The best gavel-to-gavel legal news and information on the net. Host Bennet Kelley talks about the hot- button internet legal topics of the day,and stay up to date on the latest in internet law and policy. Hear the latest net trends impacting your business, and have your questions answered by leading authorities.
As with past years, we conclude 2019 with our annual Heroes and Zeros show with our good friends Brenda Christensen and Dan Tynan.
Except this year, we are covering Heroes and Zeros both for 2019 and the decade as a whole.
Listen to "Decade-End Heroes and Zeros with Christensen and Tynan" on Spreaker.
Josh Levin is the national editor at Slate and the host of the sports podcast Hang Up and Listen. He previously worked at the Washington City Paper and has written for Sports Illustrated, the Atlantic, GQ, and Play: The New York Times Sports Magazine. He is a graduate of Brown University. The Daily Beast calls his book, The Queen: The Forgotten Life Behind an American Myth (Little, Brown and Company), "one of the most outlandish true crime capers of the season. On the South Side of Chicago in 1974, Linda Taylor reported a phony burglary, concocting a lie about stolen furs and jewelry. The detective who checked it out soon discovered she was a welfare cheat who drove a Cadillac to collect ill-gotten government checks. And that was just the beginning: Taylor, it turned out, was also a kidnapper, and possibly a murderer. A desperately ill teacher, a combat-traumatized Marine, an elderly woman hungry for companionship— after Taylor came into their lives, all three ended up dead under suspicious circumstances. But nobody- not the journalists who touted her story, not the police, and not presidential candidate Ronald Reagan- seemed to care about anything but her welfare thievery. Part social history, part true-crime investigation, Josh Levin's mesmerizing book, the product of six years of reporting and research, is a fascinating account of American racism, and an exposé of the "welfare queen" myth, one that fueled political debates that reverberate to this day.
Listen to "The Queen: The Forgotten Life Behind an American Myth" on Spreaker.
Philip Mudd, the author of Takedown, a detailed account of intelligence gathering in the hunt for al-Qa’ida, is the ex–deputy director of the CIA’s Counterterrorist Center and the FBI’s National Security Branch. His writing has appeared in Newsweek, the Wall Street Journal, The Atlantic, Foreign Policy, and the Washington Post. Mudd’s Black Site (Liveright) is an account of one of the most controversial initiatives in American history. After September 11, 2001, almost overnight, the CIA evolved into a warfighting intelligence service. In Black Site Mudd addresses how far America actually went to pursue al-Qa’ida and prevent another catastrophe. One tool was an interrogation program of suspected al-Qaida members and other terrorists, known internally as “The Program.” Because the methods might have been questionable by American legal, ethical and moral standards, the work was often done in a web of top-secret “black sites” in other countries outsourced to intelligence agents of other governments. Debates about torture ignited in 2014 after the US Senate published a report of the Program. But the report, Mudd argues, did not fully address questions such as: How did the officials actually come to their decisions? What happened at the detention facilities on a day-to-day basis? And how did the officers feel about what they were doing? Based on interviews from dozens of officials―many of whom have never spoken out before― Black Site seeks answers to these questions and more. It shows the tragedy and triumph of the CIA during its most difficult days. Kirkus Review called Black Site “a revealing and engaging account of life in the shadows.”
Listen to "Takedown With Philip Mudd" on Spreaker.
A deeply textured and compelling biography of comedy giant Mel Brooks, covering his rags-to-riches life and triumphant career in television, films, and theater, from Patrick McGilligan, the acclaimed author of Young Orson: The Years of Luck and Genius on the Path to Citizen Kane and Alfred Hitchcock: A Life in Darkness and Light. Patrick McGilligan is the author of Alfred Hitchcock: A Life in Darkness and Light; Fritz Lang: The Nature of the Beast; and George Cukor: A Double Life; and books on the lives of directors Nicholas Ray, Robert Altman, and Oscar Micheaux, and actors James Cagney, Jack Nicholson, and Clint Eastwood. He also edited the acclaimed five-volume Backstory series of interviews with Hollywood screenwriters and (with Paul Buhle), the definitive Tender Comrades: A Backstory of the Hollywood Blacklist. He lives in Milwaukee, Wisconsin, not far from Kenosha, where Orson Welles was born.
Listen to "Funny Man By Patrick McGilligan" on Spreaker.
Alissa Quart is the executive editor of the journalism non-profit Economic Hardship Reporting Project. She co-founded its current incarnation with Barbara Ehrenreich. She is also the author of four previous acclaimed books, Branded, Republic of Outsiders, Hothouse Kids and the poetry book Monetized. She writes the Outclassed column for The Guardian and has published features and reported commentary in many magazines and newspapers, most recently for The Atlantic, The New York Times, The Nationand The New York Review of Books. She has won the Columbia Journalism School’s 2018 Alumni Award and the LA Press Club Award for Commentary, was a 2010 Nieman fellow at Harvard University, and has been nominated for an Emmy and a National Magazine Award. Squeezed: Why Our Families Can't Afford America (Ecco) is her most recent book. Alissa Quart, executive editor of the Economic Hardship Reporting Project, examines the lives of many middle-class Americans who can now barely afford to raise children. Through gripping firsthand storytelling, Quart shows how our country has failed its families. Her subjects—from professors to lawyers to caregivers to nurses—have been wrung out by a system that doesn’t support them, and enriches only a tiny elite. Squeezed is an eye-opening page-turner. Powerfully argued, deeply reported, and ultimately hopeful, it casts a bright, clarifying light on families struggling to thrive in an economy that holds too few options.
Mark Leibovich is the chief national correspondent for The New York Times Magazine. Based in Washington, he specializes in national politics, media and profiles of figures in public life. He is the recipient of the of the National Magazine Award for profile writing, and the author of This Town and Citizens of the Green Room. Big Game: The NFL in Dangerous Times (Penguin Press) is a merciless probing of America's biggest cultural force, pro football. Like millions of Americans, Mark Leibovich has spent more of his life than he'd care to admit tuned into pro football. Leibovich kept his obsession relatively private. Still, every now and then Leibovich would reach out to Tom Brady to gauge his willingness to subject himself to a profile in the New York Times Magazine. To his surprise, Brady returned the call. So began a four-year odyssey that has taken Mark Leibovich deeper inside the NFL than anyone has gone before. Ultimately, this is a chronicle of what may come to be seen as "peak football," but also the moment when it all began to turn. Big Gameis a journey through an epic storm. Pro football, this hilarious and enthralling book proves, may not be the sport America needs, but it is most definitely the sport we deserve.
A former reporter for the Charlotte Observer, Pam Kelley has won honors from the National Press Club and the Society for Features Journalism. She contributed to a subprime mortgage exposé that was a finalist for the 2008 Pulitzer Prize for Public Service. She is the author of Money Rock: A Family’s Story of Cocaine, Race, and Ambition in the New South (The New Press). Meet Money Rock. He’s young. He’s charismatic. He’s generous, often to a fault. He’s one of Charlotte’s most successful cocaine dealers, and that’s what first prompted veteran reporter Pam Kelley to craft this riveting social history—by turns action-packed, uplifting, and tragic—of a striving African American family, swept up and transformed by the 1980s cocaine epidemic. This gripping tale, populated with characters both big-hearted and flawed, shows how social forces and public policies—racism, segregation, the War on Drugs, mass incarceration—help shape individual destinies. Money Rock is a deeply American story, one that will leave readers reflecting on the near impossibility of making lasting change, in our lives and as a society, until we reckon with the sins of our past.
Miriam Pawel is the author of In The Browns of California, journalist, and scholar. Miriam weaves a narrative history that spans four generations, from August Schuckman, the Prussian immigrant who crossed the Plains in 1852 and settled on a northern California ranch, to his great-grandson Jerry Brown, who reclaimed the family homestead one hundred forty years later. Through the prism of their lives, we gain an essential understanding of California and an appreciation of its importance. The magisterial story is enhanced by dozens of striking photos, many published for the first time.
CLBR presents its annual year-end Heroes and Zeros episode as guests Brenda Christensen, Denise Howell and Dan Tynan highlight those doing wonderful things on the internet and those deserving a cyber lump of coal. Plus, Bennet announces sadly, it most likely will be our last live broadcast as I have decided its time to move on. Officially, he is taking a break for a few months before finally deciding whether to continue with the show for a ninth season.
Beth Macy is the author of the widely acclaimed and bestselling books Truevine and Factory Man. Based in Roanoke, Virginia for three decades, her reporting has won more than a dozen national awards, including a Nieman Fellowship for Journalism at Harvard. Dopesick: Dealers, Doctors, and the Drug Company that Addicted America (Little, Brown and Company) is the only book to fully chart the devastating opioid crisis in America: "a harrowing, deeply compassionate dispatch from the heart of a national emergency" (New York Times) from a bestselling author and journalist who has lived through it. In this masterful work, Beth Macy takes us into the epicenter of America's twenty-plus year struggle with opioid addiction. From distressed small communities in Central Appalachia to wealthy suburbs; from disparate cities to once-idyllic farm towns; it's a heartbreaking trajectory that illustrates how this national crisis has persisted for so long and become so firmly entrenched. In these politically fragmented times, Beth Macy shows, astonishingly, that the only thing that unites Americans across geographic and class lines is opioid drug abuse.
