National Security

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Implications of U.S. Sanctions Program on Intellectual Property Owners

To advance U.S. foreign policy and national security objectives, the U.S. maintains laws and regulations that impose economic sanctions against certain countries, individuals, and entities (the "U.S. Sanctions Program"). 31...more

Google gives UK “super flagger” powers

Google has granted the UK security services privileged “super flagger” status over YouTube videos, which enables the government to alert YouTube to videos deemed to threaten national security....more

The Download - February 2014

In this issue: - Heard on the Hill - Around the Agencies - White House Developments - Venable News - Excerpt from Heard on the Hill: Congress Holds Hearings on Preventing Data...more

U.S. Supreme Court Holds Airline Entitled to ATSA Immunity in Pilot Defamation Case

In Air Wisconsin Airlines Corp. v. Hoeper, the U.S. Supreme Court has ruled that immunity may not be denied under the Aviation and Transportation Security Act (ATSA) to substantially true statements. According to the Court,...more

CFIUS Annual Report Shows Increased Focus on Chinese Investment

The Committee on Foreign Investment in the United States (“CFIUS”), the inter-agency group that conducts national security reviews of foreign acquisitions of U.S. businesses, recently issued its Annual Report to Congress for...more

USCIS to Expand Site Visit Program to Include L-1 Petitioners

Employers of L-1 transferees should now set up processes to deal with such visits. U.S. Citizenship and Immigration Services (USCIS) recently announced its intention to begin conducting worksite inspection visits to...more

"National Security Reviews of Foreign Investments in US Businesses Show No Signs of Slowdown in 2014"

Over the past two years, the Committee on Foreign Investment in the United States (CFIUS) has applied increased scrutiny to foreign investments in U.S. businesses. CFIUS reviews the national security implications of such...more

CFIUS Issues Its 2013 Annual Report to Congress

Number of Filings by Chinese Acquirers Increased Dramatically; First Transaction Blocked by Presidential Order Since 1990 - The Committee on Foreign Investment in the United States (CFIUS), a multi-agency U.S....more

ML Strategies' Washington Outlook for 2014

In This Update: ..1. Introduction ..2. Agriculture ..3. Defense & National Security ..4. Education ..5. Energy & Environment ..6. Financial Services ..7. Foreign Policy ..8. Health Care ..9....more

Time to Comply: New DoD Rules Governing Supply Chain Risk Information and Unclassified Controlled Technical Information

cGovernment contractors should be aware of recent Department of Defense (DoD) rules governing Information Relating to Supply Chain Risk, 78 Fed. Register 69,268 (Nov. 18, 2013) and Unclassified Controlled Technical...more

Sanctions Round-Up: Fourth Quarter 2013

As 2013 drew to a close, a potentially groundbreaking agreement was reached with Iran regarding its nuclear program, leading to much speculation about how certain sanctions might be suspended, and under what conditions. While...more

The Twelve Days of Surveillance

It seems like a new revelation about mass surveillance by the U.S. government and our allies occurs on an almost daily basis, each one more astounding than the last. Don’t be surprised if those jingling bells you hear on your...more

DOD Issues Interim Rule on Supply Chain Security

On November 18, 2013, the U.S. Department of Defense (DOD) published an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) that will likely prove controversial through the inclusion of supply...more

Congressional "P3 Caucus" Holds First Public Meeting

The Congressional Public Private Partnerships (P3) Caucus held its first public event on Tuesday, November 19 in the Cannon House Office Building. Co-chairs Reps. Mike Rogers (R-AL) and Gerald Connolly (D-VA) were joined by...more

Capital Thinking: Cybersecurity

This Week’s Hearings: - Wednesday, November 13: The House Homeland Security Committee will hold a hearing at 10:00 am titled “Cyber Side-Effects: How Secure is the Personal Information Entered into the Flawed...more

U.S. Court Rejects Challenge To CFIUS National Security Review

This blog previously reported in July 2013 on a lawsuit that Ralls Corporation brought against the President of the United States and the Committee on Foreign Investment in the United States challenging the President’s order...more

Photographers’ Rights in California

What rights do a photographer have to take a photo and what limits may law enforcement or the courts impose on those rights? The courts in California have not clearly defined these rights. However, some guidance can be...more

Capital Thinking: International

National Security Agency - The Senate Intelligence Committee will hold a closed door meeting this week on competing National Security Agency (NSA)-related bills that might be considered in that panel. Senate Judiciary...more

Canadian Government Rejects Accelero–Allstream Deal on National Security Grounds

On October 7, 2013, Minister of Industry James Moore announced that the “Government of Canada has concluded its review of Accelero Capital Holdings’ proposed acquisition of the Allstream division of Manitoba Telecom Services...more

History in the Making as Journalism, Law and Politics Converge for Federal Reporter's Shield

In September of this year, the U.S. Senate began debate on a federal reporter’s privilege. Free Flow of Information Act of 2013, S. 987, 113th Cong. §§ 2-5 (2013). The bipartisan bill to recognize such a privilege was...more

CFIUS Invokes National Security in Ordering Indian Company to Divest Equity in U.S. Company

The Committee on Foreign Investment in the United States reviews in-bound foreign investments for national security concerns. Increasingly, CFIUS is reviewing closed transactions, applying an expanding concept of the...more

L-1 Intracompany Transferees May Face New Challenges

Since the creation of the L visa category in 1970, the L-1 statutory provisions have been modified several times. In recent years, L-1 cases have been subject to heightened scrutiny both by the U.S. Citizenship and...more

Capital Thinking: Defense

Executive and Legislative Branch Activity - Navy Yard Tragedy - On September 16, Aaron Alexis, a lone shooter, opened fire at the U.S. Navy Yard in Washington, DC. His attack resulted in 13 deaths, including his...more

Capital Thinking: Homeland Security

LEGISLATIVE ACTIVITY - Syria Military Force Authorization - A small but growing group of lawmakers are supporting the authorization of military force in Syria by arguing that a strike could keep the Assad...more

Lessons Learned: Security Clearances After Snowden

In the past few years, a series of high profile leaks of classified and top secret national security materials, including the WikiLeaks scandal and, more recently, Edward Snowden’s disclosure of the NSA PRISM program, has...more

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