Devin DeBacker and Lee Licata on the Biden Administration’s New Executive Order on Preventing Access to Americans' Bulk Sensitive Personal Data
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 13 March 2024
⏱️ 45 minutes
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Summary
On February 28, the Biden administration issued an Executive Order (EO) entitled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” Lawfare Senior Editor Stephanie Pell sat down with Devin DeBacker and Lee Licata, the Chief and one of the Deputy Chiefs of the Foreign Investment Review Section in the National Security Division at the Department of Justice, to talk about this new EO and the ways in which it attempts to prevent certain countries of concern from accessing Americans’ sensitive personal data. They talked about the types of data transactions the EO is intended to regulate, what it is not intended to regulate, and the forthcoming rule-making process that the DOJ will run.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
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| 0:08.0 | become a material supporter of Lawfair at Patreon.com slash Lawfair. That's Patreon.com |
| 0:16.4 | slash Lawfair. Also check out Lawfair's other podcast offerings, rational security, chatter, lawfare no bull, and the aftermath. |
| 0:30.0 | The program would not regulate, for example, videos that users post. It wouldn't regulate the text messages and emails that people send and it wouldn't regulate academic research that's published. |
| 0:44.6 | It also wouldn't include data that's lawfully publicly available from government records |
| 0:48.2 | or widely distributed media. |
| 0:50.7 | And hopefully what folks can see is that we're trying to target the regulations to the national security risks we see rather than broadly trying to address any information that could be thought of as private. |
| 1:02.0 | I'm Stephanie Pell, senior editor at Law Fair, and this is the Law Fair Podcast March 13, 2024. |
| 1:11.0 | On February 28th, the Biden administration issued an executive order or E.O. |
| 1:18.3 | entitled Preventing Access to Americans' Bulk Sensitive personal data and United States government related |
| 1:26.0 | data by countries of concern. |
| 1:29.1 | I sat down with Devon de Bocker and Lee Lakata, the chief and one of the deputy chiefs of the Foreign Investment |
| 1:37.0 | Review section in the National Security Division at the Department of Justice. To talk about this new E.O. and the ways in which it |
| 1:46.4 | attempts to prevent certain countries of concern from accessing American |
| 1:51.7 | sensitive personal data. |
| 1:54.4 | We talked about the types of data transactions the EO is intended to regulate, what it is not |
| 2:01.1 | intended to regulate, and the forthcoming rule-making process that the |
| 2:06.0 | DOJ will run. It's the lawfare podcast March 13th. Devon de Bocker and Lee Lakata on the Biden administration's new executive order on preventing access to Americans' bulk sensitive personal data. |
| 2:25.0 | Devon and Lee, you are both attorneys from the National Security Division at the Department of Justice. |
| 2:31.0 | Can you start by telling us a bit about what you do at DOJ and how your work |
| 2:36.8 | relates to the new executive order on preventing access to Americans' bulk sensitive personal data and United States |
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