Podcasts about united states cfius

Play Episode Listen Later Sep 6, 2023 61:19

The Cyberlaw Podcast is back from August hiatus, and the theme of the episode seems to be the way other countries are using the global success of U.S. technology to impose their priorities on the U.S. Exhibit 1 is the EU's Digital Services Act, which took effect last month. Michael Ellis spells out a few of the act's sweeping changes in how U.S. tech companies must operate – nominally in Europe but as a practical matter in the U.S. as well. The largest platforms will be heavily regulated, with restrictions on their content curation algorithms and a requirement that they promote government content when governments declare a crisis. Other social media will also be subject to heavy content regulation, such as transparency in their decisions to demote or ban content and a requirement that they respond promptly to takedown requests from “trusted flaggers” of Bad Speech. In search of a silver lining, I point out that many of the transparency and due process requirements are things that Texas and Florida have advocated over the objections of Silicon Valley companies. Compliance with the EU Act will undercut those claims in the Supreme Court arguments we're likely to hear this term, claiming that it can't be done. Cristin Flynn Goodwin and I note that China's on-again off-again regulatory enthusiasm is off again. Chinese officials are doing their best to ease Western firms' concerns about China's new data security law requirements. Even more remarkable, China's AI regulatory framework was watered down in August, moving away from the EU model and toward a U.S./U.K. ethical/voluntary approach. For now. Cristin also brings us up to speed on the SEC's rule on breach notification. The short version: The rule will make sense to anyone who's ever stopped putting out a kitchen fire to call their insurer to let them know a claim may be coming. Nick Weaver brings us up to date on cryptocurrency and the law. Short version: Cryptocurrency had one victory, which it probably deserved, in the Grayscale case, and a series of devastating losses over Tornado Cash, as a court rejected Tornado Cash's claim that its coders and lawyers had found a hole in Treasury's Office of Foreign Assets Control ("OFAC") regime, and the Justice Department indicted the prime movers in Tornado Cash for conspiracy to launder North Korea's stolen loot. Here's Nick's view in print. Just to show that the EU isn't the only jurisdiction that can use U.S. legal models to hurt U.S. policy, China managed to kill Intel's acquisition of Tower Semiconductor by stalling its competition authority's review of the deal. I see an eerie parallel between the Chinese aspirations of federal antitrust enforcers and those of the Christian missionaries we sent to China in the 1920s. Michael and I discuss the belated leak of the national security negotiations between CFIUS and TikTok. After a nod to substance (no real surprises in the draft), we turn to the question of who leaked it, and whether the effort to curb TikTok is dead. Nick and I explore the remarkable impact of the war in Ukraine on drone technology. It may change the course of war in Ukraine (or, indeed, a war over Taiwan), Nick thinks, but it also means that Joe Biden may be the last President to see the sky while in office. (And if you've got space in D.C. and want to hear Nick's provocative thoughts on the topic, he will be in town next week, and eager to give his academic talk: "Dr. Strangedrone, or How I Learned to Stop Worrying and Love the Slaughterbots".) Cristin, Michael and I dig into another August policy initiative, the “outbound Committee on Foreign Investment in the United States (CFIUS)” order. Given the long delays and halting rollout, I suggest that the Treasury's Advance Notice of Proposed Rulemaking (ANPRM) on the topic really stands for Ambivalent Notice of Proposed Rulemaking.” Finally, I suggest that autonomous vehicles may finally have turned the corner to success and rollout, now that they're being used as rolling hookup locations and (perhaps not coincidentally) being approved to offer 24/7 robotaxi service in San Francisco. Nick's not ready to agree, but we do find common ground in criticizing a study. Download 470th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@gmail.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

TechnoColonialism – In Reverse

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Play Episode Listen Later Sep 6, 2023 61:19

The Cyberlaw Podcast is back from August hiatus, and the theme of the episode seems to be the way other countries are using the global success of U.S. technology to impose their priorities on the U.S. Exhibit 1 is the EU's Digital Services Act, which took effect last month. Michael Ellis spells out a few of the act's sweeping changes in how U.S. tech companies must operate – nominally in Europe but as a practical matter in the U.S. as well. The largest platforms will be heavily regulated, with restrictions on their content curation algorithms and a requirement that they promote government content when governments declare a crisis. Other social media will also be subject to heavy content regulation, such as transparency in their decisions to demote or ban content and a requirement that they respond promptly to takedown requests from “trusted flaggers” of Bad Speech. In search of a silver lining, I point out that many of the transparency and due process requirements are things that Texas and Florida have advocated over the objections of Silicon Valley companies. Compliance with the EU Act will undercut those claims in the Supreme Court arguments we're likely to hear this term, claiming that it can't be done. Cristin Flynn Goodwin and I note that China's on-again off-again regulatory enthusiasm is off again. Chinese officials are doing their best to ease Western firms' concerns about China's new data security law requirements. Even more remarkable, China's AI regulatory framework was watered down in August, moving away from the EU model and toward a U.S./U.K. ethical/voluntary approach. For now. Cristin also brings us up to speed on the SEC's rule on breach notification. The short version: The rule will make sense to anyone who's ever stopped putting out a kitchen fire to call their insurer to let them know a claim may be coming. Nick Weaver brings us up to date on cryptocurrency and the law. Short version: Cryptocurrency had one victory, which it probably deserved, in the Grayscale case, and a series of devastating losses over Tornado Cash, as a court rejected Tornado Cash's claim that its coders and lawyers had found a hole in Treasury's Office of Foreign Assets Control ("OFAC") regime, and the Justice Department indicted the prime movers in Tornado Cash for conspiracy to launder North Korea's stolen loot. Here's Nick's view in print. Just to show that the EU isn't the only jurisdiction that can use U.S. legal models to hurt U.S. policy, China managed to kill Intel's acquisition of Tower Semiconductor by stalling its competition authority's review of the deal. I see an eerie parallel between the Chinese aspirations of federal antitrust enforcers and those of the Christian missionaries we sent to China in the 1920s. Michael and I discuss the belated leak of the national security negotiations between CFIUS and TikTok. After a nod to substance (no real surprises in the draft), we turn to the question of who leaked it, and whether the effort to curb TikTok is dead. Nick and I explore the remarkable impact of the war in Ukraine on drone technology. It may change the course of war in Ukraine (or, indeed, a war over Taiwan), Nick thinks, but it also means that Joe Biden may be the last President to see the sky while in office. (And if you've got space in D.C. and want to hear Nick's provocative thoughts on the topic, he will be in town next week, and eager to give his academic talk: "Dr. Strangedrone, or How I Learned to Stop Worrying and Love the Slaughterbots".) Cristin, Michael and I dig into another August policy initiative, the “outbound Committee on Foreign Investment in the United States (CFIUS)” order. Given the long delays and halting rollout, I suggest that the Treasury's Advance Notice of Proposed Rulemaking (ANPRM) on the topic really stands for Ambivalent Notice of Proposed Rulemaking.” Finally, I suggest that autonomous vehicles may finally have turned the corner to success and rollout, now that they're being used as rolling hookup locations and (perhaps not coincidentally) being approved to offer 24/7 robotaxi service in San Francisco. Nick's not ready to agree, but we do find common ground in criticizing a study. Download 470th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@gmail.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

