Episode #105: Jack Goldsmith on North Korea, the FBI, and Attribution of the Sony Attack
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 9 January 2015
⏱️ 30 minutes
🧾️ Download transcript
Summary
This week, Ben and Jack sat down in sunny Palo Alto to discuss what we know about the Sony Pictures cyber-attack, the FBI’s response, and the lingering questions about the credibility of the US government’s claim that North Korea was behind the attack. They explore the tradeoffs inherent in explaining or proving the governments attribution claims, and whether or not the FBI should do so if it will “tip their hand” to the hackers planning future attacks. If technical capabilities cannot solve the public element of the attribution problem, how far should the government go in producing evidence regarding its claims?
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Transcript
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| 0:00.0 | The following podcast contains advertising to access an ad-free version of the LawFair |
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| 0:25.6 | no bull and the aftermath. |
| 0:32.6 | And what this case shows is that solving the attribution problem on technical grounds |
| 0:42.6 | doesn't solve the attribution problem because there's a public element attribution. |
| 0:46.7 | Part of the reason, part of the importance for attribution is to justify countermeasures |
| 0:51.8 | and other measures taken in response to a cyber attack or cyber exploitation. |
| 0:56.4 | And that involves public justification and public justification involves evidence, |
| 1:00.6 | credibility and trust. |
| 1:03.0 | And different audiences are going to have different levels of trust about what can come |
| 1:06.6 | you see. |
| 1:07.6 | So the answer to your question depends on what audience you're talking about, who are |
| 1:11.6 | you trying to convince, and why. |
| 1:14.0 | I'm not sure how important it is for us to provide more evidence for any countermeasure |
| 1:19.5 | if you're taking this for real. |
| 1:21.5 | It's not going to have, or three is not going to have a lot of defenders. |
| 1:24.7 | If this were countermeasures taken in Russia or China, we might have to do a hell of a lot |
| 1:28.8 | more. |
| 1:31.0 | I'm Cody Poplin and this is the LawFair Podcast, January 10th, 2015. |
| 1:37.0 | That was Jack Goldsmith you just heard, Harvard Law Professor and co-founder of LawFair. |
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