Join us for thought provoking conversations on surveillance, digital privacy, and cybersecurity law and policy in the information age. Each week, hosts Dave Bittner and Ben Yelin break down the headlines, legal cases, and policy battles that matter most.
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We've got something special for you this week! We are excited to share our very first Caveat Live event. Host Ben Yelin recently headed to the FBI and KU Cybersecurity Conference at the University of Kansas for a live session of Caveat. During the episode, Ben covered the importance of public/private partnerships with Dr. Perry Alexander. Ben and Professor John Symons spoke about the philosophical issues in AI and how those should impact policy decisions. Be sure to tune in for some great conversations.
While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Please take a moment to fill out an audience survey! Let us know how we are doing!
Links related to our show this week:
FBI and KU Cybersecurity Conference
Guest Dr. Perry Alexander, University of Kansas
Guest John Symons, University of Kansas
Review Essay: Social and Political Aspects of the Ethics of Artificial Intelligence. Journal of Moral Philosophy
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Like what you heard? Be sure to check out and subscribe to our Caveat Briefing, a weekly newsletter available exclusively to N2K Pro members on N2K CyberWire's website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.
This week’s Caveat Briefing covers the story of the firing of the NSA Director. Read about the firing as well as the other moves the administration has made to reduce the federal governments cyber defense programs and capabilities. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
A make-or-break moment for businesses.
Season 5 · Episode 256
Thursday, April 3, 2025 • Duration 45:10
This week, we are joined by Daniel Barber, CEO and Co-Founder of DataGrail, to discuss why data privacy should matter to companies in 2025. Ben has the story of a California lawmaker’s proposal to regulate kids’ use of AI companions. Dave's got the story of a reporter's 300 mile trek through rural Virginia in search of license plate readers.
While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Please take a moment to fill out an audience survey! Let us know how we are doing!
Links to the stories:
Kids are talking to ‘AI companions.’ Lawmakers want to regulate that.
I drove 300 miles in rural Virginia, then asked police to send me their public surveillance footage of my car. Here’s what I learned.
You're Being Tracked
Get the weekly Caveat Briefing delivered to your inbox.
Like what you heard? Be sure to check out and subscribe to our Caveat Briefing, a weekly newsletter available exclusively to N2K Pro members on N2K CyberWire's website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.
This week’s Caveat Briefing covers the story of why election officials and lawmakers are fearful that U.S. elections will be less secure after the Trump administration cut funding for federal election security programs, halting CISA’s support and forcing states to find alternative resources amid growing concerns about cyber and physical threats. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
Where are we going with warrantless searches?
Season 5 · Episode 248
Thursday, January 30, 2025 • Duration 51:02
This week, we are joined by Max Shier, Optiv's CISO, to discuss the newly-released CMMC 2.0, Cybersecurity Maturity Model Certification, and how to ensure compliance. Ben discusses a federal court’s decision holding warrantless queries of the Section 702 database unconstitutional. Dave looks at a murder case in Cleveland that’s been derailed by the prosecution’s use of AI.
While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Please take a moment to fill out an audience survey! Let us know how we are doing!
Links to the stories:
VICTORY! Federal Court (Finally) Rules Backdoor Searches of 702 Data Unconstitutional
Cleveland police used AI to justify a search warrant. It has derailed a murder case
Get the weekly Caveat Briefing delivered to your inbox.
Like what you heard? Be sure to check out and subscribe to our Caveat Briefing, a weekly newsletter available exclusively to N2K Pro members on N2K CyberWire's website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more.
This week’s Caveat Briefing covers the story of President Trump revoking a 2023 executive order by Joe Biden that mandated AI developers to share safety test results for high-risk systems with the U.S. government before public release, citing it as a hindrance to innovation. While Biden’s order aimed to address national security and public safety risks associated with AI, Trump left intact a separate Biden order supporting energy needs for AI data centers. Curious about the details? Head over to the Caveat Briefing for the full scoop and additional compelling stories.
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
A hand in crafting cybersecurity legislation.
Season 4 · Episode 172
Thursday, May 18, 2023 • Duration 57:37
This week our guest is Ben Yelin, and he and Dave both sit down to discuss some recent cybersecurity legislation that he had a hand in crafting. Ben talks about a case dealing with the timing of computer search warrants. Dave looks at copyright and Apple’s loss in court in an iOS case.