China and Export Controls

Great Power Podcast

Play Episode Listen Later Aug 28, 2023 62:06

In this episode of GREAT POWER PODCAST, host Michael Sobolik chats with Nazak Nikakhtar about export controls and their role in U.S.-China competition. Nazak addresses specific U.S. export controls on Huawei, and also shares a creative idea to address the challenges TikTok poses to policymakers in Washington. Guest biography The Honorable Nazak Nikakhtar is a partner at Wiley. From 2018 to 2021, with unanimous confirmation by the U.S. Senate, Nazak served as the Department of Commerce's Assistant Secretary for Industry & Analysis at the International Trade Administration (ITA). Nazak also fulfilled the duties of the Under Secretary for Industry and Security at Commerce's Bureau of Industry and Security (BIS). In these roles, Nazak was the agency's primary liaison with U.S. industry and trade associations, and she shaped major initiatives to strengthen U.S. industry competitiveness, promote innovation, and accelerate economic and job growth. As one of the key national security experts in the U.S. government, she developed and implemented innovative laws, regulations, and policies to safeguard strategically important technologies, strengthen the U.S. industrial base, and protect the national security and foreign policy interests of the United States. As the Department's lead on the Committee on Foreign Investment in the United States (CFIUS), she played a key role in shaping U.S. investment policy. As the head of the agency's trade policy office, she advised the U.S. government on legal and economic issues impacting critical technologies, advanced manufacturing, financial services, e-commerce, data privacy, cybersecurity, critical minerals/rare earths, and energy competition. Finally, as the federal agency's lead on supply chain assessments, Nazak spearheaded the United States' first-ever whole-of-government initiative to evaluate and strengthen supply chains across all strategic sectors of the economy. Resources from the conversation Check out Michael's book announcement Get to know Nazak better (full bio) Read about Secretary Raimondo's trip to China (and Michael's commentary) Read Nazak's interview with The Wire China

S7E12｜CFIUS 审查收紧，出海人面临的法律风险可不止于此

What's Next｜科技早知道

Play Episode Listen Later May 24, 2023 42:42

出海人重整心态，以应对在美国创业与投资所必须面对的法律挑战。当地时间 5 月 23 日，TikTok 以违宪之名，对此前蒙大拿州出台的 TikTok 禁令提起诉讼。事件背景需要追溯到蒙大拿州于今年2月提出的禁令，该禁令以保护隐私之名，禁止TikTok在蒙大拿州境内运营，禁令可能扩大化到部分俄罗斯与中国 APP，包括 Telegram、WeChat、Temu、Lemon8 等，法案的生效时间为 2024 年 1 月 1 日，蒙大拿州州长格雷格‧吉安福特已经在当地时间 5 月 17 日签署了该法案。法案签署当天，包括「纽约时报」、「The Verge」等多家媒体都认为蒙大拿州针对 TikTok 的最严禁令将毫无疑问受到法律挑战。从出海人的角度看，其实一家企业从无到有，从小到大，创业团队要面临的法律风险可不仅仅是隐私方面的挑战。面对不断变化的合规环境，主播 Richer 邀请 Xiaoxiao Liu 律师做客节目，分享出海人在法律模糊地带免踩新坑的思考与观察。本期人物 Richer，「科技早知道」主播，大观资本北美负责人 Xiaoxiao Liu律师，美国硅谷公司法律师主要话题 [02:03] 如何设计股权架构才不吃亏？ [07:01] 哪些用人要求在美国可能涉及歧视问题？ [18:56] TikTok禁令影响几何？碰到调查怎么办？ [22:59] CFIUS 调查重点已经下降到初创企业级别？ [37:20] 闲聊 2021-2022 年的亚马逊中国卖家封号潮和其他无解的法律漏洞延伸阅读 - CFIUS（Committee on Foreign Investment in the United States）：美国海外投资委员会，专门负责审查外国投资对美国国家安全的潜在影响。CFIUS由财政部长领导，并包括多个联邦机构，如国防部、商务部、国务院等的代表。根据2018年的外国投资风险审查现代化法案(FIRRMA)，CFIUS的审查过程可以分为一般审查阶段和特别审查阶段。一般审查阶段为期30天，CFIUS初步评估交易是否可能对美国的国家安全构成影响；特别审查阶段为期45天，如果在第一阶段中CFIUS认为交易可能对美国的国家安全构成影响，那么交易将进入这个更深入的审查阶段如果特别审查阶段结束后，CFIUS仍然无法决定是否批准交易，那么CFIUS会将交易提交给美国总统，由总统在15天内做出最终决定。CFIUS的前世今生 (https://zhuanlan.zhihu.com/p/628818024?utm_campaign=shareopn&utm_content=group2_article&utm_medium=social&utm_oi=634387948142071808&utm_psn=1644339832712351744&utm_source=wechat_session) - CFIUS 审查标准：根据FIRRMA法案，控制权交易、非控制权交易需要提交审查申报；对于控制权交易，没有任何例外，只要是外国都在审查范围内；对于非控制权交易，2023年2月10日美国财政部声明表示，所有“五眼联盟”国家的合格投资者将享受CFIUS的例外豁免权。在确定一个公司属于哪个国家、公司主体的股东来自哪个地区时，CFIUS会根据实际情况决定是否穿透到最终的实际受益人以及实际穿透几层。CFIUS审查空前强化，人工智能首当其冲！ (https://zhuanlan.zhihu.com/p/628837837?utm_campaign=shareopn&utm_content=group3_article&utm_medium=social&utm_oi=634387948142071808&utm_psn=1644339912550985728&utm_source=wechat_session) - 资本穿透调查（Capital Penetration Investigation）：指通过查明投资来源、投资者背景、资金流向等方面的信息，以确定投资实体背后的真实控制者、资金来源和使用情况。这种调查通常在金融交易、并购、外国投资等场景中进行，以防止洗钱、逃避监管、损害国家安全等行为。穿透调查流程一般包括确定投资实体的所有权结构、查明投资实体背后的实际控制者、确定投资资金的来源、评估投资者的背景和动机。CFIUS的资本穿透调查并不是一种公开的过程，具体的步骤和方法可能会根据具体的交易情况进行调整。此外，CFIUS也有权力要求投资方提供必要的信息，以支持其穿透调查。 - FIRRMA法案（Foreign Investment Risk Review Modernization Act of 2018）：「外国投资风险审查现代化法案」，2018年由美国国会通过并由总统唐纳德·特朗普（Donald Trump）签署的法案，主要目的是改革并加强美国对外国投资的审查机制。在FIRRMA之前，CFIUS的审查范围主要限于可能导致外国人控制美国商业实体的交易。FIRRMA扩大了这一范围，包括任何可能导致外国人获得美国敏感个人数据、重要基础设施或关键技术的非控制投资，以及与特定类型的房地产交易。 - Exempt employee（豁免雇员）与Non. Exempt employee（非豁免雇员）：两种基本的雇员类别，主要区别在于是否受到1938年美国罗斯福政府通过的「公平劳动标准法」（Fair Labor Standards Act，简称FLSA）中关于加班工资的规定的保护。豁免雇员和非豁免雇员的主要区别在于他们是否有权获得加班工资。FLSA规定，非豁免雇员在每周工作超过40小时时，必须得到至少1.5倍的正常工资作为加班工资。而豁免雇员则不享有这一权利，即使他们工作超过40小时，也无权得到加班工资。 - TikTok针对蒙大拿州禁令提起诉讼 (https://cn.wsj.com/articles/tiktok%E9%92%88%E5%AF%B9%E8%92%99%E5%A4%A7%E6%8B%BF%E5%B7%9E%E7%A6%81%E4%BB%A4%E6%8F%90%E8%B5%B7%E8%AF%89%E8%AE%BC-973796bd) - Montana bans Telegram, WeChat, and Temu from government devices (https://www.theverge.com/2023/5/17/23727750/montana-bans-telegram-temu-wechat-other-bytedance-apps-government-devices-tiktok) 注：除特殊说明，以上资料均根据ChatGPT、Google Search搜索结果进行整理，欢迎勘误。新节目来啦

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A Conversation with Congressman Ronny Jackson | National Security Crisis — US Southern Border | The Durham Report | Foreign Adversary Risk Management (FARM) Act