Michael Beschloss is the author of nine books on presidential history, including, most recently, the New York Times bestsellers Presidential Courage and The Conquerors, as well as two volumes on Lyndon Johnson’s White House tapes. He was also editor of the number-one global bestseller Jacqueline Kennedy: Historic Conversations on Life with John F. Kennedy. He is the NBC News Presidential Historian and a PBS NewsHour contributor and has received an Emmy and six honorary degrees. Presidents of War (Crown) is a groundbreaking and often surprising saga of America’s wartime chief executives. Ten years in the research and writing, Presidents of War is a fresh, magisterial, intimate look at a procession of American leaders as they took the nation into conflict and mobilized their country for victory. It brings us into the room as they make the most difficult decisions that face any President, at times sending hundreds of thousands of American men and women to their deaths.
Gillespie explains that his book I have been writing about the impact of platforms and the digital transformation for fifteen years,” said Gillespie. “This book explains how content moderation works: how the platforms think of their responsibilities, the way they create and articulate the rules, the labor behind the scenes, and recent efforts to automate it all.” Based on interviews with content moderators, creators, and consumers, this book contributes to the current debates about the public responsibilities of platforms, be it about harassment, data privacy, or political propaganda. Gillespie argues that content moderation still receives too little public scrutiny. How and why platforms moderate can shape societal norms and alter the contours of public discourse, cultural production, and the fabric of society.
Gaurav is Free Press’ policy counsel and works alongside the policy team on topics ranging from internet freedom issues like Net Neutrality and media ownership to consumer privacy and government surveillance. Gaurav’s human rights and civil liberties work has taken him from Capitol Hill to Uganda, India and Liberia. Before joining Free Press, he worked at the Government Accountability Project protecting the rights of national security whistleblowers like Edward Snowden, and prior to that as a legislative counsel at the American Civil Liberties Union. He earned both his B.A. in international affairs and his J.D. from the George Washington University. Outside of work he can be found getting some fresh air riding his bike to and from one of D.C.’s many roof decks.
It's CyberLaw and Business Report's annual Cyber Thanksgiving Special and for the 7th year, we celebrate the Wednesday before Thanksgiving with a special show featuring a guest panel discussing websites/apps they are grateful for, recommendations for Giving Tuesday and maybe even share what they will be cooking for Thanksgiving.
Open source evangelist and troubadour Pete Kronowitt and Benét Wilson, founder and sole proprietor of Aviation Queen LLC, return to join Bennet on what they are thankful for.
We continue our 2018 Miami Book Fair series with Obama National Security Council Alum Rumana Ahmed who is one of eighteen former Obama administration contributors to “West Wingers: Stories from the Dream Chasers, Change Makers and Hope Creators Inside the Obama White House“. Rumana Ahmed interned in the White House Office of Presidential Correspondence before becoming a full-time staffer. She then was a liaison to Muslim American and other communities in the Office of Public Engagement, where she also worked on highlighting community-based efforts to address issues like gun violence. Later, as Senior Advisor in the Office for Global Engagement and Strategic Communications in the National Security Council, she worked on advancing relations with Cuba and Laos. A Bangladeshi-American and Muslim who wore a hijab since she was twelve, Rumana was the only (and possibly the first) hijab-wearing staffer in the West Wing. She played a key role in President Obama’s visit and speech at a Baltimore mosque in response to anti-Muslim hate crimes.
James Miller is a professor of politics and liberal studies at the New School for Social Research. He is the author of the critically acclaimed Examined Lives: From Socrates to Nietzsche; The Passion of Michel Foucault; Flowers in the Dustbin: The Rise of Rock and Roll, 1947-1977; and Democracy Is in the Streets: From Port Huron to the Siege of Chicago. He is the author of Can Democracy Work?: A Short History of a Radical Idea, from Ancient Athens to Our World (Farrar, Straus and Giroux). Today, democracy is the world’s only broadly accepted political system, and yet it has become synonymous with disappointment and crisis. How did it come to this? In Can Democracy Work?James Miller offers a lively, surprising, and urgent history of the democratic idea from its first stirrings to the present. As he shows, democracy has always been rife with inner tensions. Ranging from the theaters of Athens to the tents of Occupy Wall Street, Can Democracy Work? is an entertaining and insightful guide to our most cherished―and vexed―ideal.
Sarah Kendzior is best known for her reporting on St. Louis, her coverage of the 2016 election, and her academic research on authoritarian states. She is currently an op-ed columnist for the Globe and Mail and she was named by Foreign Policy as one of the “100 people you should be following on Twitter to make sense of global events.” Her reporting has been featured in many publications, including Politico, Slate, The Atlantic, Fast Company, The Chicago Tribune, TeenVogue, and The New York Times. The View from Flyover Country: Dispatches from the Forgotten America (Flatiron Books) is her most recent book. Kirkus writes it is,"A collection of sharp-edged, humanistic pieces about the American heartland...Passionate pieces that repeatedly assail the inability of many to empathize and to humanize." A clear-eyed account of the realities of life in America’s overlooked heartland, The View from Flyover Country is a piercing critique of the labor exploitation, race relations, gentrification, media bias, and other aspects of the post-employment economy that gave rise to a president who rules like an autocrat. The View from Flyover Country is necessary reading for anyone who believes that the only way for America to fix its problems is to first discuss them with honesty and compassion.
Bennet Kelley launches our annual coverage of the 2018 Miami Book Fair series with radio host and political commentator Bill Press. He talks about Trump and a life in the crossfire as he discusses his books, TRUMP MUST GO: The Top 100 Reasons to Dump Trump (and One to Keep Him) and From the Left: Life in the Crossfire.
Bill Press is host of The Bill Press Show, simulcast on Free Speech TV. He is the former co-host of MSNBC’s Buchanan and Press and CNN’s Crossfireand The Spin Room. Press is the author of several books including The Obama Hate Machine and Trump Must Go: The Top 100 Reasons to Dump Trump (and One to Keep Him). His memoir, From the Left: A Life in the Crossfire (Thomas Dunne Books), has been named a Washington Post bestseller. The name Bill Press is synonymous with honest journalism, intelligent commentary, and progressive politics. But based on where he came from, it's a wonder he didn't end up a Trump voter. He grew up in a blue-collar family in a small town in Delaware south of the Mason-Dixon line, where segregation was the rule. So what went right for him that he swerved so far to the left? In From the Left, Press shows this gradual transformation, starting with two years of studies in Europe and a providential escape to California. From Sacramento he made his way to Southern California television and talk radio as a political commentator and liberal talk show host. Jumping to Washington and national cable TV, Press hosted Crossfire and The Spin Room on CNN, and Buchanan and Press on MSNBC. If you're already on the left, you'll cheer a fellow traveler. If not yet there, you soon will be. In Trump Must Go: The Top 100 Reasons to Dump Trump (and One to Keep Him) (Macmillan) TV and radio host Bill Press offers 100 reasons why Trump needs to be removed from office, whether by impeachment, the 25th Amendment, or the ballot box. Beginning with the man himself and moving through Trump’s executive action damage, Press covers Trump’s debasement of the United States political system and destruction of the Republican Party. In a political climate where the world has learned to expect the unexpected, Press offers readers a twist: one reason not to ditch Donald Trump.
Dubbed “the leading national watchdog of state and local economic development subsidies” and “God’s witness to corporate welfare,” Greg founded Good Jobs First in 1998 upon winning the Public Interest Pioneer Award. He has been training and consulting for state and local governments, associations of public officials, labor-management committees, unions, community groups, tax and budget watchdogs, environmentalists, and smart growth advocates more than 30 years.
Greg backed into subsidy reform accidentally, while creating a national consulting practice against plant closings from Chicago from the early 1980s through the mid-1990s. He is associate producer of the 1984 PBS documentary The Last Pullman Car and consulted for state agencies in Illinois, New York, and Washington State. His 1986 Early Warning Manual Against Plant Closings (upon which he trained all 50 states’ Dislocated Worker Units under contract to the U.S. Department of Labor) and his 1989 study “Intervening With Aging Owners to Save Industrial Jobs” (the first study to quantify the risk of job loss due to a lack of succession planning) set precedents that guided many public agencies and non-profits.
