Steptoe Cyberlaw Podcast: An Interview with Ellen Nakashima

Stewart Baker
Friday, October 7, 2016, 2:08 PM

In episode 132, our threepeat guest is Ellen Nakashima, star cyber reporter for the Washington Post.

Published by The Lawfare Institute
in Cooperation With
Brookings

In episode 132, our threepeat guest is Ellen Nakashima, star cyber reporter for the Washington Post. Markham Erickson and I talk to her about Vladimir Putin’s endless appetite for identifying—and crossing—American red lines, the costs and benefits of separating NSA from Cyber Command, and the chances of a pardon for Edward Snowden. Ellen also referees a sharp debate between me and Markham over the wisdom of changing Rule 41 to permit judges to approve search warrants for computers outside their district.

In the news roundup, Meredith Rathbone explains the remarkably aggressive, not to say foolish, European proposal to impose export controls on products that would enable state surveillance in cyberspace. Apparently locked in a contest with Brussels over who can propose the dumbest regulation of cyberspace, California has adopted a law that purports to prohibit entertainment sites like IMDb from publishing the true ages of actors and actresses. Markham and I debate the constitutionality of the measure.

In other California news, Markham brings us up to date on the surveillance lawsuit against Google. He also explains the deep Washington maneuvering over FCC Chairman Wheeler’s plan for cable set top boxes. I call for a rule that requires cable CEOs to wait at home for days of rescheduled calls to find out whether they’re going to get the result they want.

As always, the Cyberlaw Podcast welcomes feedback. Send email to CyberlawPodcast@steptoe.com or leave a message at +1 202 862 5785.

Download the 132nd episode (mp3).

Subscribe to the Cyberlaw Podcast here. We are also on iTunes, Pocket Casts, and Google Play (available for Android and Google Chrome)!

The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.


Stewart A. Baker is a partner in the Washington office of Steptoe & Johnson LLP. He returned to the firm following 3½ years at the Department of Homeland Security as its first Assistant Secretary for Policy. He earlier served as general counsel of the National Security Agency.

Subscribe to Lawfare