Who’s the boss of AI?

This week on Caveat, Dave and Ben welcome back N2K’s own ⁠⁠Ethan Cook⁠⁠ for our latest policy deep dive segment. As our lead analyst, Ethan shares his knowledge of law, privacy, and surveillance on the latest policy developments shaping the cybersecurity and legal landscape. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Complete our annual ⁠audience survey⁠ before August 31. Policy Deep Dive In this Caveat Policy Deep Dive, our conversation and analysis revolve around preemption. Recently, Congress attempted to use preemption as a justification to pass a moratorium that would have overridden all current state AI legislation and prevented any new state AI bills from being passed. While the measure failed, this action is representative of a growing debate over how the government should regulate AI. Get the weekly Caveat Briefing delivered to your inbox. Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠Caveat Briefing⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠N2K Pro⁠⁠⁠ members on ⁠⁠⁠N2K CyberWire's⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more. This week’s ⁠⁠⁠Caveat Briefing⁠⁠⁠ covers how the U.S. SEC has issued new guidance on crypto-based exchange-traded products, signaling the start of a broader regulatory framework that could accelerate the approval of dozens of crypto ETFs, including those tied to Solana, XRP, and even meme coins. While full rule changes are still in development, the guidance marks a shift in the agency’s stance under Republican leadership and could significantly streamline the listing process for new crypto products. Curious about the details? Head over to the ⁠⁠⁠Caveat Briefing⁠⁠⁠ for the full scoop and additional compelling stories. Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠[email protected]⁠⁠⁠. Hope to hear from you. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week, we are joined by Gary Barlet, former Federal CIO and Air Force Cyber Operations Officer and current Public Sector CTO at Illumio, to discuss how this approach to cybersecurity leaves some states much more at risk than others. Ben discusses some major Supreme Court decisions from the just concluded 2025 term. Dave's got the story of a license plate reader company dialing back access after media reports reveal potential oversharing. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Complete our annual audience survey before August 31. Links to today's stories: CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TRUMP, PRESIDENT OF THE UNITED STATES, ET AL. v. CASA, INC., ET AL. ON APPLICATION FOR PARTIAL STAY Flock Removes States From National Lookup Tool After ICE and Abortion Searches Revealed ⁠Get the weekly Caveat Briefing delivered to your inbox. Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more. This week's ⁠Caveat Briefing⁠ covers two major U.S. Supreme Court rulings that may shape the future of digital policy. The Court upheld both the FCC’s authority to fund the Universal Service Fund—preserving billions for internet access in underserved communities—and a Texas law requiring age verification for adult content, sparking renewed debate over online privacy, free speech, and regulatory reach. Curious about the details? Head over to the ⁠⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories. Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠⁠[email protected]⁠⁠⁠⁠⁠⁠. Hope to hear from you. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week on Caveat, Dave and Ben sit down with Andy Boyd, former Director of the CIA’s Center for Cyber Intelligence (CCI) and now an operating partner at AE Industrial Partners, a private equity firm focused on national security and aerospace. With decades of experience leading cyber operations at one of the most secretive U.S. intelligence agencies, Andy shares candid insights on the state of offensive cyber operations in the United States. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  ⁠Get the weekly Caveat Briefing delivered to your inbox. Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠⁠ members on ⁠⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more. This week's Caveat Briefing covers a contentious move in Congress as the Senate parliamentarian ruled that a provision banning state regulation of AI for 10 years can remain in President Trump’s tax and spending bill. The decision allows the measure—which ties AI regulation to federal broadband funding access—to proceed under budget reconciliation, despite bipartisan skepticism and growing concerns over federal overreach into states' rights. Curious about the details? Head over to the ⁠⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠⁠ for the full scoop and additional compelling stories. Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠⁠[email protected]⁠⁠⁠⁠⁠. Hope to hear from you. Learn more about your ad choices. Visit megaphone.fm/adchoices

