In this episode, Jody Westby interviews Gerry Stegmaier, a partner in ReedSmith’s Tech &amp; Data Group.  Gerry focuses on digital issues, corporate governance, incident response, privacy, and cybersecurity matters, plus other areas.  We discuss the new SEC Cybersecurity Risk Management Rule for public companies, how it differs from the proposed rule, key requirements and compliance deadlines, and the practical impact on cyber incident disclosures, identifying and disclosing material cyber risks, and how boards and C-suites will approach cyber governance.

96 | SEC Cyber Risk Management: What It Means and Will It Make a Difference

This week’s podcast episode features Steve Britt, Counsel at Parker Poe and privacy expert to discuss the five state privacy laws that went into effect in 2023 and the TEN that have been enacted in 2023, how they vary, what they have in common, and this new “trend” to protect consumer health data (not HIPAA data).  Steve also discusses the new requirement for Data Protection Assessments, expanded protections for children’s data, and regulatory risk factors and triggers.  He ends with key takeaways and has provided a slide deck for listeners to download and follow along as they listen to the podcast (see adcg.org/podcast for supplemental materials on this episode).

This week’s podcast episode features Steve Britt, Counsel at Parker Poe and privacy expert to discuss the five state privacy laws that went into effect in 2023 and the TEN that have been enacted in 2023, how they vary, what they have in common, and this new “trend” to protect consumer health data (not HIPAA data). Steve also discusses the new requirement for Data Protection Assessments, expanded protections for children’s data, and regulatory risk factors and triggers. He ends with key takeaways and has provided a slide deck for listeners to download and follow along as they listen to the podcast (see <a href="http://adcg.org/podcast" rel="nofollow" target="_blank">adcg.org/podcast</a> for supplemental materials on this episode).

95 | Data Privacy is Exploding: What You Need to Know & Do

This episode features Peter Halprin, a partner in the New York City office of Pasich LLP in New York, representing commercial policyholders in complex insurance coverage matters, including cyber.  We discuss the price increases in coverage and the scrutiny given claims under property and casualty, cyber, and corporate general liability policies, the risks in the application process, new technology risks associated with biometrics and AI, cyberwar exclusions, and possible changes to policy language to help manage claim risks to carriers.

94 | Cyber Insurance: What is Around the Corner?

This podcast episode features Mark Rasch, a renowned privacy and cybersecurity attorney, to discuss the SEC’s investigation into the SolarWinds incident and the “Wells notices” it sent to the company’s CISO and CFO.  The Wells notices indicate the SEC is conducting a civil investigation of those individuals and they may be facing enforcement actions.  The news sent tremors through the CISO community and brought back thoughts of Joe Sullivan’s criminal prosecution — and conviction — for the way he handled a breach while CISO at Uber.  The SEC’s action is civil, but it targets certain individuals.  We discuss what this means for CISOs, what they can do to protect themselves, and generally how the implementation of cyber governance programs can help protect CISOs by making cyber risk management a responsibility of all officers and directors.

93 | SolarWinds and SEC: CISOs Back in the Crosshairs

Tom Kemp

In this episode we discuss privacy rights with Tom Kemp, a Silicon Valley-based author, entrepreneur, investor, and policy advisor who helped get the CPRA adopted and is author of the California Delete Act of 2023.  His forthcoming book, Containing Big Tech: How to Protect our Civil Rights, Economy, and Democracy, published by Fast Company Press, focuses on the use of AI with personal data and the concentrated power of large Big Tech companies and how this paradigm impacts our personal privacy and lives.  As an angel investor, Tom also discusses the types of privacy and cybersecurity companies that he is attracted to and the need for more technical solutions that can help manage privacy compliance.  Here is an additional resource for you to post.  Plus his book is available on pre-order at https://www.amazon.com/Containing-Big-Tech-Protect-Democracy/dp/1639080619

In this episode we discuss privacy rights with Tom Kemp, a Silicon Valley-based author, entrepreneur, investor, and policy advisor who helped get the CPRA adopted and is author of the California Delete Act of 2023. His forthcoming book, Containing Big Tech: How to Protect our Civil Rights, Economy, and Democracy, published by Fast Company Press, focuses on the use of AI with personal data and the concentrated power of large Big Tech companies and how this paradigm impacts our personal privacy and lives. As an angel investor, Tom also discusses the types of privacy and cybersecurity companies that he is attracted to and the need for more technical solutions that can help manage privacy compliance. Here is an additional resource for you to post. Plus his book is available on pre-order at <a href="https://www.amazon.com/Containing-Big-Tech-Protect-Democracy/dp/1639080619" rel="nofollow" target="_blank">https://www.amazon.com/Containing-Big-Tech-Protect-Democracy/dp/1639080619</a>

