News & Analysis as of

National Security Data Protection China

Morrison & Foerster LLP

FTC Looks to Leverage PADFAA Enforcement to Help Limit Exposure of Consumer Data

In recent comments, Commissioner Holyoak signaled that the Federal Trade Commission will prioritize enforcement of the Protecting Americans’ Data from Foreign Adversaries Act (PADFAA), a law that empowers the FTC to police...more

Dacheng

Decoding the Regulation of “Important Data” in China and the U.S.: Similarities and Differences, Compliance Obligations, and...

Dacheng on

With the rapid development of informatization, how to better safeguard national security in an increasingly complex information environment has become a critical consideration in digital legislation. A key issue within this...more

McDermott Will & Emery

New US Data Security Program limits sensitive data transfers

The United States Data Security Program (DSP) represents a significant regulatory undertaking by the US government to control the flow of bulk sensitive data to specific foreign countries, for national security purposes....more

Bass, Berry & Sims PLC

DOJ Publishes Final Rule Restricting Bulk Cross-Border Data Transfers of Sensitive Data to Foreign Persons

On April 8, the U.S. Department of Justice’s (DOJ) Final Rule, codified at 28 CFR Part 202, (Final Rule), implementing President Biden’s Executive Order 14117 “Preventing Access to U.S. Sensitive Personal Data and...more

Goodwin

Life Sciences Companies Must Navigate the DOJ Data Rule

Goodwin on

Life sciences companies have long been outside the scope of US national security regulations and benefited from significant exemptions under US privacy laws. ...more

Baker Botts L.L.P.

AI Legal Watch - DeepSeek Under Scrutiny

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Everyone is talking about DeepSeek for its increase performance and efficiency. However, with that comes additional risks, as DeepSeek is subject to Chinese national law, and there are still many unanswered questions...more

Troutman Pepper Locke

Do You Know Where Your Data Is Going? On April 8, New National Security Rules Take Effect

Troutman Pepper Locke on

A groundbreaking new regulatory regime, imposing rules unlike any in existing U.S. law, may surprise many companies due to its sudden adoption and complexity. This article tries to simplify the changing regulatory landscape,...more

Robinson+Cole Data Privacy + Security Insider

Nation State Backed Groups Using AI for Malicious Purposes

The Google Threat Intelligence Group (GTIG) recently published a new report “Adversarial Misuse of Generative AI,” which is well worth the read. The report shares findings on how government-backed threat actors use and misuse...more

Snell & Wilmer

Supreme Court Upholds Law Restricting TikTok’s Operations in the U.S.

Snell & Wilmer on

On January 17, 2025, the Supreme Court issued its decision in TikTok Inc. v. Garland, affirming the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act), which restricts...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New DHS Security Requirements Impact Compliance for Employers with Workers in Six “Countries of Concern”

The U.S. Department of Homeland Security (DHS) recently published new security requirements for certain restricted transactions covered by the U.S. Department of Justice’s (DOJ) sensitive data export rules. ...more

Alston & Bird

DeepSeek Grabs Headlines – but Could it Be Unlawful by April? Considerations for Companies from Recent US Data Regulations

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Late last week, a new generative AI large language model called DeepSeek was publicly launched by two Chinese entities, the Hangzhou and Beijing DeepSeek Artificial Intelligence Cos. Ltd.  DeepSeek is currently driving...more

Sheppard Mullin Richter & Hampton LLP

Data, Deals, and Diplomacy, Part III: DOJ Issues National Security Final Rule with New Data Compliance Obligations for...

On January 8, 2025, the Department of Justice (“DOJ”) published its final rule addressing Executive Order (E.O.) 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data...more

Akin Gump Strauss Hauer & Feld LLP

Former President Biden's Executive Order to Strengthen U.S. Cybersecurity and Consumer Trust

On January 17, 2025, days before the inauguration, former President Joe Biden issued an executive order titled Strengthening and Promoting Innovation in the Nation's Cybersecurity (EO 14144). Building on previous efforts,...more

Cranfill Sumner LLP

Why the Supreme Court Tolerated the TikTok Ban (And What That May Teach Us About Deference)

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Today the Supreme Court of the United States declined to block Congress’s TikTok ban, clearing the way for the ban to take effect on January 19, 2025. On a quick look, banning an online forum where millions of Americans...more

Dorsey & Whitney LLP

Justice Issues Final Rule Restricting Transfer of Personal U.S. Data to Countries of Concern, Effective in April 2025

Dorsey & Whitney LLP on

The U.S. Department of Justice (“DOJ”) published its final rule (“Final Rule”) on January 8, 2025, that will prohibit or restrict transfer of certain data of U.S. persons to countries of concern, including to China. The Final...more

Hogan Lovells

New DOJ rule limits cross-border data transfers to protect national security

Hogan Lovells on

The Department of Justice (DOJ) has issued a final rule limiting data transfers to China, Russia, and other designated “countries of concern.” The rule establishes a new national security program that bans specific types of...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #397 – TikTok and ByteDance File Suit Against the United States

As threatened, TikTok, Inc. and ByteDance, Ltd., the owner of the TikTok app, filed suit against the United States on May 7, 2024, alleging that the Protecting Americans From Foreign Adversary Controlled Applications Act...more

Robinson+Cole Data Privacy + Security Insider

Aid Package Signed by President Biden Includes Divestiture of TikTok Requirement

President Biden signed a historical aid package into law on Tuesday that includes aid for Ukraine, Israel, and the Indo-Pacific region. The package also includes a bill increasing sanctions on Russian assets and requiring...more

Robinson+Cole Data Privacy + Security Insider

U.S. House of Representatives Passes Bill to Ban TikTok Unless Divested from ByteDance

Yesterday, with broad bipartisan support, the U.S. House of Representatives voted overwhelmingly (352-65) to support the Protecting Americans from Foreign Adversary Controlled Applications Act, designed to begin the process...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #391 – Potential Ban on TikTok in US Follows Ban in Other Countries

The bill that passed in the U.S. House of Representatives potentially banning TikTok’s use in the U.S. is not a novel idea. The federal government has already banned TikTok’s use for federal employees, some states have banned...more

Nossaman LLP

Critical Infrastructure Organizations Warned to Upgrade Systems and Software

Nossaman LLP on

In one of the most clear-eyed and sobering assessments of the cyberthreat China poses to our nation’s critical infrastructure, the country’s foremost cybersecurity leaders recently testified that the Chinese Communist Party...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - January 2024

Robinson & Cole LLP on

CYBERSECURITY - TechRadar's Cyber Predictions for 2024 are Spot On - Because technology develops so rapidly, and “trends” are fast and furious, it is always hard to predict what the big issues will be for the next...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #384 – Montana Appeals Order Blocking Ban of TikTok

Montana’s legislature last year passed legislation, signed by the Governor, to ban the use of TikTok within the borders of the state, seeking to protect Montana consumers’ personal information and limit spying by the Chinese...more

Robinson+Cole Data Privacy + Security Insider

High Alert: China Linked BlackTech Hides in Router Firmware

Not only is the People’s Republic of China (PRC) a threat with its use of TikTok, but it also supports threat actors that have for years attacked U.S. based companies as well as the governments of the U.S. and Japan....more

American Conference Institute (ACI)

[Event] 5th Conference on U.S.-China Trade Controls - October 12th - 13th, Washington, DC

As the only comprehensive, practical event of its kind in the Unites States, ACI is hosting the highly anticipated 5th Annual U.S.-China Trade Controls Conference, scheduled for October 12–13 in Washington, DC. Considering...more

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