Numerous plant closings he worked on involved abuse of economic development subsidies; factories that had received past incentives were now being shuttered. Usually, the fine print revealed that such abuses were technically legal; those revelations lead to public outrage and the enactment of clawbacks and other safeguards to prevent future waste. Sometimes there was a basis for legal challenge: in 1987, Greg wrote a study that triggered the City of Duluth’s successful lawsuit against Triangle Corporation; the nationally-reported verdict arrested the closure of that city’s largest factory, Diamond Tool, based on an Industrial Revenue Bond contract. Between 1990 and 1992, he assisted the Oil, Chemical and Atomic Workers in Elkhart, Indiana in their multiple-abuse lawsuit against American Home Products that settled for $24 million on the eve of trial.
Collecting the reforms prompted by these revelations (clawbacks, disclosure, job quality standards, etc.), Greg wrote No More Candy Store: States and Cities Making Job Subsidies Accountable in 1994. It was lauded by the International Economic Development Council as “very impressive research” and reviewed by the National Conference of State Legislatures a “famous polemic that contends that subsidies for economic development are mere corporate giveaways, and that calls for greater accountability and public restraint.”
Founding Good Jobs First in Washington, DC in 1998, partnering with the Fiscal Policy Institute to launch Good Jobs New York in 2000, and welcoming the Corporate Research Project in 2001, Greg has built a full-service resource center for constituency-based organizations and public officials seeking to reform economic development. Since its first report in 1999, Good Jobs First has issued more than 100 studies, setting a long string of influential research precedents about economic development subsidies.
Good Jobs First’s 50-states-plus-DC “report card” studies, such as “Show Us the Subsidized Jobs,” have made it de facto the arbiter of best state and local practice in transparency (disclosing deal-specific costs and benefits online). It is also the go-to source on best practices for job creation and job quality standards, and for enforcement including “clawbacks,” or recapture safeguards. Led by research director Phil Mattera, Good Jobs First research analysts Leigh McIlvaine, Tommy Cafcas and Kasia Tarczynska monitor subsidy news in all 50 states and provide front-line technical assistance.
In response to GJF’s 2003 study, A Better Deal for Illinois, that state enacted the nation’s best subsidy disclosure system. In 2005, New York City enacted the best local disclosure ordinance in the nation (enhanced in 2010) after repeated agitations by Good Jobs New York’s Bettina Damiani with the NYC Industrial Development Agency.
Greg’s 2005 book The Great American Jobs Scam: Corporate Tax Dodging and the Myth of Job Creation (Berrett-Koehler Publishers) was widely reviewed by daily newspapers, specialty tax and development publications, C-Span’s Book TV, The New York Review of Books, Publishers Weekly and Library Journal. Business Week called it a “powerful compendium of corporate tax dodging in the U.S.” and State Tax Notes wrote: “meticulously documented …scrupulously accurate …evocative storytelling…”
He has book chapters in Building Health Communities: A Guide to Community Economic Development for Advocates, Lawyers, and Policymakers (American Bar Association, 2009) and Breakthrough Communities: Sustainability and Justice in the Next American Metropolis (MIT Press, 2009).
Greg summarizes the job-creation benefits of smart growth for working families in this article in Urban Habitat’s Race, Poverty and the Environment entitled “Public Transit and Urban Density Create More Good Jobs.”
Jonathan Casey is Director of Archives and the Edward Jones Research Center at the National WWI Museum and Memorial in Kansas City, Mo. He has been with the Museum and Memorial since April 2001. Casey was integral to the planning, developing and opening the organization’s massive expansion, which featured significantly enhanced exhibition space and a new research center that opened in 2006. He manages the Museum and Memorial’s two-dimensional collection of approximately 100,000 items and the Edward Jones Research Center library of approximately 10,000 titles. Casey has delivered numerous programs at the Museum and Memorial and in other venues across the world. He has traveled to WWI sites in Italy and Bosnia-Herzegovina, including visiting the site of the assassination of the Austro-Hungarian Archduke Franz Ferdinand in Sarajevo on the 100th anniversary of the event in 2014. The Virginia native graduated from the College of William and Mary in Williamsburg, Va., with a bachelor’s degree in history and from the University of Kansas with a master’s degree in Museum Studies. He and his family reside in Kansas City, Mo.
National WWI Museum and Memorial
Soon after World War I ended, Kansas City leaders formed the Liberty Memorial Association (LMA) to create a lasting monument to the men and women who had served in the war. In 1919, the LMA and citizens of Kansas City raised more than $2.5 million in just 10 days. The equivalent of roughly $34 million today, this staggering accomplishment reflected the passion of public sentiment for the Great War that had dramatically changed the world.
In 2004, the Museum and Memorial was designated by Congress as the nation’s official World War I Museum, and construction started on a new 80,000-square-foot, state-of-the-art museum and the Edward Jones Research Center underneath the Liberty Memorial.
Matthew Schaefer, a Partner at the law firm Brann Isaacson, has focused for nearly 20 years on state tax matters and contested proceedings before courts and administrative tribunals. He was co-counsel before the U.S. Supreme Court for the Respondents in South Dakota v. Wayfair Inc., 135 S.Ct. 2080 (2018) and for the Petitioner in Direct Marketing Association v. Brohl, 135 S.Ct. 1124 (2015). Matthew advises numerous e-commerce vendors, multi-channel merchants, and trade associations, and has represented the challengers in nearly every leading court case testing the constitutionality of state “economic presence” laws that impose burdensome tax and regulatory obligations on remote sellers.
Matt is a co-author of ‘Eyes on eCom Law,’ a blog that reports on legal developments of interest to direct marketers and online sellers.
Brann Isaacson is unique among its peers—a boutique law firm grounded in Maine that represents over 100 large and small online and multichannel companies across the country. The firm is general counsel to L.L. Bean, one of the most prominent and admired retailers in the industry. Today, we advise many of the companies in the Internet Retailer’s Top 500 Guide, as well as many small companies that hope someday to be included in that list.
Brann Isaacson is based in Lewiston, Maine which is approx. 40 miles north of Portland and 135 miles north of Boston. It was in Lewiston where Muhammad Ali had his first title defense, knocking out Sonny Liston in the infamous phantom knockout.
In his most recent government role as the nation’s top cyber diplomat, Mr. Painter coordinated and led the United States’ diplomatic efforts to advance an open, inter operable, secure and reliable Internet and information infrastructure and advised the Secretary and Deputy Secretary of State on these emerging issues. The pioneering office that Mr. Painter established — the Office of the Coordinator for Cyber Issues —was the first high-level position and office dedicated to advancing the diplomatic aspects cyber issues ranging from national security to human rights matters anywhere in the world. Today more than 25 countries have created similar positions. In this role, Mr. Painter worked closely with the White House, other agencies, the private sector and civil society to create and implement US international cyberspace policies. These cross-cutting issues include promoting norms of responsible state behavior and cyber stability, preventing cyber conflict, enhancing deterrence, advancing cybersecurity, fighting cybercrime, promoting multi-stakeholder Internet governance and advancing Internet freedom. Among many other things, Mr. Painter was instrumental in negotiating a landmark agreement regarding the theft of intellectual property with China, negotiating a comprehensive cyber cooperation agreement with India, using diplomatic and other tools to combat high-profile cyber attacks and intrusions, and launching first of their kind “whole of government” cyber dialogues and capacity building programs with dozens of countries in Europe, Asia, the Americas, the Middle East and Africa. He and his team also spearheaded the promotion of an international framework of cyber stability that includes building a consensus around norms of acceptable behavior and getting agreement on transparency and confidence-building measures designed to reduce the risk of miscalculation that could inadvertently lead to cyber warfare.
Cameron Kerry joined Governance Studies and the Center for Technology Innovation at Brookings as the first Ann R. and Andrew H. Tisch Distinguished Visiting Fellow in December 2013. In addition to his Brookings affiliation, Cameron Kerry is Senior Counsel at Sidley Austin, LLP in Boston and Washington, DC, and a Visiting Scholar the MIT Media Lab. His practice at Sidley Austin involves privacy, security, and international trade issues. Kerry served as General Counsel and Acting Secretary of the United States Department of Commerce, where he was a leader on a wide of range of issues laying a new foundation for U.S. economic growth in a global marketplace. He continues to speak and write on these issues, particularly privacy and data security, intellectual property, and international trade.
While Acting Secretary, Cameron Kerry served as chief executive of this Cabinet agency and its 43,000 employees around the world, as well as an adviser to the President. His tenure marked the first time in U.S. history two siblings have served in the President’s Cabinet at the same time.
As General Counsel, he was the principal legal adviser to the several Secretaries of Commerce and Commerce agency heads, and oversaw the work of more than 400 lawyers across these agencies. He was a leader in the Obama Administration’s successful effort to pass the America Invents Act, the most significant overhaul of the patent system in more 150 years. As co-chair of the National Science Technology Council Subcommittee on Privacy and Internet Policy, he spearheaded development of the White House blueprint on consumer privacy, Consumer Data Privacy in a Networked World. He then led the Administration’s implementation of the blueprint, drafting privacy legislation and engaging on privacy issues with international partners, including the European Union. He helped establish and lead the Commerce Department’s Internet Policy Task Force, which brings together agencies with expertise in the 21st Century digital economy.