While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Links to stories:
The Volokh Conspiracy
Eleventh Circuit Finds Corellium’s Copying of iOS as Fair Use in Victory for Security Researchers
APPLE INC., Plaintiff-Counter Defendant-Appellant
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
Being on top of your data consent.
Season 4 · Episode 171
Thursday, May 11, 2023 • Duration 58:47
Mark Ailsworth from Opaque Systems joins Dave to discuss how if enterprises are not already on top of their own data consent and privacy mechanisms, they’re one critical step behind their competitors. Ben has the story of litigants arguing in court that real videos are Deep Fakes. Dave looks to Ben for better understanding of what the heck is going on with the Supreme Court.
While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Links to stories:
People are trying to claim real videos are deepfakes. The courts are not amused
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
Your approach to efficient security compliance.
Season 4 · Episode 170
Thursday, May 4, 2023 • Duration 43:39
This week our guest is, Nick Means from Sym, he sits down with Dave to discuss how to build a compliance program without tanking your engineering velocity. Ben has the story of a Pennsylvania case on whether people have a reasonable expectation of privacy in Google searches. Dave's story takes a look at the notion of a “Defensive Search” exception to the Fourth Amendment.
While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Links to stories:
2023 PA Super 72
There Is No “Defensive Search” Exception to the Fourth Amendment: Why a Consistent Warrant Rule Is Necessary to Fix FISA Section 702
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
Encore: The Supreme Court's supreme security breach.
Season 3 · Episode 134
Thursday, April 27, 2023 • Duration 44:18
Dov Lerner, Security Research Lead at Cybersixgill, discusses how things that would have been considered off-limits are now routine. He specifically get into new research showing several instances of personal information exposed of the five conservative U.S. Supreme Court Justices in the wake of Roe V. Wade being overturned. Ben talks through a proposed expansion of video surveillance in San Francisco. Dave's story is on an insurance company calling foul on a client’s lack of multi-factor authentication.
While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Breed and New DA Jenkins Pushing Hard to Expand Police Access to Private Security Cameras All Over Town
Travelers Wants Out of Contract With Insured That Allegedly Misrepresented MFA Use
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
The U.S. Government and a cybersecurity budget.
Season 4 · Episode 169
Thursday, April 20, 2023 • Duration 48:25
This week, our guest Ilona Cohen from HackerOne sits down with Ben to discuss Biden's Cyber Strategy and National Budget allocations for cybersecurity. Ben has the story of a proposed Montana state law to ban the popular social media app TikTok. Dave's got the story of the FTC taking action against an Amazon merchant who is deceiving supplement consumers.
While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Links to stories:
Montana Legislature Approves Outright Ban of TikTok
FTC fines supplement maker $600,000 for 'review hijacking' Amazon listings
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
Addressing National Cyber Strategy.
Season 4 · Episode 168
Thursday, April 13, 2023 • Duration 53:31
Danielle Jablanski from Nozomi Networks to joins Dave to discuss one year of Shields Up as it relates to the National Cyber Strategy and one year of the Ukraine conflict. Ben brings us the story of Immigration and Customs Enforcement using its authority to gather data from schools and medical clinics. Dave's got the story of ChatGPT’s lies and the Biden administration’s possible regulatory reaction.
While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Links to stories:
ICE Is Grabbing Data From Schools and Abortion Clinics
ChatGPT invented a sexual harassment scandal and named a real law prof as the accused
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
Insurable cyberattacks?
Season 4 · Episode 167
Thursday, April 6, 2023 • Duration 46:41
Lee Rossey, CTO from SimSpace, sits down with Dave to discuss "are cyber attacks still insurable?" following the World Economic Forum's Global Cybersecurity Outlook 2023 report. Ben discusses the RESTRICT Act, a bill making its way through Congress. Dave's got the story of the non-profit Future of Life Institute calling for a pause in generative AI experimentation.
While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.
Links to stories:
The RESTRICT Act Would Restrict a Lot More Than TikTok
Why we must hit ‘pause’ on generative AI experiments
Got a question you'd like us to answer on our show? You can send your audio file to caveat@thecyberwire.com. Hope to hear from you.
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