The Lawfare Podcast Devin DeBacker and Lee Licata on the Biden Administration’s New Executive Order on Preventing Access to Americans' Bulk Sensitive Personal Data
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Mar 13, 2024 Exploring the implications of Biden's Executive Order on preventing access to Americans' sensitive data, the podcast discusses the regulatory program under the International Emergency Economic Powers Act. It highlights the importance of protecting personal information online and delves into the exclusion and restriction of certain data transactions. The discussion also covers licensing, advisory opinions, and the rulemaking process in regulatory compliance.
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DOJ's Role in Data Security
- The Department of Justice (DOJ) plays a crucial role in addressing data security risks, particularly those involving foreign adversaries.
- This includes regulating transactions and proposing licenses to mitigate national security risks through interagency collaboration.
Systemic Approach to Data Security
- The executive order aims to establish a systemic approach to data security, similar to sanctions or export controls.
- This shift moves beyond case-by-case reviews to address the broader national security risk.
National Security vs. Privacy
- The executive order focuses on national security risks related to data access by foreign adversaries, not individual privacy.
- It addresses collective risks and externalities from data sales and usage, not individual control over data.