He also played a significant role on intellectual property policy and litigation, cybersecurity, international bribery, trade relations and rule of law development in China, the Gulf Oil spill litigation, and many other challenges facing a large, diverse federal agency. He travelled to the People’s Republic of China on numerous occasions to co-lead the Transparency Dialogue with China as well as the U.S./ China Legal Exchange and exchanges on anti-corruption.
Before his appointment to the Obama Administration in 2009, Cameron Kerry practiced law at the Mintz Levin firm in Boston and Washington. His practice covered a range of complex commercial litigation and regulation of telecommunications. He tried cases involving significant environmental and scientific evidence issues and taught telecommunications law as an adjunct professor at Suffolk University Law School.
Prior to joining Mintz Levin, he was an associate at Wilmer Cutler Pickering in Washington, D.C. and a law clerk to Senior Circuit Judge Elbert P. Tuttle of the United States Court of Appeals for the Fifth Circuit. During the 2004 presidential campaign, Cameron Kerry was a close adviser and national surrogate for Democratic nominee John Kerry. He has been deeply involved in electoral politics throughout his adult life. He is a magna cum laude graduate of Boston College Law School (1978), where he was winner of the school’s moot court competition and a law review editor. and a cum laude graduate of Harvard College (1972).
Cameron Kerry also has been actively engaged in politics and community service throughout his adult life. In 2004-04, he was a senior adviser and national surrogate in the U.S. Presidential campaign, traveling to 29 States and Israel. He has served on the boards of non-profits involved in civic engagement and sports.
The Senate will begin hearings on D.C. Circuit Judge Brett Kavanaugh’s nomination to the Supreme Court immediately after Labor Day. The nomination is mired in controversy after Republicans insisted in 2016 that it was improper to consider a nominee so close to an election and are now trying to push the nomination through without permitting a proper vetting of his record.
The EFF’s Camille Fischer, Corynne McSherry and Shahid Buttar recently published “Questioning Kavanaugh About Digital Privacy and Net Neutrality.”
Camille Fischer joins us to talk about the Kavanaugh nomination which the San Jose Mercury has called Kavanaugh’s nomination a “disaster for the technology industry and the users of tech products.” See Is Judge Kavanaugh a “Disaster” For Tech?, Cyber Report.
Now, with Michael Cohen’s guilty plea implicating President Trump and raising questions about the legitimacy of the Trump presidency, Democrats have found a new line of attack against the nomination.
I have cancelled my meeting with Judge Kavanaugh. @realDonaldTrump, who is an unindicted co-conspirator in a criminal matter, does not deserve the courtesy of a meeting with his nominee—purposely selected to protect, as we say in Hawaii, his own okole.
Mark serves as senior product and privacy counsel to Fortune 500 and 100 companies. A zealous advocate of privacy by design, Mark counsels end-to-end privacy implementation in all aspects of product development and go-to-market strategies.
A frequent lecturer and speaker on US / EU comparative privacy laws and GDPR compliance best practices and strategies, Mark currently serves as Chairman of the Internet and Privacy Law Committee of the Business Law Section of the California Lawyers Association (formerly, the State Bar of California). Mark has been counseling on global privacy laws since 2004 and is a member of the International Association of Privacy Professionals.
Currently serving as embedded Senior Counsel at Autodesk, Inc., through Paragon Legal, acting as lead legal business partner for two business units, implementing privacy by design while helping build a new business and bring a new SaaS solution to market. Mark has advised companies around the world at all stages, from Fortune 100 to startups, on global privacy compliance, product development, and go-to-market strategies.
Bennet Kelley speaks with Jared Gordon, an attorney in the Business Practice Group of McCormick Barstow, LLP and Joshua de Larios-Heiman, CIPP/US, the founder and managing director of Data Law, They discuss various issues in the California State Legislature including new privacy law, net neutrality and an email bill.
Amnesty International's latest report discusses what a lot of Twitter'sfemale users already know: the social network is toxic for women. The non-government organization says the platform fails to respect women's rights by not "investigating and responding to reports of violence and abuse in a transparent manner." By being inconsistent in the enforcement of policies and by failing to clarify what is and isn't acceptable on the platform, it's fostering a hostile environment. That forces women to self-censor and even to stay silent due to fear of receiving abusive messages, including rape and death threats. According to Amnesty, that makes the problem a human rights issue.
Amnesty International technology and human rights researcher Azmina Dhrodia talks to Bennet Kelley framing Twitter's abuse problem towards women as a human rights issue in an effort to force the platform to enforce its policies consistently and in a transparent way.
Bennet Kelley welcomes Peter Edelman, his law professor and aide to Bobby Kennedy, to talk about the 50th anniversary of his presidential campaign and assassination and what it means today.
Peter Edelman is the Carmack Waterhouse Professor of Law and Public Policy at Georgetown University Law Center, where he teaches constitutional law and poverty law and is faculty director of the Georgetown Center on Poverty and Inequality.
There were 800+ lawsuits last year over website accessibility. Today on CLBR Bennet talks to Kathy Wahlbin and Heather Antoine to learn how to be compliant.
Heather Antoine of the Antoine Law Group in Beverly Hills returns along with Kathy Wahlbin, Founder of Interactive Accessibility in Boston to discuss how the ADA applies to websites; the role of advocates for the disabled and the Justice Department in ensuring website accessibility; the Trump administration’s view of accessibility; and what are web accessibility guidelines and how you can make your website compliant?
Over the years, CLBR has tried to provide insight from a tech perspective on upcoming elections. In 2014, when there was a vacancy in the Congressional District representing Silicon Beach we hosted a tech debate among the leading candidates. In 2016, we had a discussion of Engine’s Presidential Candidate Scorecard (for which Trump received an “F”) and provided a preview of the Presidential and Senate Primary for California.
This year we are focusing on one race and one candidate, in particular, as being representative of a much larger trend that is of interest to the cyber community (i) promotion of science, technology and STEM education; (ii) net neutrality, (iii) privacy and cybersecurity; (iv) immigration and tolerance and (v) concerns over an increasing radicalization of the Republican Party in Washington and refusal to acts as a check on Trump.
ca-25-jess-phoenix-for-congress-poster_large_fullsizeJess Phoenix represents a number of trends this election. She is one of over 300 women running for the House (a record), is running in California which has been on the front lines of many of the battles; and is part of a wave of scientists running for Congress. In addition, she is challenging an incumbent Republican in a district carried by Hillary Clinton in 2016, making this district one of the many swing districts that will determine control of Congress.
Her race has captured both local and national attention. As a scientist, she is a strong proponent of Green Tech. She is also a strong advocate of cybersecurity due to her husband’s work in the field.
Tyler Marandola is a member of the Intellectual Property Litigation Group. He prosecutes and defends cases involving patents, copyrights, trademarks, licensing, unfair competition, and other commercial disputes. Tyler has experience in the areas of pharmaceutical and medical device patent litigation, as well as experience in transactional work and patent counseling and licensing, including within the biotech, mechanical, and telecommunication fields.
Tyler’s recent experience includes defending clients against allegations of infringement under software-related patents, as well as litigating patent claims relating to medical treatments and genetic sequencing. In addition, he has litigated copyright and trademark cases in various jurisdictions and has experience in proceedings before the Patent Trial and Appeal Board (PTAB) and the Trademark Trial and Appeal Board (TTAB).
Co-Author, GDPR And The Future of WHOIs Data, National Law Review (April 3, 2018).
What is often overlooked, however, is that the sharing economy is a platform driven economy and at the heart of it all is data. Simon Fraser University Professor Katherine Reilly joins us to explain the issues arising from this new economic model both in North America and in the developing world.Professor Reilly is an Associate Professor in the School of Communications at Simon Fraser University in Vancouver. Her work focuses on the impact of digital technologies on development, in particular, the impact of the platform economy in Latin America. Her work in this area includes Data, the Sharing Economy and Canadian Federal Regulation, Medium (Feb. 16, 2018); The downside of Uber, Airbnb and the sharing economy, The Journal of Developing Societies (2017). Simon Fraser University has become Canada’s leading comprehensive university with vibrant campuses in British Columbia’s largest municipalities (Vancouver, Burnaby and Surrey) and deep roots in partner communities throughout the province and around the world. Its notable alumnus include Canadian hero Terry Fox and First Lady/First Mother Margaret Trudeau. SFU is also the only non-American university to compete in the NCAA.
Raif Badawi is a 34-year old Saudi activist, blogger and creator of the website Free Saudi Liberals. His writings called for greater religious tolerance in Saudi Arabia which is dominated by Wahhabi Islamic fundamentalists. (See CLBR Backgrounder: Saudi Arabia.) They include:
Is Liberalism Against Religion?Liberalism provides all that is necessary for individual freedoms, as well as freedom of religion, without imposing upon the society the tutelage of a certain sect or tyrant.Religions, according to the concept of liberalism, are personal and special choices. A liberal country has no religion, which doesn’t mean it’s godless. It means it protects the rights of all the religions and nurtures all of them without distinction or upholding one over the others. It doesn’t apple-polish the majority’s religion over the minorities’.