92 | Interview With Tom Kemp, Silicon Valley Privacy Advocate and Author of Containing Big Tech

This week our guest is Sam DeNormandie, Senior Account Director with Silver Sky Security, a Managed Detection and Response (MDR) firm primarily servicing the small and mid-sized business (SMB) market.  Sam is a seasoned cybersecurity expert with experience at Cylance, Blackberry, and Cyvatar and understands the security needs of the small to mid-sized business.  This episode discusses the challenges faced by SMBs, in part due to the difficulty they have in hiring the people they need and managing the vulnerabilities they face.  The MDR industry is growing at CAGR 18.1% and is expected to be $22B by 2030.  What does that growth mean for MSSPs?  Join us for this episode and learn how companies are struggling to keep pace with the threat environment and how MDRs are filling a void.

91 | Managed Detection & Response; The Path Forward

This week our guest is Susan Israel, principal of Susan Israel Law, and one of the most respected privacy professionals in the field.  Susan has a pre-law background in broadcast news and publishing and has become one of the foremost experts on privacy compliance in the field of advertising technology.  We discuss key aspects of AdTech compliance, such as cookies, location data, and IP addresses, the issues associated with them, and trends in legal frameworks and regulatory approaches.  Susan also delves into industry groups playing a large role in AdTech and US and EU government perspectives.

90 | AdTech Meets Privacy Laws

This week’s podcast guest is Chris Jay Hoofnagle, professor of law in residence at the University of California, Berkeley and affiliated faculty with the Simons Institute for the Theory of Computing.  We discuss Chris and Simson Garfinkel’s new book, Law and Policy for the Quantum Age, what quantum technologies are, the consequential implications of quantum technologies, actions within the White House and Congress supporting quantum R&amp;D, and geopolitical issues in the race to develop quantum technologies.

89 | Quantum Technologies: What is Possible, Where We Are Headed & Policy Issues to Consider

This episode features Berit Anderson, COO of Future in Review and Strategic News Service, and Evan Anderson, CEO of INVNT/IP.  Both Berit and Evan are geopolitical analysts, tech thought leaders, and media executives.  We discuss the issue of whether TikTok will be banned in the U.S. and examine the data that could be collected, how it can be a rich source for open intelligence, and how it could be used for election interference.  Strategic News Service coined the term CRINK — China, Russia, Iran, and North Korea, and Berit and Evan discuss the geopolitical aspects of TikTok (including CRINK) and how it could be a threat to national security and cybersecurity.

88 | TikTok: A Path for Election Interference and Open Source Intelligence?

This week our guest is Heather West, Silicon Valley rock star and Senior Director of Cybersecurity Services at Venable LLP.  We explore artificial intelligence (AI) and chatbots, such as ChatGPT, and discuss what these technologies can do, who will be early adopters and beneficiaries of AI, whether articles or answers generated by AI can be trusted, and look at some of the privacy and security risks associated with AI.  Heather is policy and tech translator, product consultant, and long-term Internet strategies working at the intersection of emerging technologies, culture, governments, and policy. Prior to joining Venable, Heather had stints at Meta and Mozilla.

This week our guest is Heather West, Silicon Valley rock star and Senior Director of Cybersecurity Services at Venable LLP. We explore artificial intelligence (AI) and chatbots, such as ChatGPT, and discuss what these technologies can do, who will be early adopters and beneficiaries of AI, whether articles or answers generated by AI can be trusted, and look at some of the privacy and security risks associated with AI. Heather is policy and tech translator, product consultant, and long-term Internet strategies working at the intersection of emerging technologies, culture, governments, and policy. Prior to joining Venable, Heather had stints at Meta and Mozilla.

87 | Artificial Intelligence & Chatbots…Helpful or Harmful?

“ADCG on Privacy &amp; Cybersecurity” podcast brings together leaders in the privacy and cybersecurity arenas to discuss a wide range of issues ranging from the proposed federal and state regulations to best practices and standards for compliance. Data is the lifeblood of the U.S. economy and economic competitiveness issues loom large. The objective of the podcast is to bring cutting-edge views and newsworthy information on privacy and cybersecurity to our listening audience.  The podcast series is global in scope, bringing in issues from the EU, UK, Russia, China, Australia, New Zealand, India, Canada, and around the world.