America's Roundtable

Play Episode Listen Later May 20, 2023 20:27

Join America's Roundtable (https://americasrt.com/) radio co-hosts Natasha Srdoc and Joel Anand Samy with U.S. Congressman Ronny Jackson who serves as a member of the House Foreign Affairs Committee, Armed Services Committee and Agricultural Committee. Dr. Ronny Jackson was the former physician to the President of the United States — Chief Medical Advisor and Assistant to the President and Rear Admiral, United States Navy (Retired). The discussion on America's Roundtable focuses on the following: — National security threat at the southern border | The Customs and Border Protection reported in March 2023 that at least 69 non-US citizens on the FBI's terror watchlist have been caught trying to illegally enter the US through the southern border since October 2022. — Congressman Ronny Jackson raises concerns about how the drug cartels and transnational organized crime networks are reaping huge profits from drug and human trafficking at the US southern border. — Urgency to address 90% of illegal fentanyl entering through America's porous border, with the vast majority of drugs hailing from China. — Congressman Ronny Jackson reintroduces the bipartisan, bicameral Foreign Adversary Risk Management (FARM) Act. The legislation would help protect America's agricultural industry from malign foreign investors and bolster America's supply chain by reforming the Committee on Foreign Investment in the United States (CFIUS) — the governmental body that overseas the vetting process of investment and acquisition of American companies. Congressman Ronny Jackson said, “Today, America faces numerous threats to its national security, and the agricultural industry is no exception. Our adversaries, especially the Chinese Communist Party, continue to increase their presence in America's food industry and agricultural supply chains.” Full Bio | Congressman Ronny Jackson (https://jackson.house.gov/about/) americasrt.com (https://americasrt.com/) https://ileaderssummit.org/ | https://jerusalemleaderssummit.com/ America's Roundtable on Apple Podcasts: https://podcasts.apple.com/us/podcast/americas-roundtable/id1518878472 Twitter: @RonnyJacksonTX @ileaderssummit @AmericasRT @NatashaSrdoc @JoelAnandUSA @supertalk America's Roundtable is co-hosted by Natasha Srdoc and Joel Anand Samy, co-founders of International Leaders Summit and the Jerusalem Leaders Summit. America's Roundtable (https://americasrt.com/) radio program - a strategic initiative of International Leaders Summit, focuses on America's economy, healthcare reform, rule of law, security and trade, and its strategic partnership with rule of law nations around the world. The radio program features high-ranking US administration officials, cabinet members, members of Congress, state government officials, distinguished diplomats, business and media leaders and influential thinkers from around the world. Tune into America's Roundtable Radio program from Washington, DC via live streaming on Saturday mornings via 65 radio stations at 7:30 A.M. (ET) on Lanser Broadcasting Corporation covering the Michigan and the Midwest market, and at 7:30 A.M. (CT) on SuperTalk Mississippi — SuperTalk.FM reaching listeners in every county within the State of Mississippi, and neighboring states in the South including Alabama, Arkansas, Louisiana and Tennessee. Listen to America's Roundtable on digital platforms including Apple Podcasts, Spotify, Amazon, Google and other key online platforms. Listen live, Saturdays at 7:30 A.M. (CT) on SuperTalk | https://www.supertalk.fm

S1E35 - Talking Sanctions with the Senate

Current Account with Clay Lowery

Play Episode Listen Later Mar 6, 2023 19:36

In this episode of Current Account, Clay reflects upon his time testifying in front of the Senate Banking Committee. His testimony revolves around three topics: The sanctions imposed on Russia, what a similar sanctions regime may look like against China and lessons learned from the Committee on Foreign Investment in the United States (CFIUS) and what a "Reverse-CFIUS" may entail.

china russia senate committee sanctions foreign investment senate banking committee united states cfius current account

Who Needs Hackers When You Have Balloons?

Play Episode Listen Later Feb 14, 2023 53:07

The latest episode of The Cyberlaw Podcast gets a bit carried away with the China spy balloon saga. Guest host Brian Fleming, along with guests Gus Hurwitz, Nate Jones, and Paul Rosenzweig, share insights (and bad puns) about the latest reporting on the electronic surveillance capabilities of the first downed balloon, the Biden administration's “shoot first, ask questions later” response to the latest “flying objects,” and whether we should all spend more time worrying about China's hackers and satellites. Gus then shares a few thoughts on the State of the Union address and the brief but pointed calls for antitrust and data privacy reform. Sticking with big tech and antitrust, Gus recaps a significant recent loss for the Federal Trade Commission (FTC) and discusses what may be on the horizon for FTC enforcement later this year. Pivoting back to China, Nate and Paul discuss the latest reporting on a forthcoming (at some point) executive order intended to limit and track U.S. outbound investment in certain key aspects of China's tech sector. They also ponder how industry may continue its efforts to narrow the scope of the restrictions and whether Congress will get involved. Sticking with Congress, Paul takes the opportunity to explain the key takeaways from the not-so-bombshell House Oversight Committee hearing featuring former Twitter executives. Gus next describes his favorite ChatGPT jailbreaks and a costly mistake for an artificial intelligence (AI) chatbot competitor during a demo. Paul recommends a fascinating interview with Sinbad.io, the new Bitcoin mixer of choice for North Korean hackers, and reflects on the substantial portion of the Democratic People's Republic of Korea's gross domestic product attributable to ransomware attacks. Finally, Gus questions whether AI-generated “Nothing, Forever” will need to change its name after becoming sentient and channeling Dave Chapelle. To wrap things up in the week's quick hits, Gus briefly highlights where things stand with Chip Wars: Japan edition and Brian covers coordinated U.S./UK sanctions against the Trickbot cybercrime group, confirmation that Twitter's sale will not be investigated by the Committee on Foreign Investment in the United States (CFIUS), and the latest on Security and Exchange Commission (SEC) v. Covington. Download 442nd Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

Who Needs Hackers When You Have Balloons?

Play Episode Listen Later Feb 14, 2023 53:07

The latest episode of The Cyberlaw Podcast gets a bit carried away with the China spy balloon saga. Guest host Brian Fleming, along with guests Gus Hurwitz, Nate Jones, and Paul Rosenzweig, share insights (and bad puns) about the latest reporting on the electronic surveillance capabilities of the first downed balloon, the Biden administration's “shoot first, ask questions later” response to the latest “flying objects,” and whether we should all spend more time worrying about China's hackers and satellites. Gus then shares a few thoughts on the State of the Union address and the brief but pointed calls for antitrust and data privacy reform. Sticking with big tech and antitrust, Gus recaps a significant recent loss for the Federal Trade Commission (FTC) and discusses what may be on the horizon for FTC enforcement later this year. Pivoting back to China, Nate and Paul discuss the latest reporting on a forthcoming (at some point) executive order intended to limit and track U.S. outbound investment in certain key aspects of China's tech sector. They also ponder how industry may continue its efforts to narrow the scope of the restrictions and whether Congress will get involved. Sticking with Congress, Paul takes the opportunity to explain the key takeaways from the not-so-bombshell House Oversight Committee hearing featuring former Twitter executives. Gus next describes his favorite ChatGPT jailbreaks and a costly mistake for an artificial intelligence (AI) chatbot competitor during a demo. Paul recommends a fascinating interview with Sinbad.io, the new Bitcoin mixer of choice for North Korean hackers, and reflects on the substantial portion of the Democratic People's Republic of Korea's gross domestic product attributable to ransomware attacks. Finally, Gus questions whether AI-generated “Nothing, Forever” will need to change its name after becoming sentient and channeling Dave Chapelle. To wrap things up in the week's quick hits, Gus briefly highlights where things stand with Chip Wars: Japan edition and Brian covers coordinated U.S./UK sanctions against the Trickbot cybercrime group, confirmation that Twitter's sale will not be investigated by the Committee on Foreign Investment in the United States (CFIUS), and the latest on Security and Exchange Commission (SEC) v. Covington. Download 442nd Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