Please enjoy this encore of Caveat. Camille Stewart Gloster, Former Deputy National Cyber Director at the White House, is sharing a retrospective of her public service career. Ben discusses a new lawsuit in Illinois challenging automatic license plate readers. Dave's got the story of an AI hotline between the US and China. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Links to the stories: ⁠Illinois' use of cameras that read license plates amounts to 'dragnet surveillance,' lawsuit alleges⁠ ⁠The U.S. and China Need an AI Incidents Hotline⁠ Caveat Briefing A companion weekly newsletter is available CyberWire Pro members on the CyberWire's website. If you are a member, make sure you subscribe to receive our weekly wrap-up of privacy, policy, and research news, focused on incidents, techniques, tips, compliance, rights, trends, threats, policy, and influence ops delivered to you inbox each Thursday. Got a question you'd like us to answer on our show? You can send your audio file to ⁠[email protected]⁠. Hope to hear from you. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week on Caveat, Dave and Ben welcome back N2K’s own ⁠Ethan Cook⁠ for our latest policy deep dive segment. As a trusted expert in law, privacy, and surveillance, Ethan is joining the show regularly to provide in-depth analysis on the latest policy developments shaping the cybersecurity and legal landscape. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Policy Deep Dive In this Caveat Policy Deep Dive, our conversation and analysis revisits antitrust policy. Throughout this conversation, we break down how President Trump has pursued one of the most aggressive initial antitrust policies in decades. Since taking office, the FTC and DOJ have continued to pursue many of the antitrust cases that the former Biden administration was pursuing targeting many Big Tech companies. However, these cases are not minor as in each of the cases, the Trump administration is actively pursuing major company breakups. Get the weekly Caveat Briefing delivered to your inbox. Like what you heard? Be sure to check out and subscribe to our ⁠⁠Caveat Briefing⁠⁠, a weekly newsletter available exclusively to ⁠⁠N2K Pro⁠⁠ members on ⁠⁠N2K CyberWire's⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more. This week’s ⁠⁠Caveat Briefing⁠⁠ covers how Italy has cut ties with the Israeli spyware firm, Paragon after revelations that its technology was used to surveil government critics, including journalists and migrant rescue workers, sparking political outrage. A parliamentary report confirmed that Italian intelligence services had first paused, then terminated use of the spyware, though the timeline of the decision remains disputed. Curious about the details? Head over to the ⁠⁠Caveat Briefing⁠⁠ for the full scoop and additional compelling stories. Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠[email protected]⁠⁠. Hope to hear from you. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week on Caveat, Ben’s got the story of Texas becoming the second—and largest—state to pass a law requiring Apple and Google to verify users' ages on app stores and get parental consent before kids and teens can download apps or make purchases, signaling a broader push toward stricter online age checks. Dave dives into the story of President Trump’s 2026 budget proposal, which calls for slashing over 1,000 jobs at CISA and cutting the agency’s budget by nearly half a billion dollars, raising bipartisan concerns about the future of federal cybersecurity programs. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Links to stories: ⁠Trump budget proposal would slash more than 1,000 CISA jobs A new Texas law mandates age checks on phones. It may be just the start. ⁠Get the weekly Caveat Briefing delivered to your inbox. Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠⁠N2K Pro⁠⁠⁠⁠ members on ⁠⁠⁠⁠N2K CyberWire's⁠⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more. This week’s ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ is on how a federal judge is weighing less aggressive remedies in the U.S. antitrust case against Google, suggesting limited data sharing and conditional changes to its deals with Apple rather than the sweeping 10-year plan proposed by regulators. The judge also noted that emerging AI tools like ChatGPT could disrupt traditional search, raising questions about how future competitors should factor into the case. Curious about the details? Head over to the ⁠⁠⁠⁠Caveat Briefing⁠⁠⁠⁠ for the full scoop and additional compelling stories. Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠⁠[email protected]⁠⁠⁠⁠. Hope to hear from you. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week on Caveat, Ben’s got the story of a federal judge rejecting Google and Character.AI’s claim that their chatbot’s messages are protected free speech, allowing a wrongful death lawsuit over a teen’s suicide linked to the chatbot to move forward. Dave’s story is on the growing challenges of assigning legal and financial responsibility when autonomous AI agents, increasingly deployed by tech giants like Google and Microsoft, make costly mistakes due to miscommunication or errors in multi-agent systems. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Links to stories: Judge rejects claim chatbots have free speech in suit over teen’s death Who’s to Blame When AI Agents Screw Up? Get the weekly Caveat Briefing delivered to your inbox. Like what you heard? Be sure to check out and subscribe to our ⁠⁠⁠Caveat Briefing⁠⁠⁠, a weekly newsletter available exclusively to ⁠⁠⁠N2K Pro⁠⁠⁠ members on ⁠⁠⁠N2K CyberWire's⁠⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more. This week’s ⁠⁠⁠Caveat Briefing⁠⁠⁠ is on Texas Governor Greg Abbott signing a law that requires Apple and Google to enforce age verification and parental consent for app downloads and in-app purchases by users under 18, effective January 1. While child safety groups support the law as necessary for protecting kids, Apple and Google oppose it citing privacy concerns and potential legal challenges, suggesting instead more targeted age data sharing with apps that truly need it. Curious about the details? Head over to the ⁠⁠⁠Caveat Briefing⁠⁠⁠ for the full scoop and additional compelling stories. Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠⁠[email protected]⁠⁠⁠. Hope to hear from you. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week on Caveat, Ben covers growing backlash to a federal proposal that would block states from enforcing their own AI laws for the next decade—a move critics call unconstitutional and a gift to Big Tech. Meanwhile, Dave unpacks the newly signed Take It Down Act, which criminalizes the distribution of nonconsensual intimate images, including AI deepfakes, and requires platforms to remove them within 48 hours. While the law has broad support, civil liberties groups warn it could lead to censorship, selective enforcement, and false hope for victims. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Links to stories: Trump signs the Take It Down Act into law On AI Policy, Congress Shouldn’t Cut States Off at the Knees Get the weekly Caveat Briefing delivered to your inbox. Like what you heard? Be sure to check out and subscribe to our ⁠⁠Caveat Briefing⁠⁠, a weekly newsletter available exclusively to ⁠⁠N2K Pro⁠⁠ members on ⁠⁠N2K CyberWire's⁠⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more. This week’s ⁠⁠Caveat Briefing⁠⁠ is on how the U.S. and UAE have signed a landmark agreement allowing the UAE to build the largest AI campus outside the U.S., easing previous export restrictions and marking a strategic shift to deepen U.S.-UAE tech ties while managing national security concerns and maintaining trade relations with China. Curious about the details? Head over to the ⁠⁠Caveat Briefing⁠⁠ for the full scoop and additional compelling stories. Got a question you'd like us to answer on our show? You can send your audio file to ⁠⁠[email protected]⁠⁠. Hope to hear from you. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week on Caveat, Dave and Ben welcome back N2K’s own Ethan Cook for our latest policy deep dive segment. As a trusted expert in law, privacy, and surveillance, Ethan is joining the show regularly to provide in-depth analysis on the latest policy developments shaping the cybersecurity and legal landscape. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Please take a moment to fill out an audience survey! Let us know how we are doing! Policy Deep Dive In this Caveat Policy Deep Dive, our conversation and analysis revolve around critical infrastructure policy. Throughout this conversation, we break down how critical infrastructure policy has evolved over the past fifteen years and what policies have been behind some of these advancements. Some key topics focused on during this conversation center on some of the centralization of infrastructure management policies, the creation of CISA, and how the second Trump administration is changing the federal government's approach when managing critical infrastructure. Get the weekly Caveat Briefing delivered to your inbox. Like what you heard? Be sure to check out and subscribe to our ⁠Caveat Briefing⁠, a weekly newsletter available exclusively to ⁠N2K Pro⁠ members on ⁠N2K CyberWire's⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more. This week’s ⁠Caveat Briefing⁠ a new bill that is gaining traction in Congress where Senators Merkley and Kennedy are looking to limit the TSA's facial scanning program. This law comes after the DHS announced an audit regarding how the TSA has used this technology. Curious about the details? Head over to the ⁠Caveat Briefing⁠ for the full scoop and additional compelling stories. Got a question you'd like us to answer on our show? You can send your audio file to ⁠[email protected]⁠. Hope to hear from you. Learn more about your ad choices. Visit megaphone.fm/adchoices

This week, Ben and Dave tackle two major policy stories making headlines. Ben unpacks the Fourth Circuit’s long-awaited ruling in United States v. Chatrie, where the court failed to reach a majority decision on whether geofence warrants violate the Fourth Amendment. Instead, the panel affirmed the lower court’s decision based solely on the good-faith exception, leaving key constitutional questions unanswered. Then, Dave covers the latest twist in the Epic Games v. Apple saga: a federal judge ruled that Apple willfully defied a court order to open up iOS app payment options—referring the company and a senior executive for potential criminal investigation. While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney.  Please take a moment to fill out an ⁠audience survey⁠! Let us know how we are doing! Links related to our show this week: ⁠The Fourth Circuit's Geofencing Case Ends Not With a Bang But A Whimper Apple violated court’s order to loosen app store rules, judge says Get the weekly Caveat Briefing delivered to your inbox. Like what you heard? Be sure to check out and subscribe to our ⁠Caveat Briefing⁠, a weekly newsletter available exclusively to ⁠N2K Pro⁠ members on ⁠N2K CyberWire's⁠ website. N2K Pro members receive our Thursday wrap-up covering the latest in privacy, policy, and research news, including incidents, techniques, compliance, trends, and more. This week’s ⁠Caveat Briefing⁠ covers the story of how a proposed bipartisan U.S. law aims to crack down on semiconductor chip smuggling by mandating location-tracking technology, while President Trump’s 2026 budget proposes major cuts to CISA’s cybersecurity efforts, signaling shifting federal priorities amid growing concerns over national security and tech competition with China. Curious about the details? Head over to the ⁠Caveat Briefing⁠ for the full scoop and additional compelling stories. Got a question you'd like us to answer on our show? You can send your audio file to ⁠[email protected]⁠. Hope to hear from you. Learn more about your ad choices. Visit megaphone.fm/adchoices