Lauren Wallace, Chief Privacy Officer and General Counsel for RadarFirst, a leading tool for cyber incident management joins our host, Jody Wesby, on episode 86 of ADCG on Privacy &amp; Cybersecurity.  Building off our last podcast with Violet Sullivan, we discuss how privacy and cybersecurity incidents are converging and the difficulty large companies are having in managing the vast array of data involved in incident response, especially as it relates to U.S. and global privacy and cybersecurity compliance requirements.  We also delve into the complexity of notification requirements, involving law enforcement, consumer protection agencies, attorneys general, regulators, and victims and how incident response tools can help manage the notification process and decrease notification.  Lauren Wallace is a digital privacy subject matter expert, working at the intersection of technology and data subject rights. A senior privacy and technology counsel, Lauren has significant real-world experience in enterprise technology transactions, data protection, partnerships, and product.

Lauren Wallace, Chief Privacy Officer and General Counsel for RadarFirst, a leading tool for cyber incident management joins our host, Jody Wesby, on episode 86 of ADCG on Privacy &amp; Cybersecurity. Building off our last podcast with Violet Sullivan, we discuss how privacy and cybersecurity incidents are converging and the difficulty large companies are having in managing the vast array of data involved in incident response, especially as it relates to U.S. and global privacy and cybersecurity compliance requirements. We also delve into the complexity of notification requirements, involving law enforcement, consumer protection agencies, attorneys general, regulators, and victims and how incident response tools can help manage the notification process and decrease notification. Lauren Wallace is a digital privacy subject matter expert, working at the intersection of technology and data subject rights. A senior privacy and technology counsel, Lauren has significant real-world experience in enterprise technology transactions, data protection, partnerships, and product.

86 | Using Tools to Help Manage Incident Response

This week we are joined by Violet Sullivan, Vice President of Client Engagement for Redpoint Cybersecurity, and incident response expert.  Violet discusses how incident response has changed over the past five years, how ransomware has changed IR plans and how companies respond to attacks, and how cyber insurance has pushed revisions to incident response.  We also discuss the role incident response plays in litigation management, and what companies can do to improve their response and reduce risk.

85 | How Incident Response Has Changed

In this episode, Mark Graham, Director of the Wayback Machine of the Internet Archive discusses his work backing up the Internet, TV, radio, chats, etc. around the globe, and the role it plays in preserving not only data, but cultures of countries.  Mark describes the value of having content preserved and accessible from a source where governments can’t take it down and discusses the Internet Archive’s project in backing up and scanning data important to Urkaine’s culture, which is getting destroyed in the Russia-Ukraine conflict.  Archive.org and the Wayback Machine are live and freely accessible to research, journalism, academia, businesses, and ordinary people.Additional Resources:•	https://archive.org/web/•	https://www.theguardian.com/books/2022/dec/04/our-mission-is-crucial-meet-the-warrior-librarians-of-ukraine•	https://www.washingtonpost.com/politics/2022/09/29/russia-nord-stream-tucker-carlson-fox-news/•	http://blog.archive.org/2019/10/29/weaving-books-into-the-web-starting-with-wikipedia/•	https://www.youtube.com/watch?v=BWfqV_adW54&amp;t=19842s

In this episode, Mark Graham, Director of the Wayback Machine of the Internet Archive discusses his work backing up the Internet, TV, radio, chats, etc. around the globe, and the role it plays in preserving not only data, but cultures of countries. Mark describes the value of having content preserved and accessible from a source where governments can’t take it down and discusses the Internet Archive’s project in backing up and scanning data important to Urkaine’s culture, which is getting destroyed in the Russia-Ukraine conflict. <a href="http://Archive.org" rel="nofollow" target="_blank">Archive.org</a> and the Wayback Machine are live and freely accessible to research, journalism, academia, businesses, and ordinary people. Additional Resources: •	<a href="https://archive.org/web/" rel="nofollow" target="_blank">https://archive.org/web/</a> •	<a href="https://www.theguardian.com/books/2022/dec/04/our-mission-is-crucial-meet-the-warrior-librarians-of-ukraine" rel="nofollow" target="_blank">https://www.theguardian.com/books/2022/dec/04/our-mission-is-crucial-meet-the-warrior-librarians-of-ukraine</a> •	<a href="https://www.washingtonpost.com/politics/2022/09/29/russia-nord-stream-tucker-carlson-fox-news/" rel="nofollow" target="_blank">https://www.washingtonpost.com/politics/2022/09/29/russia-nord-stream-tucker-carlson-fox-news/</a> •	<a href="http://blog.archive.org/2019/10/29/weaving-books-into-the-web-starting-with-wikipedia/" rel="nofollow" target="_blank">http://blog.archive.org/2019/10/29/weaving-books-into-the-web-starting-with-wikipedia/</a> •	<a href="https://www.youtube.com/watch?v=BWfqV_adW54&amp;t=19842s" rel="nofollow" target="_blank">https://www.youtube.com/watch?v=BWfqV_adW54&amp;t=19842s</a>

