National Security

News & Analysis as of

“Forewarned Is Forearmed” – The Rise of Chinese Data-Flow Restrictions

Manufacturers with operations, employees, and/or customers in China must be aware of a long list of China-specific data-flow and content restrictions. Data-flow restrictions in particular affect manufacturers employing or...more

New York City Prohibits Discrimination Based on Credit History

New York City Mayor Bill de Blasio recently signed into law the Stop Credit Discrimination in Employment Act. It amends the New York City Human Rights Law to prohibit employers from requesting or using an individual's...more

New Executive Order Allows for Sanctions Related to Cybersecurity

On April 1, 2015, President Obama issued a groundbreaking Executive Order (E.O.) enabling the United States to sanction persons that have (1) participated in malicious cyber-enabled activities constituting a “significant...more

New US sanctions program to combat cybercrimes: 3 action steps for tech companies

The new sanctions in President Barack Obama’s Executive Order 13694 of April 1, 2015, “Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities,” target individuals and...more

Cybersecurity Update: U.S. Sanctions on the Horizon for Malicious Cyber-Attackers

Executive Order 13694 is the Obama Administration’s latest tool to combat cybersecurity threats. On April 1, 2015, President Obama declared a national emergency to address the “increasing prevalence and severity of malicious...more

United States Goes on the Offensive Against International Cybercrime - 2015 Cybersecurity Executive Order

On April 1, President Obama signed an Executive Order to combat the "national emergency" sparked by a rapidly evolving global cybercrime environment. The Executive Order directs the U.S. Treasury Department to impose...more

President Obama Signs New Executive Order Targeting Significant Malicious Cyber-Enabled Activities

On April 1, 2015, the Obama Administration issued an Executive Order that will sanction individuals and entities that attempt, carry out or support malicious cyber-enabled activities that pose a significant threat to U.S....more

New Executive Order Authorizes Economic Sanctions to Combat Malicious Cyber Activity

Calling cyber threats “one of the most serious economic and national security challenges to the United States” and declaring a national emergency relating to those threats, on April 1, 2015, President Obama issued an...more

President Obama Signs Executive Order Authorizing Sanctions In Response To Malicious Cyber Activity

On April 1, 2015, President Obama signed an executive order authorizing the first sanctions program to combat malicious cyber activity. The order permits the U.S. Department of the Treasury to freeze the assets of...more

Obama Executive Order Targets International Cyberattacks Against U.S. with New Sanctions

As part of a series of measures aimed at increasing preparedness and defenses against international cyberattacks on U.S. industries and government agencies, on April 1, President Obama issued Executive Order No. 13694,...more

Now's the Time to Review Your OFAC Compliance Program

Obama Executive Order Targets International Cyberattacks Against U.S. with New Sanctions - New Sanctions Are Part of U.S. Escalation of Efforts to Bolster Cyber-Security: As part of a series of measures aimed at...more

Obama Administration Recognizes Cyber Threats to U.S. Critical Infrastructure as a National Emergency

Many cybersecurity experts have warned that the United States is already engaged in covert cyber warfare against hostile actors around the world. The latest cybersecurity Executive Order reflects formal recognition that,...more

Executive Order Blocks Property of Those Engaging in Malicious Cyber Activities

The executive order enables US government agencies to block the assets of any foreign person determined to have engaged in malicious cyber-enabled activities....more

U.S. Authorizes Targeted Sanctions Against Overseas Cyber Threats

Cyber threats are one of the U.S.’s top security threats. In just the past year, there has been a significant increase in the frequency, scale and sophistication of cyber intrusions and attacks – many of them originating...more

Whistleblower's Legacy: President Reforms Key Surveillance Law; Europe Questions Safe Harbor Regime

Nearly two years ago, Edward Snowden, a contractor working with the U.S. National Security Agency (“NSA”), revealed startling details of widespread surveillance practices by the U.S. government into telephone and Internet...more

EUROPE: EU-US data flows at risk? European Court of Justice today heard Facebook case.

Yesterday, the Schrems v. Irish Data Protection Commission case was brought before the Court of Justice of the European Union (‘CJEU’) for an oral hearing, following referral by the Irish High Court. While the final ruling by...more

'Protectionism' In M&A: A Mixed Picture

When a national ‘champion’ is at stake, lively political and media debate often follows, sometimes even where the sector involved is not particularly ‘sensitive’. This is unsurprising in markets facing slow economic growth...more

CFIUS Releases Annual Report to Congress

The Committee on Foreign Investment in the United States (CFIUS) was established decades ago to identify and recommend responses to threats to US national security posed by acquisitions by non-US entities of controlling...more

U.S. Implements Targeted Sanctions on Venezuela

On March 9, 2015, following failed diplomatic efforts to bring Venezuela in line with its human rights commitments under international law, President Obama issued an Executive Order (E.O.) declaring Venezuela a national...more

PRC Foreign Investment Draft Law: What You Should Know

On January 19, 2015, China’s foreign investment regulatory authority Ministry of Commerce (“MOFCOM”) released a draft of new Foreign Investment Law (“Draft Law”) (See blog article Comparison Chart re JV Law and Foreign...more

National Security: Removing Barriers to Intra-Governmental Sharing of Information

The House of Commons in Canada is back in session. The federal Conservative Government wasted no time in introducing sweeping anti-terrorism bill (Bill C-51, the Anti-terrorism Act, 2015). I canvassed the legislative and...more

Drone on Drones: Recent Crashes Raise Public Awareness of Security Threat From Drones

Two drone crashes in recent weeks have raised public safety concerns, as law enforcement and national security agencies grapple with how to prepare for — and respond to — illicit uses of unmanned aerial vehicles....more

President Obama Acknowledges Growing Cybersecurity Threats to the Government and Economy, Proposes New Measures to Fight Cyber...

Just days after news broke that ISIS hackers forced the shutdown of the U.S. Central Command’s Twitter account, President Obama met with congressional leadership, members of the Federal Trade Commission and the Department of...more

Electronic waste rules could help thwart flow of counterfeit parts

As highlighted in a report by the U.S. Senate Armed Services Committee, a flood of counterfeit electronic parts from China threatens the reliability of sophisticated defense technologies from thermal weapon sights to advanced...more

The First Law of International Dynamics: Sanctions May Be Transformed But Never Created or Destroyed

U.S. economic sanctions, by their nature, often change without warning. Since sanctions reflect U.S. foreign and national security policy, they must evolve rapidly with world events. Often, it seems that when one door is...more

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