No to Building a Mosque in New York CityFinally, it’s clear to observers that our Muslims in Saudi Arabia disrespect the beliefs of others. We consider them apostates. Those who are Muslims but are not believers in the Hanbali school are seen, in a very limiting way, as aliens. Having this mentality in our society is destructive: How will we be able to build a human civilization with positive relations with the 7 billion people around the world when 5.5 billion of them don’t even believe in Islam?
Badawi’s saga, however, demonstrates that the Saudi regime has no tolerance for religious tolerance.
2008: Badawi was detained on apostasy charges. He was released prevented from leaving Saudi Arabia.2009: Badawi and his wife’s bank accounts were frozen.2012: Badawi was arrested on a charge of “insulting Islam through electronic channels” and cited for apostasy which carries an automatic death sentence.2013: Badawi was convicted and sentenced to seven years in prison and 600 lashes for founding an Internet forum that “violates Islamic values and propagates liberal thought” and his website shut down.2014: Badawi’s sentence was increased to 1000 lashes, 10 years in prison, and a fine of 1 million riyals (equal to about $267,000), for “insulting Islam”.2015: Badawi received 50 lashes before hundreds of spectators in front of a mosque in Jeddah, the first in a total of 1,000 lashes to be administered over twenty weeks. Further flogging was suspended due to Badawi’s health and an international backlash.
Bennet Kelley speaks with Adam Winkler, author of We the Corporations: How American Businesses Won Their Civil Rights. The book sheds light on one of the most successful, yet least known civil rights movements in American history. Like minorities and women, corporations too have fought to win equal rights under the Constitution—and today they have…
Bennet Kelley holds a roundtable discussion on he Facebook Train Wreck and Fexit with Brenda Christensen and Dan Tynan. The Facebook / Data Analytica scandal has caused Facebook to lose nearly one-fifth of its value; has reignited the debate over internet privacy in the United States and sparked calls from some to abandon Facebook altogether (“Fexit”).
Bennet Kelley speaks with Darieth Chisolm, an Emmy Award-winning TV host and news anchor, author, life and business coach, who was devastated by the crime of cyber abuse and revenge porn after my life was threatened by a jealous ex-boyfriend. Darieth talks to us about 50 Shades of Silence, a global movement giving voice and dignity to victims of cyber harassment and online crimes. Our goal is to raise awareness to cyber stalking, cyber rape, cyber bullying and other online crimes.
Fixing A Broken Campaign System From Dark Money to Online Ads as Bennet Kelley speaks with Ann Ravel, the Former Chair Federal Elections Commission. In 2012, Ann Ravel was Chair of California’s Fair Political Practices Commission and joined us to talk about her idea to require disclosure of payments made to bloggers by political campaigns.
Melvin Goodman’s long career as a respected intelligence analyst at the CIA, specializing in US/Soviet relations, ended abruptly after twenty-four years. In 1990, Goodman resigned when he could no longer tolerate the corruption he witnessed at the highest levels of the Agency. In 1991 he went public, blowing the whistle on top-level officials and leading the opposition against the appointment of Robert Gates as CIA director. In the widely covered Senate hearings, Goodman charged that Gates and others had subverted “the process and the ethics of intelligence” by deliberately misinforming the White House about major world events and covert operations.
In this breathtaking exposé, Goodman tells the whole story. Retracing his career with the Agency, he presents a rare insider’s account of the inner workings of America’s intelligence community, and the corruption, intimidation, and misinformation that lead to disastrous foreign policy decisions. An invaluable and historic look into one of the most secretive and influential branches of US government—and a wake-up call for the need to reform its practices.
Cybercrime cost $600 billion in 2017. What are the top threats and vulnerabilities for 2018? Stan Stahl of Citadel Information Group returns to walk us through the threat landscape and discuss ways to build awareness about addressing cybersecurity. Dr. Stahl is a pioneer in the field of information security, having entered the field in 1980. Earlier in his career, he secured teleconferencing at the White House, databases inside Cheyenne Mountain and the communications network controlling our nuclear weapons arsenal. Dr. Stahl excels at helping his clients develop and implement information security management strategies consistent with their unique information security responsibilities, their business realities, and their cultural circumstances. He has that rare gift of being able to describe the complexities of information security in a way that makes sense to real-world non-technical business professionals.
The Tech Agenda in Washington DC for 2018 as Bennet Kelley speaks with Internet Infrastructure Coalition Co-Founder Policy Working Group Chair David Snead. When the House of Representatives returns to work on Monday there will be approximately 90-days left on the House calendar until election day. What is on tech’s agenda for this election-year session.
Bennet Kelley and guest Jim Hedger from Digital Always Media weigh in on the ongoing battle to Become the Home of Amazon HQ2.
Amazon HQ2 is a proposed new corporate headquarters for online retailer and tech company Amazon.com in North America, to supplement the existing Seattle headquarters. Amazon announced the initiative, along with a request for proposals from governments and economic development organizations, in September 2017, attracting attention from more than 200 cities in Canada, the United States and Mexico Amazon intends to have 50,000 workers at HQ2 and is planning to invest $5 billion in new construction.
Amazon, Apple, Facebook and Google have all come under scrutiny for anticompetitive behavior and market domination, with increasing calls that it may be necessary to break up one or all of these entities. This debate was fueled by commentaries by Matt Stoler and Lina Kahn from the Open Markets Institute (“OMI”). See Antitrust and the Tech Giants: A Reader. OMI reporter Kevin Carty joins us to discuss this debate.
Jeffrey A. Greenbaum, Managing Partner of Frankfurt Kurnit, returns to talk to Bennet about the Federal Trade Commission’s (FTC) increased focus on Influencer Marketing. They discuss a formal request that the Federal Trade Commission (FTC) investigate and bring enforcement actions related to the practice of non-disclosed advertising through “influencer” user profiles on Instagram.Based on an investigation conducted by Public Citizen and what is clear to anyone who browses popular Instagram profiles, Instagram has become a platform for disguised advertising directed towards young consumers.
Bitcoin, Blockchain Hype v Reality as Bennet Kelley speaks with Angela C. Walch, an Associate Professor at St. Mary’s University School of Law, 2017 was heralded as the year of Bitcoin and Blockchain Technology, only to be greeted in the new year with a major drop in Bitcoin value. What is the substance behind the hype? What is Bitcoin and Blockchain? What is its promise?
For his newest project, R. Sikoryak tackles the monstrously and infamously dense legal document, iTunes Terms and Conditions, the contract everyone agrees to but no one reads. In a word for word 94-page adaptation, Sikoryak hilariously turns the agreement on its head―each page features an avatar of Apple cofounder and legendary visionary Steve Jobs juxtaposed with a different classic strip such as Mort Walker’s Beatle Bailey, or a contemporary graphic novel such as Craig Thompson’s Blanketsor Marjane Satrapi’s Persepolis.
Adapting the legalese of the iTunes Terms and Conditions into another medium seems like an unfathomable undertaking, yet Sikoryak creates a surprisingly readable document, far different from its original, purely textual incarnation and thus proving the accessibility and flexibility of comics. When Sikoryak parodies Kate Beaton’s Hark A Vagrant peasant comics with Steve Jobs discussing objectionable material or Homer Simpson as Steve Jobs warning of the penalties of copyright infringement, Terms and Conditions serves as a surreal record of our modern digital age where technology competes with enduringly ironclad mediums.
In A Man and His Presidents: The Political Odyssey of William F. Buckley Jr., Alvin S. Felzenberg delves into the history of William J. Buckley, perhaps the most influential American conservative writer, activist, and organizer in the post-war era. Felzenberg explores little-known aspects of Buckley’s life, from his close friendship with the Reagans and role as a back-channel adviser to policymakers to his break with George W. Bush on the Iraq War.
It is important to remember that, when National Review was founded, Buckley was the leader of a fringe movement. He made conservatism respectable again after the Great Depression and Second World War had delegitimized it. His prominence was due not only to his energy, diligence, and charisma, but also to his novelty, his impudence. For many years people wanted to hear what he had to say because no one else was saying it. In the world of I Like Ike, the New Frontier, and the Great Society, no similarly situated member of the New York elite held his then-outlandish views on the role of government, academic freedom, the place of religion in public life, and confrontation with the Soviet Empire. His courage shifted the intellectual and political landscape.
The 2016 Presidential Election and the Cultural Forces that Powered Donald Trump past Hillary Clinton and into the White House are identified.
In his new book, The People Are Going To Rise Like The Waters Upon Your Shore. Author Jared Yates Sexton talks to Bennet Kelley about his sobering chronicle of the sicknesses that plague our democracy―a divided nation drowning in racism, misogyny, violence, fake news, and deep-rooted political polarization as a result of our self-constructed, technologically-assisted echo chambers.