84 | Internet Archive Project Related to Russia’s War with Ukraine

In this episode, we are joined by Matthew Esworthy, partner at Bowie-Jensen LLP, to discuss geofence warrants and their use by law enforcement in investigating the January 6 insurrection. Geofence warrants involve court issued warrants for geolocation data from Google.  These warrants were sealed and have only recently come to light through motions to suppress the evidence obtained from the geofence warrants. We explore Google’s process for responding to the 10,000 warrants it receives annually and the constitutional and legal issues swirling around them.

83 | Geofence Warrants and January 6: Constitutional and Privacy Issues

This week we are joined by Ron Raether, co-lead of the Privacy + Cyber team at Troutman Pepper, and explore aspects of the recent criminal conviction of Uber’s former CISO and fallout from Twitter’s former CISO turning whistleblower.  The “culture of fear” that has developed in CISO offices nationwide has dramatically increased risk for companies that have such a culture.  Ron Raether discusses how organizations can better support their CISOs and how the general counsel and outside counsel can help influence change in organizations for better governance and cyber risk management.  We also explore how CISOs can gain more C-suite visibility and board access.

82 | A Look at the Consequences of the Uber and Twitter CISO Cases

This week we are joined by Rachel Briggs and Richard Brinson from Savanti, a UK-based cybersecurity consulting entity.  Richard Brinson is CEO of Savanti, has been CISO at several large corporations, including Unilever and Sainsbury’s.  He was named one of the top CISOs in the world and has over 20 years of experience in the field.  Rachel Briggs is an Executive Adviser to Savanti and a leading expert on security and regularly advises large multinationals and governments.  She is an Associate Fellow and Chatam House and was awarded the OBE in 2014. Richard and Rachel have just authored The Future of Cyber Security Leadership Series and their first publication is “Cyber Security Leadership is Broken: Here’s how to fix it.”

81 | Looking at Cyber Leadership & Costly Mistakes

In this episode, two incredible guests discuss Cyber Command, its role and jurisdiction, and what it can do in cyber conflict situations and how it may help the private sector when under nation state attacks. Gary Corn is director of the Technology, Law &amp; Security Program at American University’s Washington College of Law and former career military with his last position as the Staff Judge Advocate (General Counsel) to U.S. Cyber Command.  Jamil N. Jaffer is the Founder and Executive Director of the National Security Institute, and an Assistant Professor of Law and Director of the National Security Law &amp; Policy Program and the nation’s first Cyber, Intelligence, and National Security LLM at the Antonin Scalia Law School at George Mason University.  Jamil is also affiliated with Stanford University’s Center for International Security and Cooperation and served on  the leadership teams of the Senate Foreign Relations Committee as Chief Counsel and Senior Advisor and as Senior Counsel to the House Permanent Select Committee on Intelligence.

80 | Cyber Command: Its role in Cybersecurity and National Security

This week we are joined by Carlos Solari, ADCG Advisory Board Member and VP of Product for SecureG, Inc., a company developing universal security technologies for 5G, industrial IoT and other critical infrastructure.We discuss 5G availability, how an orchestrated 5G attack could occur, how to rethink the security problem with 5G, and how 5G is connected to national security.

79 | Understanding 5G Cybersecurity Issues

This episode features Cory Simpson, Founder &amp; CEO of Gray Space Strategies Inc., who discusses the relationship between privacy, cybersecurity, and national security. He draws upon his experience as Senior Director and lead for the U.S. Cyberspace Solarium Commission and discusses whether the U.S. Government and private sector are prepared for conflict involving critical infrastructure.  Cory also describes how national security has evolved over the past several decades and looks at how some privacy protections in the American Data Privacy &amp; Protection Act may be important national security considerations.

78 | The Nexus Between Privacy, Cybersecurity & National Security

This episode features Andrew Grosso, a former Assistant U.S. Attorney and tech lawyer whose practice focuses on whistleblower complaints.  We take a look at the legal framework for whistleblowers and protections afforded them and then delve into the Twitter whistleblower case in which their former CISO handed over evidence to the DOJ, FTC, and SEC detailing gaps in Twitter’s cybersecurity practices.  We discuss whether we are on the edge of a new trend...tech whistleblowers who will expose privacy and cybersecurity gaps within the companies they work for.

77 | Privacy & Cybersecurity Whistleblowers: A New Trend?

ADCG on Privacy & Cybersecurity

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