Lawfare Archive: The Future of CFIUS

The Lawfare Podcast

Play Episode Listen Later Feb 11, 2023 75:30

From June 2, 2018: The Committee on Foreign Investment in the United States (CFIUS) plays an essential role in advising the president on how to exercise his or her authority to block foreign investments that might let the U.S.'s adversaries acquire sensitive American technology or intellectual property. A bipartisan proposal in Congress aims to expand CFIUS's powers. On Thursday, the Center for Strategic and International Studies convened a panel of Dov Zakheim, a former Pentagon official; Ivan Schlager, a partner with Skadden Arps' national security practice; Nova Daly, a senior public policy adviser with Wiley Rein; and CSIS Vice President James Andrew Lewis, to talk about CFIUS and how it might change under the new law.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

american congress acast strategic committee pentagon archive international studies lawfare foreign investment cfius skadden arps united states cfius wiley rein dov zakheim

Daily News Brief for Thursday, February 2nd, 2023 [Daily News Brief]

FLF, LLC

Play Episode Listen Later Feb 2, 2023 14:35

This is Garrison Hardie with your CrossPolitic Daily Newsbrief for Thursday, February 2nd, 2023. Happy Friday Jr. everyone… Again, just a reminder the signup for our upcoming Fight Laugh Feast Conference at the Ark Encounter is LIVE. So just to recap, if you’re a club member, you get $100 off your ticket pricing, and if you sign up while we have early bird pricing, you’ll get $100 off of that! What a deal! Head on over to fightlaughfeast.com, to get that club membership, and then sign up for our conference with that discount! Early bird pricing ends on May 1st, so again, sign up at fightlaughfeast.com. https://www.theepochtimes.com/bipartisan-lawmakers-introduce-bill-to-ban-china-from-buying-us-farmland_5024703.html?utm_source=partner&utm_campaign=BonginoReport Bipartisan Lawmakers Introduce Bill to Ban China from Buying US Farmland Sens. Mike Rounds (R-S.D.) and John Tester (D-Mont.) on Feb. 1 introduced a bill to ban China, Russia, Iran, and North Korea from buying or leasing U.S. farmland and agricultural businesses. The proposed legislation, named the PASS (Promoting Agriculture Safeguards and Security) Act of 2023, would require the president to report to Congress on any waiver granted to the prohibited countries. It would also make the secretary of agriculture a standing member of the Committee on Foreign Investment in the United States (CFIUS), a federal panel that reviews foreign acquisitions for national security risks, and specify agricultural investments as falling under CFIUS’ jurisdiction. While the legislation is the same as a version introduced last year, Rounds said that this year’s bill has more bipartisan support in both chambers of Congress and support from stakeholders. “The intent behind this particular legislation was to prohibit China, Russia, Iran and North Korea from establishing locations in the United States where they could monitor activity, specifically potential military activity,” said Rounds in an emailed statement to The Epoch Times. Rounds highlighted the value of farming and seed technology developed in the United States. “China has an interest in taking some of our advancements and using them in their country without acknowledging the patents that may accompany that material, which is made easier if they have a base of operation in the United States in which to obtain the material in the first place,” he added. A third-generation Montana farmer, Tester said in a statement that he was proud to sponsor the bill to “ensure our farmers have a seat at the table when the government makes decisions impacting our national security.” Tester added that he was not going to “sit back” and “let our foreign adversaries weaken our national security by buying up American farmland.” Agriculture is the lifeblood of South Dakota’s economy, worth nearly $12 billion in 2021, according to the South Dakota Department of Agriculture & Natural Resources (pdf). As the state’s largest industry, agriculture leads tourism—the second-largest industry, estimated at over $4 billion in 2021—by three times. The South Dakota Farmers Union (SDFU) and South Dakota Sheep Growers Association (SDSGA) have endorsed the bill. Doug Sombke, president of SDFU, in a statement also encouraged other state farmers’ unions to support the bill. The legislation is cosponsored by Sen. Kevin Cramer (R-N.D.), John Hoeven (R-N.D.), and Cynthia Lummis (R-Wyo.). The House version, also introduced on Wednesday, is sponsored by Reps. Elise Stefanik (R-N.Y.), Jim Costa (D-Calif.), and Rick Crawford (R-Ark.). Last month, CFIUS decided that it didn’t have jurisdiction to review a land purchase related to a controversial Chinese corn mill project in Grand Forks, North Dakota. That project is located within 15 miles of the Grand Forks Air Force base, which houses sensitive drone, satellite, and surveillance technology, and has prompted significant pushback from Republican lawmakers and locals who say it threatens both national and economic security. As of Dec. 31, 2020, China owned 325,686 acres of U.S. agricultural land, according to the Department of Agriculture. While the acreage under Chinese ownership is slightly less than 1 percent of all foreign-held agricultural land, it represents a 20-fold leap from 13,720 acres in 2010. But the relatively low percentage of Chinese ownership does not diminish the severity of the threat, according to Rounds, who said that thwarting the trend is important. https://www.lifenews.com/2023/02/01/satanic-temple-opens-new-abortion-clinic-to-kill-babies-in-ritualistic-abortions/ Satanic Temple Opens New Abortion Clinic to Kill Babies in Ritualistic Abortions The Satanic Temple isn’t just promoting the killing of unborn babies in abortions anymore. It’s actually killing them through a new “religious” abortion practice in New Mexico. On Wednesday, the satanic group launched a new “religious medical services arm,” TST Health, to begin doing abortions. The Satanic Temple believes aborting unborn babies is a religious “ritual” and compares it to communion or baptism for Christians. The name of its first “telehealth” abortion practice doubles as a covert death wish to U.S. Supreme Court Justice Samuel Alito, who wrote the decision that overturned Roe v. Wade last year. The Samuel Alito’s Mom’s Satanic Abortion Clinic in New Mexico will offer abortion drugs to women ages 17 and up who are up to 11 weeks of pregnancy, according to Fox News. The FDA does not recommend abortion drugs after 10 weeks. “In 1950, Samuel Alito’s mother did not have options, and look what happened,” said Malcolm Jarry, co-founder of The Satanic Temple, in a statement. “Prior to 1973, doctors who performed abortions could lose their licenses and go to jail. The clinic’s name serves to remind people just how important it is to have the right to control one’s body and the potential ramifications of losing that right.” According to a press release from the group, “anyone in New Mexico seeking to perform The Satanic Temple’s abortion ritual will be able to receive free online medical services.” Licensed medical workers will screen patients during a virtual appointment, and then prescribe abortion drugs through pharmacies that will mail them in “a discreet package,” the group said. Women will be charged a pharmacy