Conducting Massive Cyber Theft Campaign on Behalf of the Islamic Revolutionary Guard Corps Mabna Institute Hackers Penetrated Systems Belonging to Hundreds of Universities, Companies, and Other Victims to Steal Research, Academic and Proprietary Data, and Intellectual Property View the full article
  12. This blog usually does not cover legislative proposals because they too often never progress through the process. But as Steve Vladeck first pointed out via tweet earlier this evening, the latest spending bill includes a provision worth addressing here. The Clarifying Lawful Overseas Use of Data Act (CLOUD) Act, addressed the use of stored data […] View the full article
  13. A few weeks ago, I wrote a post on the difference between cyber and information warfare and U.S. policy in this sphere. The idea was sparked by a lecture from Gen. Michael Hayden this past fall at Syracuse University, when I realized that many people have likely conflated these two concepts. Cyber operations can be […] View the full article
  14. Below is a report from the East West Institute titled “Encryption Policy in Democratic Regimes: Finding Convergent Paths and Balanced Solutions.” The organization’s own press release states that the report “provides nine normative recommendations on encryption policy to ensure strong cybersecurity while enabling lawful law enforcement access to the plaintext of encrypted information in limited […] View the full article
  15. Russia cyber attack on Germany a ‘form of warfare’ (The Telegraph): A story last week discussed a recent and then still ongoing cyber attack against Germany. The report said that while government officials weren’t saying much, many expect there to be a lot more damage than those officials were initially letting on. The story suggested that the […] View the full article
  16. Below is a Congressional Research Service report released last week that provides some basic background regarding blockchain technology and related policy issues. View the full article
  17. Below is Cisco’s annual cyber report. An article with commentary on the report from Forbes can be found here. View the full article
  18. The Supply Chain Problem A few weeks ago, an article from Nextgov, a website dedicated to “how technology and innovation are transforming the way government agencies serve citizens and perform vital functions,” described recent efforts by DHS to address cyber security risks as they relate to supply chains. The article quotes Jeanette Manfra, the head of […] View the full article
  19. Below is a report released earlier this month from the Council of Economic Advisers, “The Cost of Malicious Cyber Activity to the U.S. Economy.” View the full article
  20. APT37 (Reaper): The Overlooked North Korean Actor (FireEye): While everyone’s attention is on North Korea’s development of nuclear capabilities, a recent report says there is an overlooked cyber threat there, too. The report from FireEye calls the group APT37 (Reaper) and says its capabilities have grown in both scope and sophistication. Moreover, the report says with […] View the full article
  21. The SEC updated its guidance for how public companies should handle not only actual cyber incidents, but also the risk of such events. Two quotes below summarize the basics of the new guidance, while the full statement from the SEC is attached at the bottom of this post. Also attached is the 2011 guidance, which […] View the full article
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