Topic Archives: National Security

A ‘global game of whack-a-mole’: Overseas data rules are stuck in the 19th century

Law enforcement and national security officials’ attempts to access foreign-stored data often reveal a stark contrast: the digital data at issue is from the 21st century, while the available mechanisms to access it are decades or centuries old. The Supreme Court is addressing this very issue in United States v. Microsoft, which was argued last week and appeared ...›

In U.S. v. Microsoft, a Decades-Old Law Leaves Few Good Options

Writing in Wired, Morrison & Foerster’s David Newman reviews last week’s much-anticipated oral argument in United States v. Microsoft—which asks whether a warrant issued under 18 U.S.C. § 2703 of the Stored Communications Act (SCA) reaches communications stored overseas by providers located in the United States. Among the takeaways of oral argument was that several justices ...›

June 12, 2017National Security

Sitting Presidents Can’t Be Prosecuted. Probably.

The world watched last week as former FBI Director James B. Comey testified before the Senate Intelligence Committee in its ongoing probe into Russian interference in the 2016 U.S. presidential election. A central question dominated much of the hearing: Did the president commit a crime? Comey demurred, noting that the answer will likely rest with ...›

The Russians Are Coming. Again.

Foreign intrusion into U.S. elections undermines our core democratic values and poses serious national security threats, according to Morrison & Foerster’s John P. Carlin, the former Assistant Attorney General for National Security.  In his Politico op-ed, “The Russians Are Coming. Again.,” John argues that the most startling revelations from the March 20, 2017 House Intelligence ...›

FAA Announces First Ever Drone-Specific Airspace Restrictions

On April 7, 2017, the Federal Aviation Administration (FAA) announced that it would use its preexisting authority under 14 C.F.R. § 99.7 to “address national security concerns about unauthorized drone operations over 133 military facilities.”  The new restrictions seek to keep unauthorized drone operators from flying in, near, or over military facilities.  Failure to comply ...›

March 16, 2017National Security

Record-Setting Settlement Underscores Trend Toward All-of-Government Approach to Sanctions Enforcement; Offers Cautionary Tale

Last week, it was announced that ZTE Corporation—a large Chinese telecommunications equipment firm—agreed to plead guilty to criminal export-control violations and accept a combined penalty from U.S. regulators that could total as much as $1.19 billion. According to the Department of Justice (DOJ) press release, ZTE will admit to having engaged in a long-running criminal ...›

February 2, 2017National Security

Sanctions Against Sudan Eased

Due to the progress of diplomacy between the U.S. Government and the Government of Sudan over the past six months, the Obama Administration issued an executive order on January 13, 2017, which substantially relaxed sanctions against Sudan that had been in place since the 1990s.  In conjunction with this executive order, the Treasury Department Office ...›

January 17, 2017National Security

Foreign Investment in Critical Technologies Faces Enhanced Scrutiny

Foreign investment from China into the United States and, in particular, the U.S. science and technology sectors, has grown rapidly over the last decade. This development has not escaped the attention of the White House, nor is it news to the business community or the practitioners who navigate the regulatory processes associated with such investments. ...›