fee of about $90, it continued. The satanic group also set up a 24-hour abortion hotline. Eventually, The Satanic Temple leaders said they want to expand their new abortion practice to states that ban abortions. Their group has filed lawsuits in several states challenging their legal protections for unborn babies on religious grounds. The satanic group claims killing unborn babies in abortions is a religious ritual, and restricting it violates its “fundamental tenets,” according to an article on Glenn Beck’s website. Its leaders also claim pro-life laws are rooted in “Christian nationalism” – even though people of all faiths and no faith believe basic human rights should apply to all human beings. The supposed religion claims to have “seven fundamental tenets,” including one that teaches, “One’s body is inviolable, subject to one’s own will alone.” In its lawsuits, the group claims abortion restrictions and bans violate this teaching as well as an “abortion ritual” that its members perform. It likens the “ritual” slaughter of unborn babies to communion or baptism for Christians. In 2020, it even raffled off an abortion to raise money for its lawsuits. The Satanic Temple claims to have 700,000 members internationally, and it is a recognized religion by the IRS. The group is deeply involved in abortion advocacy. Breitbart once described its work as a “pro-abortion crusade to come to the aid of America’s largest abortion provider,” Planned Parenthood. Within the past decade, it has filed numerous lawsuits in different states to overturn pro-life laws, though its attempts thus far have failed. Other recent lawsuits include a challenge to the Texas heartbeat law, which pro-life advocates say has saved tens of thousands of unborn babies’ lives thus far. The Satanic Temple also is pushing its beliefs on young children. Recently, the group began opening clubs in elementary schools. Increasingly, these satanic influences can be seen at pro-abortion rallies where abortion activists chant “Hail, Satan!” and the phrase “fight like hell” has become common among prominent pro-abortion politicians. Then, earlier this month, New York City leaders erected a golden statue to abortion on top of a city courthouse. Many described the statue, a naked woman with horns, as demonic or satanic. https://thepostmillennial.com/suspects-in-assassination-of-haitian-president-taken-into-us-custody?utm_campaign=64487 Suspects in assassination of Haitian president taken into US custody On Tuesday, US officials announced that four suspects in custody for the assassination of Haitian President Jovenel Moïse on July 7, 2021 were transferred to the United States for their prosecution. According to CBS News, "The defendants, James Solages, 37, Joseph Vincent, 57, Alejandro Riveria Garcia, 44, and Christian Sanon, 54, are currently being held in US custody. Solages and Vincent, both US citizens from Florida, were arrested in Haiti shortly after the assassination." The 53-year-old Haitian president was shot 12 times and his wife wounded when his assassins entered his home located near Port-au-Prince, the capital of Haiti. Suspects James Solage and Joseph Vincent, the two US citizens, were arrested first after Moïse's killing. According to the New York Post, Christian Sanon, was " an elderly pastor, doctor, and failed businessman that authorities have identified as a key player. His associates have suggested he was duped by the real — and still unidentified — masterminds behind the assassination." Alejandro García, the fourth suspect being moved to the US and a Colombian citizen, was a member of the Colombian, as "nearly two dozen former Colombian soldiers charged in the case." After Moïse's death, Haiti's gang activity and related violence increased to historic levels. Judges and local officials grew fearful as they received death threats concerning the assassination trial which contributed to the case being stalled. The Department of Justice said, Rivera, Solanges, and Vincent were charged with "conspiring to commit murder or kidnapping outside the US and providing material support and resources resulting in death." Sanon was charged with "conspiring to smuggle goods from the US and providing unlawful export information," and allegedly moved 20 ballistic protective vests into Haiti. Seven suspects in total are now in US federal custody awaiting trial for their part in the assassination. The four men recently moved to the US are set to appear in court in Miami on Wednesday. As The Post Millennial reported, Solanges, unidentified at the time, said that the assassination attempt was a DEA operation in an effort to solicit compliance from Haitian security guarding the president. Gravity Jack: Gravity Jack is a full service digital agency specializing in the development of Virtual & Augmented Reality experiences, mobile apps, blockchain and Web3 projects. Founded in 2009 as the first American agency to offer augmented reality, they even patented it; Gravity Jack's digital experiences have been a source of innovation for small business, Fortune 500 Companies, and the US Military. Get your vision in motion at gravityjack.com https://nypost.com/2023/01/30/stephen-and-ayesha-curry-object-to-new-housing-development/ Stephen and Ayesha Curry oppose multi-family development near their $30M home Famed NBA marksman Stephen Curry appears more comfortable with 3-point daggers than 3-story developments. Along with his influencer wife Ayesha, Curry has objected to the establishment of multi-family housing on a property next to his sprawling California mansion, according to reports. In an email, the couple told officials in Atherton — one of the nation’s most exclusive enclaves — that the three-story town houses would encroach on their privacy. Routinely vocal on matters of social justice, the Bay Area power couple indicated that joining the well-heeled chorus of objection made them uneasy. “We hesitate to add to the ‘not in our backyard’ (literally) rhetoric, but we wanted to send a note before today’s meeting,” they wrote on Jan. 18. “Safety and privacy for us and our kids continues to be our top priority and one of the biggest reasons we chose to live in Atherton.” Home to tech moguls, athletes and international business titans, Atherton officials will reluctantly submit a plan to the state this week outlining their efforts to increase housing density. The parcel in question — which is nea the Curry residence — is set to be rezoned in order to accommodate several multi-family units sought by the owner. “With the density being proposed for 23 Oakwood, there are major concerns in terms of both privacy and safety with three-story townhomes looming directly behind us,” their email read. The couple noted that the development would not add to low-income housing to the area, only increase density. If their municipal buzzer beater falls short, the Currys asked the town to erect “considerably taller fencing and landscaping to block sight lines onto our family’s property.” The couple recently sold their prior Atherton home for $31 million and bought their current 17,000 square foot spread for $30 million, according to reports. Other local heavyweights — including billionaire investor Marc Andriessen — have previously lobbied against the introduction of more affordable housing into the area. With a median home price of more than $7 million, Atherton ranked first on Forbes’ priciest zip code list last year.

