Kellen Dwyer on the Fallout From the Conviction of Uber's Former Chief Security Officer
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 20 October 2022
⏱️ 36 minutes
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Summary
Joe Sullivan, Uber's former chief security officer and a former federal prosecutor, was found guilty of obstruction of justice and misprision of a felony. These charges arose from what the Department of Justice characterized as Sullivan's attempted coverup of a 2016 hack of Uber. The Sullivan case has created some consternation in the cybersecurity community. Kellen Dwyer, partner at the law firm of Alston & Bird, argues in a recent Lawfare piece that the Sullivan prosecution threatens to undermine the positive working relationship between DOJ and the tech sector.
Lawfare senior editor Stephanie Pell sat down with Kellen to talk about the Sullivan case. They discussed the specific charges for which Sullivan was convicted, how those charges blur the lines between covering up a data incident and merely declining to report it, and how in order to facilitate timely reporting of serious cybersecurity incidents to the FBI, the DOJ should clarify certain aspects of its charging policy to address concerns raised by the Sullivan case.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
| 0:04.0 | To access an ad-free version of the LawFair podcast, |
| 0:08.0 | become a material supporter of LawFair at patreon.com slash law fair. |
| 0:14.0 | That's patreon.com slash law fair. |
| 0:18.0 | Also, check out LawFair's other podcast offerings, |
| 0:22.0 | rational security, chatter, law fair no bull, and the aftermath. |
| 0:29.0 | It's always worse than you think, and it takes a while to investigate it. |
| 0:37.0 | So, some sort of clarity on what the policy should be in terms of who should be informed |
| 0:41.0 | and who is going to be on the hook for either making the decision about whether |
| 0:45.0 | the disclose or not disclose would be very helpful. |
| 0:48.0 | A lot of companies have that a breach response plans they should, |
| 0:51.0 | but getting some guidance on how you construct that in a way that won't be considered concealment. |
| 0:55.0 | I think it would be very helpful. |
| 0:57.0 | I'm Stephanie Pell, and this is the LawFair podcast, October 20th, 2022. |
| 1:03.0 | On October 5th, 2022, Joe Sullivan, Ubers former Chief Security Officer |
| 1:09.0 | and a former federal prosecutor, was found guilty of obstruction of justice and misprison of a felony. |
| 1:16.0 | These charges arose from what the Department of Justice characterized |
| 1:21.0 | as Sullivan's attempted cover-up of a 2016 hack of Uber. |
| 1:27.0 | The Sullivan case has created some consternation in the cybersecurity community. |
| 1:33.0 | Kellan Dwyer, partner at the Law Firm of Austin and Bird, |
| 1:37.0 | argues in a recent LawFair piece that the Sullivan prosecution threatens to undermine |
| 1:42.0 | the positive working relationship between DOJ and the tech sector. |
... |
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