Annual Year-End Heroes Zeros Show Wednesday December 20, 2017 at 10AM PT / 1PM ET on WebmasterRadio.fm We complete our 7th season with our annual year-end Heroes Zeros show. I have listed my nominees, but our panelists Brenda Christensen, Denise Howell and Dan Tynan are sure to have their own nominees.
Bennet Kelley speaks with the author of Move Fast and Break Things: How Facebook, Google, and Amazon Cornered Culture and Undermined Democracy, Jonathan Taplin .
Taplin is the Director Emeritus of the USC Annenberg Innovation Lab, and a former tour manager for Bob Dylan and The Band, as well as a film producer for Martin Scorsese. An expert in digital media entertainment, Taplin is a member of the Academy Of Motion Picture Arts and Sciences and sits on the California Broadband Taskforce and Los Angeles Mayor Eric Garcetti's Council on Technology and Innovation.
As memories of the Cold War fade, and worries about a new era of tense relations between Russia and the West emerge, the moment is ripe to revisit the decades when the United States and the Soviet Union—the world’s two “super powers”—dictated geopolitical strategy, foreign policy, and economic stability.
There were many reasons for the collapse of the Soviet Union and the rise of Russia, but one man in particular was able to conceive of a post-Communist future in which peace and prosperity might be shared with former enemies and adversaries. In Gorbachev: His Life and Times, Pulitzer Prize–winning historian William Taubman combines rigorous biographical research, compelling narrative skill, and extensive access to his subject to create a portrait of Mikhail Gorbachev, one of the most important political figures of the twentieth century.
It's CyberLaw and Business Report's 2018 Cyber Thanksgiving Special and for the 6th year, we celebrate the Wednesday before Thanksgiving with a special show featuring a guest panel discussing websites/apps they are grateful for, recommendations for Giving Tuesday and maybe even share what they will be cooking for Thanksgiving. Pete Kronowitt and Benét Wilson return from last year and Kalika Yap joins us for the first time.
Eric Goldman is a Professor of Law at Santa Clara University School of Law (SCU Law), where he is also Director of the school’s High Tech Law Institute. His research and teaching focuses on Internet law, intellectual property and marketing law.
Before becoming a full-time law professor, Eric practiced law in the Silicon Valley for 8 years, first as a technology transactions attorney at Cooley Godward LLP and then as General Counsel of Epinions.com, an Internet start-up company. Prior to Santa Clara, he was an Assistant Professor at Marquette University Law School in Milwaukee, Wisconsin. He has also taught as an adjunct professor at UC Berkeley Law School and the University of San Francisco Law School.
He blogs on Internet law matters at the Technology Marketing Law Blog, which is one of the most influential internet law blawgs in the U.S.
Eric recently curated a series of essays on Zeran v. AOL for Law.com (Commemorating the 20th Anniversary of Internet Law’s Most Important Judicial Decision) and on February 2, 2017, SCU Law is hosting a conference on Content Moderation Removal at Scale.
Eric is also an advocate in the fight against lung cancer.
The Plot to Hack America is the thrilling true story of how Putin’s spy agency, run by the Russian billionaire class, used the promise of power and influence to cultivate Trump as well as his closest aides, the Kremlin Crew, to become unwitting assets of the Russian government. The goal? To put an end to 240 years of free and fair American democratic elections. We assess with high confidence that Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the US presidential election, the consistent goals of which were to undermine public faith in the US democratic process, denigrate Secretary Clinton, and harm her electability and potential presidency. We further assess Putin and the Russian Government developed a clear preference for President-elect Trump. When it appeared to Moscow that Secretary Clinton was likely to win the election, the Russian influence campaign then focused on undermining her expected presidency.
A rogue tweet could bring down a business; an army of trolls can run a celebrity off-line; and virtual harassment might cause real psychological damage.
Shame Nation is the first book to both study the fascinating phenomenon of online shaming, and offer practical guidance and inspiring advice on how to prevent and protect against cyber blunders and faceless bullies. Author and acclaimed Internet safety expert Sue Scheff unveils all sides of an issue that it only becoming more relevant day by day while drawing from the expertise of other top professionals spanning fields including law, psychology, and reputation management.
From damning screenshots to revenge porn, Shame Nation shines a light on the rising trend of an online shame culture and empowers readers to take charge of their digital lives.
The Emerging Law of Cyber Defense was recently discussed At the 2017 Privacy + Security Forum at George Washington University. Former Computer Hacking and Intellectual Property prosecutor and Assistant U.S. Attorney Allen O’Rourke led a panel on the issue of “active defense” techniques in responding to cyber attacks. Bennet talks to him all about it.
Despite the outcome of the famous Techdirt lawsuit against Gawker, the Gawker effect continues. Bennet speaks with Techdirt founder Michael Masnick. Mike Masnick founded TechDirt in 1999. He coined the term “Streisand effect” in 2005 stemming from Barbra Streisand privacy lawsuit over aerial photographs taken of her Malibu estate.
By the turn of the decade, Techdirt was a central repository for all news relating to tech policy, and Masnick was one of the most prominent figures in a growing but-still-mostly-unorganized movement that cared fervently about issues relating to digital rights.”*
He is widely credited for being one of the leading media sources behind opposition to SOPA in 2012. Masnick was named a Hero by CLBR in 2012 and in September received the Electronic Frontier Foundation Pioneer Award as “an outspoken activist for digital rights, the First Amendment, and a free and open Internet.”
Today on Cyberlaw and Business report we are joined by Andrea Shalal, Senior Correspondent at Thomson Reuters. The German parliament in June approved legislation that will allow authorities to fine social media networks up to 50 million euros if they fail to remove hateful postings promptly, despite warnings that the law could limit free expression. Chancellor Angela Merkel’s conservatives will start talks in coming weeks on forming a new coalition with the environmental Greens, who abstained from voting for the law, and the pro-business Free Democrats (FDP), who opposed it outright. Parliamentary experts said it might be tough to overturn the law completely, but it would likely to be tweaked in coming years once authorities begin to implement it. Affected individuals or companies could also challenge it as unconstitutional, they said.
Voting in the United States is under attack. On Wednesday the Supreme Court will hear arguments on partisan gerrymandering that distorts election outcomes. Other courts have weighed in our voter suppression efforts designed to reduce voting by disfavored segments.
At the July DEFCON conference, there was a “Voting Machine Hacker Village” which featured more than 30 pieces of equipment for hackers to try their hand at, along with a cyber training range that simulated a board of elections office network and voter registration database. Within the first 90 minutes, hackers successfully hacked several pieces of equipment, including a machine and pollbook.
Cambridge Global Advisors’ CEO Jake Braun, who originally proposed the idea of the Voting Village, joins us to explain how they did it and what it means for our future elections.
Detroit Revisited: Is it the Next Startup Hub? With Techstars Mobility’s Ted Serbinski Wed 10AM PT/ 1PM ET Listen Live This is our third show on Detroit and over the years we have discussed the city’s rise and fall and potential recovery. In May, Ted Serbinski wrote Why I love the Detroit Startup Scene in VentureBeat
Hamilton 68 and Securing Democracy With Laura Rosenberger and Jamie Fly Wed 10AM PT/ 1PM ET Listen Live Laura Rosenberger and Jamie Fly from the German Marshall Fund’s Alliance for Securing Democracy discuss their latest project – Hamilton 68 a real-time dashboard that provides a near real-time look at Russian propaganda and disinformation efforts online.
He talks to Bennet about a recent case where a retired Air Force major is asking a federal court to declare Washington state's cyberstalking law unconstitutional, saying he's been threatened with prosecution — and up to a year in jail — for repeatedly making online posts that criticize a community activist.
Countdown to GDPR with the Future of Privacy Forum’s Gabriela Zanfir-Fortuna The new EU General Data Protection Regulation Goes into effect on May 25, 2018 Changes – What is Personal Data Changes – Scope (not limited to EU) Changes – Consent New Consumer Rights – e.g. “the right to be forgotten”, and a right of “data. Before moving to the US, Gabriela worked for the European Data Protection Supervisor in Brussels, dealing both with enforcement (compliance) and policy matters. At the EDPS she worked in Cooperation and International Relations, dealing among other issues with international data transfers, participating to the work of the Article 29 Working Party. Gabriela received the Junior Scholar Award in 2014 at the Computers, Privacy and Data Protection (CPDP) Conference in Brussels for her work on the right to be forgotten. She is the first Romanian author to publish a comprehensive volume on the rights of the data subjects (“Protectia datelor personale. Drepturile persoanei vizate”, C.H. Beck, Bucharest, 2015). She published extensively on privacy and data protection in international journals and collective volumes.