united states america women american california live texas head new york city china house miami christians russia chinese home satan mom safety forbes fortune congress virtual iran republicans companies montana roe v wade new mexico fox news judges fda haiti bay area founded agriculture port north korea committee irs south dakota curry hail north dakota rivera web3 haitian planned parenthood colombian new york post rounds cbs news dea augmented reality reps us military natural resources stephen curry tester suspects samuel alito ayesha curry ayesha 30m glenn beck breitbart satanic temple epoch times atherton foreign investment grand forks ark encounter oakwood currys supreme court justice samuel alito alejandro garc cfius security act united states cfius gravity jack fight laugh feast conference solanges daily news brief happy friday jr

Daily News Brief for Thursday, February 2nd, 2023

Daily News Brief

Play Episode Listen Later Feb 2, 2023 14:35

This is Garrison Hardie with your CrossPolitic Daily Newsbrief for Thursday, February 2nd, 2023. Happy Friday Jr. everyone… Again, just a reminder the signup for our upcoming Fight Laugh Feast Conference at the Ark Encounter is LIVE. So just to recap, if you’re a club member, you get $100 off your ticket pricing, and if you sign up while we have early bird pricing, you’ll get $100 off of that! What a deal! Head on over to fightlaughfeast.com, to get that club membership, and then sign up for our conference with that discount! Early bird pricing ends on May 1st, so again, sign up at fightlaughfeast.com. https://www.theepochtimes.com/bipartisan-lawmakers-introduce-bill-to-ban-china-from-buying-us-farmland_5024703.html?utm_source=partner&utm_campaign=BonginoReport Bipartisan Lawmakers Introduce Bill to Ban China from Buying US Farmland Sens. Mike Rounds (R-S.D.) and John Tester (D-Mont.) on Feb. 1 introduced a bill to ban China, Russia, Iran, and North Korea from buying or leasing U.S. farmland and agricultural businesses. The proposed legislation, named the PASS (Promoting Agriculture Safeguards and Security) Act of 2023, would require the president to report to Congress on any waiver granted to the prohibited countries. It would also make the secretary of agriculture a standing member of the Committee on Foreign Investment in the United States (CFIUS), a federal panel that reviews foreign acquisitions for national security risks, and specify agricultural investments as falling under CFIUS’ jurisdiction. While the legislation is the same as a version introduced last year, Rounds said that this year’s bill has more bipartisan support in both chambers of Congress and support from stakeholders. “The intent behind this particular legislation was to prohibit China, Russia, Iran and North Korea from establishing locations in the United States where they could monitor activity, specifically potential military activity,” said Rounds in an emailed statement to The Epoch Times. Rounds highlighted the value of farming and seed technology developed in the United States. “China has an interest in taking some of our advancements and using them in their country without acknowledging the patents that may accompany that material, which is made easier if they have a base of operation in the United States in which to obtain the material in the first place,” he added. A third-generation Montana farmer, Tester said in a statement that he was proud to sponsor the bill to “ensure our farmers have a seat at the table when the government makes decisions impacting our national security.” Tester added that he was not going to “sit back” and “let our foreign adversaries weaken our national security by buying up American farmland.” Agriculture is the lifeblood of South Dakota’s economy, worth nearly $12 billion in 2021, according to the South Dakota Department of Agriculture & Natural Resources (pdf). As the state’s largest industry, agriculture leads tourism—the second-largest industry, estimated at over $4 billion in 2021—by three times. The South Dakota Farmers Union (SDFU) and South Dakota Sheep Growers Association (SDSGA) have endorsed the bill. Doug Sombke, president of SDFU, in a statement also encouraged other state farmers’ unions to support the bill. The legislation is cosponsored by Sen. Kevin Cramer (R-N.D.), John Hoeven (R-N.D.), and Cynthia Lummis (R-Wyo.). The House version, also introduced on Wednesday, is sponsored by Reps. Elise Stefanik (R-N.Y.), Jim Costa (D-Calif.), and Rick Crawford (R-Ark.). Last month, CFIUS decided that it didn’t have jurisdiction to review a land purchase related to a controversial Chinese corn mill project in Grand Forks, North Dakota. That project is located within 15 miles of the Grand Forks Air Force base, which houses sensitive drone, satellite, and surveillance technology, and has prompted significant pushback from Republican lawmakers and locals who say it threatens both national and economic security. As of Dec. 31, 2020, China owned 325,686 acres of U.S. agricultural land, according to the Department of Agriculture. While the acreage under Chinese ownership is slightly less than 1 percent of all foreign-held agricultural land, it represents a 20-fold leap from 13,720 acres in 2010. But the relatively low percentage of Chinese ownership does not diminish the severity of the threat, according to Rounds, who said that thwarting the trend is important. https://www.lifenews.com/2023/02/01/satanic-temple-opens-new-abortion-clinic-to-kill-babies-in-ritualistic-abortions/ Satanic Temple Opens New Abortion Clinic to Kill Babies in Ritualistic Abortions The Satanic Temple isn’t just promoting the killing of unborn babies in abortions anymore. It’s actually killing them through a new “religious” abortion practice in New Mexico. On Wednesday, the satanic group launched a new “religious medical services arm,” TST Health, to begin doing abortions. The Satanic Temple believes aborting unborn babies is a religious “ritual” and compares it to communion or baptism for Christians. The name of its first “telehealth” abortion practice doubles as a covert death wish to U.S. Supreme Court Justice Samuel Alito, who wrote the decision that overturned Roe v. Wade last year. The Samuel Alito’s Mom’s Satanic Abortion Clinic in New Mexico will offer abortion drugs to women ages 17 and up who are up to 11 weeks of pregnancy, according to Fox News. The FDA does not recommend abortion drugs after 10 weeks. “In 1950, Samuel Alito’s mother did not have options, and look what happened,” said Malcolm Jarry, co-founder of The Satanic Temple, in a statement. “Prior to 1973, doctors who performed abortions could lose their licenses and go to jail. The clinic’s name serves to remind people just how important it is to have the right to control one’s body and the potential ramifications of losing that right.” According to a press release from the group, “anyone in New Mexico seeking to perform The Satanic Temple’s abortion ritual will be able to receive free online medical services.” Licensed medical workers will screen patients during a virtual appointment, and then prescribe abortion drugs through pharmacies that will mail them in “a discreet package,” the group said. Women will be charged a pharmacy fee of about $90, it continued. The satanic group also set up a 24-hour abortion hotline. Eventually, The Satanic Temple leaders said they want to expand their new abortion practice to states that ban abortions. Their group has filed lawsuits in several states challenging their legal protections for unborn babies on religious grounds. The satanic group claims killing unborn babies in abortions is a religious ritual, and restricting it violates its “fundamental tenets,” according to an article on Glenn Beck’s website. Its leaders also claim pro-life laws are rooted in “Christian nationalism” – even though people of all faiths and no faith believe basic human rights should apply to all human beings. The supposed religion claims to have “seven fundamental tenets,” including one that teaches, “One’s body is inviolable, subject to one’s own will alone.” In its lawsuits, the group claims abortion restrictions and bans violate this teaching as well as an “abortion ritual” that its members perform. It likens the “ritual” slaughter of unborn babies to communion or baptism for Christians. In 2020, it even raffled off an abortion to raise money for its lawsuits. The Satanic Temple claims to have 700,000 members internationally, and it is a recognized religion by the IRS. The group is deeply involved in abortion advocacy. Breitbart once described its work as a “pro-abortion crusade to come to the aid of America’s largest abortion provider,” Planned Parenthood. Within the past decade, it has filed numerous lawsuits in different states to overturn pro-life laws, though its attempts thus far have failed. Other recent lawsuits include a challenge to the Texas heartbeat law, which pro-life advocates say has saved tens of thousands of unborn babies’ lives thus far. The Satanic Temple also is pushing its beliefs on young children. Recently, the group began opening clubs in elementary schools. Increasingly, these satanic influences can be seen at pro-abortion rallies where abortion activists chant “Hail, Satan!” and the phrase “fight like hell” has become common among prominent pro-abortion politicians. Then, earlier this month, New York City leaders erected a golden statue to abortion on top of a city courthouse. Many described the statue, a naked woman with horns, as demonic or satanic. https://thepostmillennial.com/suspects-in-assassination-of-haitian-president-taken-into-us-custody?utm_campaign=64487 Suspects in assassination of Haitian president taken into US custody On Tuesday, US officials announced that four suspects in custody for the assassination of Haitian President Jovenel Moïse on July 7, 2021 were transferred to the United States for their prosecution. According to CBS News, "The defendants, James Solages, 37, Joseph Vincent, 57, Alejandro Riveria Garcia, 44, and Christian Sanon, 54, are currently being held in US custody. Solages and Vincent, both US citizens from Florida, were arrested in Haiti shortly after the assassination." The 53-year-old Haitian president was shot 12 times and his wife wounded when his assassins entered his home located near Port-au-Prince, the capital of Haiti. Suspects James Solage and Joseph Vincent, the two US citizens, were arrested first after Moïse's killing. According to the New York Post, Christian Sanon, was " an elderly pastor, doctor, and failed businessman that authorities have identified as a key player. His associates have suggested he was duped by the real — and still unidentified — masterminds behind the assassination." Alejandro García, the fourth suspect being moved to the US and a Colombian citizen, was a member of the Colombian, as "nearly two dozen former Colombian soldiers charged in the case." After Moïse's death, Haiti's gang activity and related violence increased to historic levels. Judges and local officials grew fearful as they received death threats concerning the assassination trial which contributed to the case being stalled. The Department of Justice said, Rivera, Solanges, and Vincent were charged with "conspiring to commit murder or kidnapping outside the US and providing material support and resources resulting in death." Sanon was charged with "conspiring to smuggle goods from the US and providing unlawful export information," and allegedly moved 20 ballistic protective vests into Haiti. Seven suspects in total are now in US federal custody awaiting trial for their part in the assassination. The four men recently moved to the US are set to appear in court in Miami on Wednesday. As The Post Millennial reported, Solanges, unidentified at the time, said that the assassination attempt was a DEA operation in an effort to solicit compliance from Haitian security guarding the president. Gravity Jack: Gravity Jack is a full service digital agency specializing in the development of Virtual & Augmented Reality experiences, mobile apps, blockchain and Web3 projects. Founded in 2009 as the first American agency to offer augmented reality, they even patented it; Gravity Jack's digital experiences have been a source of innovation for small business, Fortune 500 Companies, and the US Military. Get your vision in motion at gravityjack.com https://nypost.com/2023/01/30/stephen-and-ayesha-curry-object-to-new-housing-development/ Stephen and Ayesha Curry oppose multi-family development near their $30M home Famed NBA marksman Stephen Curry appears more comfortable with 3-point daggers than 3-story developments. Along with his influencer wife Ayesha, Curry has objected to the establishment of multi-family housing on a property next to his sprawling California mansion, according to reports. In an email, the couple told officials in Atherton — one of the nation’s most exclusive enclaves — that the three-story town houses would encroach on their privacy. Routinely vocal on matters of social justice, the Bay Area power couple indicated that joining the well-heeled chorus of objection made them uneasy. “We hesitate to add to the ‘not in our backyard’ (literally) rhetoric, but we wanted to send a note before today’s meeting,” they wrote on Jan. 18. “Safety and privacy for us and our kids continues to be our top priority and one of the biggest reasons we chose to live in Atherton.” Home to tech moguls, athletes and international business titans, Atherton officials will reluctantly submit a plan to the state this week outlining their efforts to increase housing density. The parcel in question — which is nea the Curry residence — is set to be rezoned in order to accommodate several multi-family units sought by the owner. “With the density being proposed for 23 Oakwood, there are major concerns in terms of both privacy and safety with three-story townhomes looming directly behind us,” their email read. The couple noted that the development would not add to low-income housing to the area, only increase density. If their municipal buzzer beater falls short, the Currys asked the town to erect “considerably taller fencing and landscaping to block sight lines onto our family’s property.” The couple recently sold their prior Atherton home for $31 million and bought their current 17,000 square foot spread for $30 million, according to reports. Other local heavyweights — including billionaire investor Marc Andriessen — have previously lobbied against the introduction of more affordable housing into the area. With a median home price of more than $7 million, Atherton ranked first on Forbes’ priciest zip code list last year.

united states america women american california live texas head new york city china house miami christians russia chinese home satan mom safety forbes fortune congress virtual iran republicans companies montana roe v wade new mexico fox news judges fda haiti bay area founded agriculture port north korea committee irs south dakota curry hail north dakota rivera web3 haitian planned parenthood colombian new york post rounds cbs news dea augmented reality reps us military natural resources stephen curry tester suspects samuel alito ayesha curry ayesha 30m glenn beck breitbart satanic temple epoch times atherton foreign investment grand forks ark encounter oakwood currys supreme court justice samuel alito alejandro garc cfius security act united states cfius gravity jack fight laugh feast conference solanges daily news brief happy friday jr

Daily News Brief for Thursday, February 2nd, 2023 [Daily News Brief]

Fight Laugh Feast USA

Play Episode Listen Later Feb 2, 2023 14:35

This is Garrison Hardie with your CrossPolitic Daily Newsbrief for Thursday, February 2nd, 2023. Happy Friday Jr. everyone… Again, just a reminder the signup for our upcoming Fight Laugh Feast Conference at the Ark Encounter is LIVE. So just to recap, if you’re a club member, you get $100 off your ticket pricing, and if you sign up while we have early bird pricing, you’ll get $100 off of that! What a deal! Head on over to fightlaughfeast.com, to get that club membership, and then sign up for our conference with that discount! Early bird pricing ends on May 1st, so again, sign up at fightlaughfeast.com. https://www.theepochtimes.com/bipartisan-lawmakers-introduce-bill-to-ban-china-from-buying-us-farmland_5024703.html?utm_source=partner&utm_campaign=BonginoReport Bipartisan Lawmakers Introduce Bill to Ban China from Buying US Farmland Sens. Mike Rounds (R-S.D.) and John Tester (D-Mont.) on Feb. 1 introduced a bill to ban China, Russia, Iran, and North Korea from buying or leasing U.S. farmland and agricultural businesses. The proposed legislation, named the PASS (Promoting Agriculture Safeguards and Security) Act of 2023, would require the president to report to Congress on any waiver granted to the prohibited countries. It would also make the secretary of agriculture a standing member of the Committee on Foreign Investment in the United States (CFIUS), a federal panel that reviews foreign acquisitions for national security risks, and specify agricultural investments as falling under CFIUS’ jurisdiction. While the legislation is the same as a version introduced last year, Rounds said that this year’s bill has more bipartisan support in both chambers of Congress and support from stakeholders. “The intent behind this particular legislation was to prohibit China, Russia, Iran and North Korea from establishing locations in the United States where they could monitor activity, specifically potential military activity,” said Rounds in an emailed statement to The Epoch Times. Rounds highlighted the value of farming and seed technology developed in the United States. “China has an interest in taking some of our advancements and using them in their country without acknowledging the patents that may accompany that material, which is made easier if they have a base of operation in the United States in which to obtain the material in the first place,” he added. A third-generation Montana farmer, Tester said in a statement that he was proud to sponsor the bill to “ensure our farmers have a seat at the table when the government makes decisions impacting our national security.” Tester added that he was not going to “sit back” and “let our foreign adversaries weaken our national security by buying up American farmland.” Agriculture is the lifeblood of South Dakota’s economy, worth nearly $12 billion in 2021, according to the South Dakota Department of Agriculture & Natural Resources (pdf). As the state’s largest industry, agriculture leads tourism—the second-largest industry, estimated at over $4 billion in 2021—by three times. The South Dakota Farmers Union (SDFU) and South Dakota Sheep Growers Association (SDSGA) have endorsed the bill. Doug Sombke, president of SDFU, in a statement also encouraged other state farmers’ unions to support the bill. The legislation is cosponsored by Sen. Kevin Cramer (R-N.D.), John Hoeven (R-N.D.), and Cynthia Lummis (R-Wyo.). The House version, also introduced on Wednesday, is sponsored by Reps. Elise Stefanik (R-N.Y.), Jim Costa (D-Calif.), and Rick Crawford (R-Ark.). Last month, CFIUS decided that it didn’t have jurisdiction to review a land purchase related to a controversial Chinese corn mill project in Grand Forks, North Dakota. That project is located within 15 miles of the Grand Forks Air Force base, which houses sensitive drone, satellite, and surveillance technology, and has prompted significant pushback from Republican lawmakers and locals who say it threatens both national and economic security. As of Dec. 31, 2020, China owned 325,686 acres of U.S. agricultural land, according to the Department of Agriculture. While the acreage under Chinese ownership is slightly less than 1 percent of all foreign-held agricultural land, it represents a 20-fold leap from 13,720 acres in 2010. But the relatively low percentage of Chinese ownership does not diminish the severity of the threat, according to Rounds, who said that thwarting the trend is important. https://www.lifenews.com/2023/02/01/satanic-temple-opens-new-abortion-clinic-to-kill-babies-in-ritualistic-abortions/ Satanic Temple Opens New Abortion Clinic to Kill Babies in Ritualistic Abortions The Satanic Temple isn’t just promoting the killing of unborn babies in abortions anymore. It’s actually killing them through a new “religious” abortion practice in New Mexico. On Wednesday, the satanic group launched a new “religious medical services arm,” TST Health, to begin doing abortions. The Satanic Temple believes aborting unborn babies is a religious “ritual” and compares it to communion or baptism for Christians. The name of its first “telehealth” abortion practice doubles as a covert death wish to U.S. Supreme Court Justice Samuel Alito, who wrote the decision that overturned Roe v. Wade last year. The Samuel Alito’s Mom’s Satanic Abortion Clinic in New Mexico will offer abortion drugs to women ages 17 and up who are up to 11 weeks of pregnancy, according to Fox News. The FDA does not recommend abortion drugs after 10 weeks. “In 1950, Samuel Alito’s mother did not have options, and look what happened,” said Malcolm Jarry, co-founder of The Satanic Temple, in a statement. “Prior to 1973, doctors who performed abortions could lose their licenses and go to jail. The clinic’s name serves to remind people just how important it is to have the right to control one’s body and the potential ramifications of losing that right.” According to a press release from the group, “anyone in New Mexico seeking to perform The Satanic Temple’s abortion ritual will be able to receive free online medical services.” Licensed medical workers will screen patients during a virtual appointment, and then prescribe abortion drugs through pharmacies that will mail them in “a discreet package,” the group said. Women will be charged a pharmacy fee of about $90, it continued. The satanic group also set up a 24-hour abortion hotline. Eventually, The Satanic Temple leaders said they want to expand their new abortion practice to states that ban abortions. Their group has filed lawsuits in several states challenging their legal protections for unborn babies on religious grounds. The satanic group claims killing unborn babies in abortions is a religious ritual, and restricting it violates its “fundamental tenets,” according to an article on Glenn Beck’s website. Its leaders also claim pro-life laws are rooted in “Christian nationalism” – even though people of all faiths and no faith believe basic human rights should apply to all human beings. The supposed religion claims to have “seven fundamental tenets,” including one that teaches, “One’s body is inviolable, subject to one’s own will alone.” In its lawsuits, the group claims abortion restrictions and bans violate this teaching as well as an “abortion ritual” that its members perform. It likens the “ritual” slaughter of unborn babies to communion or baptism for Christians. In 2020, it even raffled off an abortion to raise money for its lawsuits. The Satanic Temple claims to have 700,000 members internationally, and it is a recognized religion by the IRS. The group is deeply involved in abortion advocacy. Breitbart once described its work as a “pro-abortion crusade to come to the aid of America’s largest abortion provider,” Planned Parenthood. Within the past decade, it has filed numerous lawsuits in different states to overturn pro-life laws, though its attempts thus far have failed. Other recent lawsuits include a challenge to the Texas heartbeat law, which pro-life advocates say has saved tens of thousands of unborn babies’ lives thus far. The Satanic Temple also is pushing its beliefs on young children. Recently, the group began opening clubs in elementary schools. Increasingly, these satanic influences can be seen at pro-abortion rallies where abortion activists chant “Hail, Satan!” and the phrase “fight like hell” has become common among prominent pro-abortion politicians. Then, earlier this month, New York City leaders erected a golden statue to abortion on top of a city courthouse. Many described the statue, a naked woman with horns, as demonic or satanic. https://thepostmillennial.com/suspects-in-assassination-of-haitian-president-taken-into-us-custody?utm_campaign=64487 Suspects in assassination of Haitian president taken into US custody On Tuesday, US officials announced that four suspects in custody for the assassination of Haitian President Jovenel Moïse on July 7, 2021 were transferred to the United States for their prosecution. According to CBS News, "The defendants, James Solages, 37, Joseph Vincent, 57, Alejandro Riveria Garcia, 44, and Christian Sanon, 54, are currently being held in US custody. Solages and Vincent, both US citizens from Florida, were arrested in Haiti shortly after the assassination." The 53-year-old Haitian president was shot 12 times and his wife wounded when his assassins entered his home located near Port-au-Prince, the capital of Haiti. Suspects James Solage and Joseph Vincent, the two US citizens, were arrested first after Moïse's killing. According to the New York Post, Christian Sanon, was " an elderly pastor, doctor, and failed businessman that authorities have identified as a key player. His associates have suggested he was duped by the real — and still unidentified — masterminds behind the assassination." Alejandro García, the fourth suspect being moved to the US and a Colombian citizen, was a member of the Colombian, as "nearly two dozen former Colombian soldiers charged in the case." After Moïse's death, Haiti's gang activity and related violence increased to historic levels. Judges and local officials grew fearful as they received death threats concerning the assassination trial which contributed to the case being stalled. The Department of Justice said, Rivera, Solanges, and Vincent were charged with "conspiring to commit murder or kidnapping outside the US and providing material support and resources resulting in death." Sanon was charged with "conspiring to smuggle goods from the US and providing unlawful export information," and allegedly moved 20 ballistic protective vests into Haiti. Seven suspects in total are now in US federal custody awaiting trial for their part in the assassination. The four men recently moved to the US are set to appear in court in Miami on Wednesday. As The Post Millennial reported, Solanges, unidentified at the time, said that the assassination attempt was a DEA operation in an effort to solicit compliance from Haitian security guarding the president. Gravity Jack: Gravity Jack is a full service digital agency specializing in the development of Virtual & Augmented Reality experiences, mobile apps, blockchain and Web3 projects. Founded in 2009 as the first American agency to offer augmented reality, they even patented it; Gravity Jack's digital experiences have been a source of innovation for small business, Fortune 500 Companies, and the US Military. Get your vision in motion at gravityjack.com https://nypost.com/2023/01/30/stephen-and-ayesha-curry-object-to-new-housing-development/ Stephen and Ayesha Curry oppose multi-family development near their $30M home Famed NBA marksman Stephen Curry appears more comfortable with 3-point daggers than 3-story developments. Along with his influencer wife Ayesha, Curry has objected to the establishment of multi-family housing on a property next to his sprawling California mansion, according to reports. In an email, the couple told officials in Atherton — one of the nation’s most exclusive enclaves — that the three-story town houses would encroach on their privacy. Routinely vocal on matters of social justice, the Bay Area power couple indicated that joining the well-heeled chorus of objection made them uneasy. “We hesitate to add to the ‘not in our backyard’ (literally) rhetoric, but we wanted to send a note before today’s meeting,” they wrote on Jan. 18. “Safety and privacy for us and our kids continues to be our top priority and one of the biggest reasons we chose to live in Atherton.” Home to tech moguls, athletes and international business titans, Atherton officials will reluctantly submit a plan to the state this week outlining their efforts to increase housing density. The parcel in question — which is nea the Curry residence — is set to be rezoned in order to accommodate several multi-family units sought by the owner. “With the density being proposed for 23 Oakwood, there are major concerns in terms of both privacy and safety with three-story townhomes looming directly behind us,” their email read. The couple noted that the development would not add to low-income housing to the area, only increase density. If their municipal buzzer beater falls short, the Currys asked the town to erect “considerably taller fencing and landscaping to block sight lines onto our family’s property.” The couple recently sold their prior Atherton home for $31 million and bought their current 17,000 square foot spread for $30 million, according to reports. Other local heavyweights — including billionaire investor Marc Andriessen — have previously lobbied against the introduction of more affordable housing into the area. With a median home price of more than $7 million, Atherton ranked first on Forbes’ priciest zip code list last year.