Today on Cyberlaw and Business Report We talk to Taina Bien-Aimé on Backpage and CDA 230. There is an urgent need to amend Section 230 because the 1st Circuit, in Doe v. Backpage, recently found that even if Backpage had participated in criminal activity, its conduct was protected from the claims of children who had been sold on its site. Indeed, the court advised the children to seek a legislative remedy because Section 230 was in conflict with the Trafficking Victims Protection Reauthorization Act. While some tech companies are now publicly calling for Backpage to be prosecuted in federal court, this is in stark contrast to their private actions in support of Backpage. The Center for Democracy and Technology, the Electronic Frontier Foundation, and other organizations representing technology companies have vigorously and consistently intervened in Backpage
Todays show Bennet is joined by Mick Minas. He has over two decades experience as a basketball coach and his writing has been published by New Matilda and Prime Number. He graduated from the University of Melbourne in 1998 and currently lives with his wife and two children in Melbourne, Australia. The Curse is his first book. Jim Lynam was the first head coach hired by Donald Sterling, coaching the Clippers from 1983 to 1985. He also coached the Philadelphia 76ers and Washington Bullets as part of a decorated career that spanned five decades. He currently lives in Philadelphia, where he provides pre and postgame analysis for the 76ers on Comcast SportsNet. Mick and Bennet speak heavily about Mick's recent Book The Curse: The Colorful Chaotic History of the LA Clippers. From Bill Walton’s feet to DeAndre Jordan’s free throws, something always seems to go wrong for the LA Clippers. Beginning with the highly unusual birth of the franchise, the Clippers’ legacy has always carried with it the haunting suspicion that the team is cursed. Author Mick Minas goes behind the scenes— interviewing players, coaches, and front office personnel—to create the first in-depth look at the history of the Clippers. The Curse is filled with drama: the unauthorized relocation of the franchise that led to the NBA filing a multi-million dollar lawsuit against the Clippers, the disruption of the team’s first playoff appearance by the Los Angeles riots, the bold but unsuccessful attempt to sign Kobe Bryant at the peak of his career, and the scandal that ultimately resulted in owner Donald Sterling being banned from the NBA for life.
Bennet Kelley discusses Cyber Censorship and Press Freedom with the Advocacy and Communications Director for Reporters Without Borders (RSF) Margaux Ewen.
Margaux joined RSF’s US office in July 2015 with a background in International Law. She has degrees from the Sorbonne in France and the George Washington University Law School in the US and speaks fluent French.
As thousands of websites plan a massive online protest to save Net Neutrality, including Twitter, Amazon, Reddit, Netflix, OK Cupid, Mozilla, Etsy, Kickstarter, and Vimeo. CLBR discusses this historic Internet-Wide Day of Action to Save Net Neutrality and what it means.
Our guest is Joshua Stager (@joshuastager) policy counsel and government affairs lead at the New American Foundation’s Open Technology Institute. Prior to joining New America, Stager was Sen. Al Franken’s law fellow on the Senate Judiciary Committee, where he focused on telecommunications, antitrust, commercial privacy, and surveillance policy. He was previously a legislative aide in the House of Representatives and an assistant editor at Congressional Quarterly.
Today on Cyber Law Business Report Brian Knappenberger joins the show. Brian is an award-winning documentary director, producer, and writer whose credits span film and television. His most recent feature film, The Internet’s Own Boy: The Story of Aaron Swartz, premiered at the Sundance Film Festival and is the winner of the Writers Guild Award for Best Screenplay. In March 2016, a Florida jury returned a $140 million verdict in favor of Terry Bollea aka Hulk Hogan against Gawker Media for publishing a tape of him having sex with the wife of his best friend (shock jock Bubba the Love Sponge). As the verdict forced Gawker into bankruptcy, it was discovered that the case had been funded by Silicon Valley billionaire Peter Thiel as a vendetta for past coverage of him and his personal life.
Supreme Court Strikes Blow Against Patent Trolls In 1990, only 1 patent lawsuit was filed in the Federal court for the Eastern District of Texas. In the first quarter of 2017 it was 311 or 1/3rd of all patent infringement suits.Today on Cyberlaw Bennet is joined by Joel Voelkze. Joel is CLBR’s patent expert in residence and heads Voelkze IP Law in Malibu, California. Prior to establishing his own office, Mr. Voelzke was a partner at Oppenheimer Wolff Donnelly which was an international law firm at the time. Mr. Voelzke represents clients ranging in size from startup technology companies to Fortune 500 companies. Mr. Voelzke’s representative clients include: Hewlett-Packard Company; Avery Dennison Corporation; MGA Entertainment, Inc.; Magnecomp Corporation; VIS Racing Sports, Inc.; Pricegrabber.com, Inc.; Menache LLC; Quiklite, Inc.; Electronics for Imaging, Inc.; New Dream Network, LLC; National R.V. Inc.; Country Coach LLC; and TechnoConcepts, Inc.
Today on Cyberlaw Radio Bennet is joined by the founder of TrollBusters Michelle Ferrier. TrollBusters was born at the International Women’s Media Foundation hackathon for women news entrepreneurs in New York City on January 30, 2015. The problem — Find a way to address trolls and cyberharassment that predominantly affects strong women voices online. Our solution — Counter hate with love by sending positive, affirming messaging for the target to the point of attack. We provide a hedge of protection around the individual, helping to provide emotional support and reputation management during cyber crises. TrollBusters won a top prize from Google at the International Women’s Media Foundation hackathon in New York in January 2015. The team won $3,000 for development. The Knight Prototype Fund awarded $35,000 in development funds in April 2015 to TrollBusters to develop a prototype for the positive messaging service.
Tynan and Christensen on Uber in Crisis Our frequent guests Dan Tynan and Brenda Christensen are back to talk about Uber in Crisis. Dan (@tynanwrites) is an award-winning tech journalist and former Editor-in-Chief o Yahoo Tech. Brenda (@brendachrist) is a tech veteran and President of Stellar Public Relations, a world leader in public
Today on Cyberlaw Business Report Bennet is joined by Ari Giovenco,the Director of Trade and International policy for the Internet Association. They go through everything digital under this presidential regime, specifically digital trade.
Ari Giovenco leads IA’s digital trade work and is primarily focused on promoting trade policies that encourage balanced intellectual property frameworks, intermediary liability protections, cross-border data flows, and restrictions on data localization. In addition, he covers a number of international regulatory matters that impact the digital economy and is active on global internet governance issues. Ari speaks regularly on these topics and is actively engaged with tech policy stakeholders across the spectrum.
Donald Trump being in office, just like anyone else, the digital market changes its playing field. They both touch on Trump's statements on not having to follow WTO ruling, and address trade barriers.
With the growing influence of social media, many companies are encouraging their employees to maximize their use of social media to connect with potential clients and diversify their marketing efforts. However, the employees’ frequent use of these social media platforms can compromise intellectual property assets, especially trade secrets. Thus, it is essential for companies to establish robust policies and procedures to protect proprietary information and avoid possible legal risks.
Talking about Russia and the Weaponized Narrative as Bennet Kelley with Braden R. Allenby Co-chair of the Weaponized Narrative Initiative of the Center for the Future of War, at Arizona State University. They discuss the impact that Russia may have played regarding the 2016 US and 2017 French general elections.
David Sandel returns to discuss the State of the Gigabit Nation.David is an accomplished executive architect focused on the planning and the execution of Smart or Gigabit City initiatives. As President of Sandel Associates. David and his team work with cities, community organizations and technology providers to develop plans to accelerate the development of their Smart or Gigabit City initative. In this regard, David has served as an advisor to the Google Fiber Mayors Bi-state Innovation Team MBIT and Mid-America Regional Council MARC of Kansas City and was also the co-author of Playing to Win – the Kansas City Google Fiber Playbook.David received his Bachelor of Science in Electrical Engineering degree from Washington University in St. Louis where he also attended graduate school. He has also served on a variety of state and local government economic development councils as well as regional and entrepreneurial planning boards.
Bennet interviews Annie Goldson, the director of Kim Dotcom: Caught in the Web, a feature-length documentary about one of the world’s most notorious Internet entrepreneurs (or pirates. depending on your point of view).
The film about the Germany-born, New Zealand-based founder of MegaUpload was recently featured at SXSW 2017 and is described as “a film about ownership, privacy and piracy in the digital age.”
Bennet talks to Eva Velasquez, the President/CEO at the Identity Theft Resource Center. Founded in 1999, the Identity Theft Resource Center® (ITRC) is a nationally recognized non-profit organization established to support victims of identity theft in resolving their cases and to broaden public education and awareness in the understanding of identity theft, data breaches, cybersecurity, scams/fraud, and privacy issues.
Daytona Beach News Journal Sports Editor Scott Zucker Returns to CLBR. With March Madness in full bloom, the NBA Playoffs and the baseball season about to start, we thought we would check in with Scott Zucker – especially in light of his recent column “Passer rating, not politics, hurting Colin Kaepernick” coming days after President Trump’s statements about the quarterback.
Bennet Kelley discusses Hate in the USA as he welcomes Heidi Beirich who leads the Southern Poverty Law Center’s Intelligence Project. She discusses the SPLC's findings that the number of hate groups in the United States rose for a second year in a row in 2016 as the radical right was energized by the candidacy of Donald Trump, according to their recently released annual census of hate groups and other extremist organizations.
Bennet Kelley welcomes back Free Press’ Matt Wood to talk about the Battle over Net Neutrality. Before joining Free Press, he worked at the public interest law firm Media Access Project and in the communications practice groups of two private law firms in Washington, D.C. Before that, he served as editor-in-chief for the Harvard Civil Rights-Civil Liberties Law Review, worked for PBS, and spent time at several professional and college radio and television stations.
Art is the founder of New Media Rights and a law professor at California Western School of Law, specializing in the areas of internet, intellectual property, privacy, and media law. Art has provided and overseen legal services to nearly 2000 small businesses, entrepreneurs, and creators, and is a 3 time appointee to the Federal Communication Commission’s Consumer Advisory Committee.
He is also co-author of Don't Panic: A Legal Guide (in plain english) for Small Businesses Creative Professionals, a book is co-written by Teri Karobonik who is a former Staff Attorney at New Media Rights where she worked with all manner of creative individuals on a daily basis on preventative, transactional and pre-litigation matters.Listeners can grab the book for 20% off ($3) by using this code "EHCBPZHD" at this special link.
Bennet Kelley welcomes back return guest Walter O’Brien (aka “Scorpion”). Walter is the founder of Los Angeles-based ScorpionComputerServices.com and ConciergeUp.com, a global think tank for hire that provides intelligence on demand as a concierge service for ANY funded need. Walter is the Executive Producer of the hit CBS-TV drama Scorpion with over 26 million television viewers that is inspired by his life.
Center for Strategic and International Studies senior vice president James Lewis, who writes on technology, security, and innovation., discusses Cybersecurity for the 45th President. Lewis is an internationally recognized expert on cybersecurity. His writings include “Cybersecurity for the 44th Presidency,” which was noted by President Barack Obama in his first speech on cybersecurity.
Bennet Kelley speaks with craigslist founder Craig Newmark about his campaign against online harassment at Wikipedia. Since 2011, Newmark has been working though craigconnects to unite the world for the common good using the Internet. It seeks to identify, connect, and promote organizations that are making that vision happen. This includes the organizations and interests highlighted below.
Bennet Kelley speaks with Wayne May, the founder of the UK-based Scam Survivors Online, a volunteer staffed organization that focuses on:
Making scammers’ lives harder by exposing their details and scripts to search engines.Educating the public, thus removing scammers’ sources of income as scams will continue as long as there are victims.Helping people to see that, even after being scammed, they CAN move forward and things DO get better.
Debating the American Empire as Bennet Kelley speaks with Stephen Kinzer, author of the new book, “The True Flag: Theodore Roosevelt, Mark Twain and the Birth of an American Empire”.
The True Flag tells the tale of a time when the nation was engulfed in a heated debate over whether to become a global empire and the consequences, as the United States weighed what to do with Hawaii and the possessions won in the Treaty of Paris (1898) that concluded the Spanish American War.
Frequent guest Jayne Hitchcock returns for the first time since CLBR #184 (June 3, 2015) to discuss her new book “Cyber Bullying and the Wild Wild Web.” J. A. Hitchcock is a nationally recognized cybercrime and cyberbullying expert who has helped pass laws related to online harassment in many states, including Maryland, Minnesota, Michigan, Maine, Rhode Island, and New Hampshire. As president of Working to Halt Online Abuse (WHOA, at http://www.haltabuse.org), J.A. helps victims of cyberstalking crimes fight back. She volunteers her time as a consultant on Internet crime cases for police departments worldwide, the U.S. Department of Justice Victims of Crime, and the National Center for Victims of Crime.
Trump Cabinet Confirmations Confronted and how the Democrats plan to confront and vet a select number of cabinet appointees for the incoming Trump administration. Plus, Bennet offers a preview of what to expect from upcoming episodes of CyberLaw and Business Report.
Bennet Kelley interviews Dan Lyons, author of Disrupted: My Misadventure in the Start-Up Bubble, and Human Rights Watch’s Kristine Beckerle comes on to talk about Social Media and Women’s Rights in Saudi Arabia.
As we do every year, we end the year with a light-hearted review of the cyber heroes and zeros of the year. Our frequent guests Dan Tynan and Brenda Christensen will be the judges alongside host Bennet Kelley.
The Struggle for Voting Rights discussed as Bennet Kelley speaks with Ari Berman, a senior contributing writer for The Nation and author of Give Us the Ballot: The Modern Struggle for Voting Rights in America. Berman is a senior contributing writer for The Nation magazine and a Reporting Fellow at The Nation Institute. Business Insider named Berman one of the “50 most influential political pundits” in the US. He’s written extensively about American politics, civil rights, and the intersection of money and politics. His stories have also appeared in The New York Times, Rolling Stone, The Atlantic, Politico and The Guardian, and he is a frequent guest and political commentator on MSNBC, NPR and C-Span. He’s lectured extensively around the country, including at the White House, Congress and the Supreme Court.
This week we feature one of the authors from the Miami Book Fair as Bennet Kelley speaks with Boston Globe columnist Michael A. Cohen author of American Maelstrom: The 1968 Election and the Politics of Division. In American Maelstrom, Michael A. Cohen captures the full drama of this watershed election, establishing 1968 as the hinge between the decline of political liberalism, the ascendancy of conservative populism, and the rise of anti-government attitudes that continue to dominate the nation’s political discourse. In this sweeping and immersive book, equal parts compelling analysis and thrilling narrative, Cohen takes us to the very source of our modern politics of division.
Michael A. Cohen is an author, columnist and regular commentator on both national politics and American foreign policy. He is a regular columnist for the Boston Globe and World Politics Review and the U.S Political Correspondent for the London Observer.
Bennet Kelley speaks with the authors of The Growth Gears, Art Saxby and Pete Hayes who share their linear method of transforming into a market-focused organization. The book provides a simple framework as well as tools and action steps for identifying and adding these “gears” to give your company a set of repeatable behaviors and processes to fully capitalize on your market potential.
CLBR’s Cyber Thanksgiving Special as Bennet Kelley welcomes his expert panel for a discussion of all the things they are thankful for this year. Aviation Queen Benet Wilson, Nimble's Jon Ferrara and Software Strategist of Intel's Open Source Technology Center Pete Kronowitt .
Bennet takes a clean break from election coverage thanks to our friends at the Miami Book Fair (MBFI). We broadcast our interview with Amy Haimerl, author of “The Detroit Hutstle: A Memoir of Love, Life Home”. Amy is a professor of journalism at Michigan State University and covers small business and urban policy for Fortune, Reuters and the New York Times. She was the entrepreneurship editor at Crain’s Detroit Business, where she covered the city’s historic bankruptcy trial. She is an alum of Fortune Small Business, CNNMoney and USAA Magazine, as well as a former Knight-Wallace Fellow at the University of Michigan.
2016 Post Presidential Election Analysis with Bennet Kelley welcoming back Mike O' Neil from national public opinion research firm O'Neil Associates. Michael J. O’Neil is President of O’Neil Associates, a national public opinion research firm based in Tempe, Arizona. O’Neil Associates has conducted more than 1,700 opinion research surveys in the last 35 years for entities including Fortune 100 companies, law firms, labor unions, hospitals, utilities, nonprofits, and government agencies. Dr. O’Neil has also been a television and radio commentator in every election since 1980. A sociologist by training, he has taught at several universities including the University of Michigan, the University of Illinois, and Northwestern.
Is Russia Trying to Influence Our Election? It would not be the first time, as Russia has a history of engaging in cyber attacks against rival nations. The Atlantic Council‘s Kenneth Geers (PhD, CISSP) (@KennethGeers) joins us to discuss this development. Plus, Veloz Group founder Adam Mendler and Ryan Sacks discuss ergonomics and disruption in the office space sector.
Bennet Kelley reports on location from the Information Systems Security Association Los Angeles Summit 2016,. He speaks with Chief Information Security Officer at Scripps Health Powell Hamilton and Andrea Hoy, the CEO of A. Hoy Associates, and the International President of Information Systems Security Association (ISSA).
Fighting Cyber Exploitation and Fundamentalism as University of Miami Law Professor and Cyber Civil Rights Initiative Vice President Mary Anne Franks returns to CLBR provide an update on the battle over Cyber Exploitation (more commonly known as Revenge Porn).
Social Media and Women’s Rights in Saudi Arabia as 14,000 Saudi Women Sign Petition to End Male Guardianship Laws In Response to Twitter Campaign. Bennet Kelley speaks with Human Rights Watch’s Kristine Beckerle (@K_Beckerle). Kristin is the Yemen and Kuwait researcher in the Middle East and North Africa Division, investigating international human rights and humanitarian law violations in Yemen and human rights abuses in Kuwait.