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The Sun Also Sets, on Section 702

Play Episode Listen Later Jan 18, 2023 57:00

The Cyberlaw Podcast kicks off 2023 by staring directly into the sun(set) of Section 702 authorization. The entire panel, including guest host Brian Fleming and guests Michael Ellis and David Kris, debates where things could be headed this year as the clock is officially ticking on FISA Section 702 reauthorization. Although there is agreement that a straight reauthorization is unlikely in today's political environment, the ultimate landing spot for Section 702 is very much in doubt and a “game of chicken” will likely precede any potential deal. Everything seems to be in play, as this reauthorization battle could result in meaningful reform or a complete car crash come this time next year. Sticking with Congress, Michael also reacts to President Biden's recent bipartisan call to action regarding “Big Tech” and ponders where Republicans and Democrats could potentially find agreement on an issue everyone seems to agree on (for very different reasons). The panel also discusses the timing of President Biden's OpEd in the Wall Street Journal and debates whether it is intended as a challenge to the Republican-controlled House to act rather than simply increase oversight on the tech industry. David then introduces a fascinating story about the bold recent action by the Security and Exchange Commission (SEC) to bring suit against Covington & Burling LLP to enforce an administrative subpoena seeking disclosure of the firm's clients implicated in a 2020 cyberattack by Chinese state-sponsored group, Hafnium. David posits that the SEC knows exactly what it is doing by taking such aggressive action in the face of strong resistance, and the panel discusses whether the SEC may have already won by attempting to protect its burgeoning piece of turf in the U.S. government cybersecurity enforcement landscape. Brian then turns to the crypto regulatory and enforcement space to discuss Coinbase's recent settlement with New York's Department of Financial Services. Rather than signal another crack in the foundation of the once high-flying crypto industry, Brian offers that this may just be routine growing pains for a maturing industry that is more like the traditional banking sector, from a regulatory and compliance standpoint, than it may have wanted to believe. Then, in the China portion of the episode, Michael discusses the latest news on the establishment of reverse Committee on Foreign Investment in the United States (CFIUS), and suggests it may still be some time before this tool gets finalized (even as the substantive scope appears to be shrinking). Next, Brian discusses a recent D.C. Circuit decision which upheld the Federal Communication Commission's decision to rescind the license of China Telecom at the recommendation of the executive branch agencies known as Team Telecom (Department of Justice, Department of Defense, and Department of Homeland Security). This important, first-of-its-kind decision reinforces the role of Team Telecom as an important national security gatekeeper for U.S. telecommunications infrastructure. Finally, David highlights an interesting recent story about an FBI search of an apparent Chinese police outpost in New York and ponders what it would mean to negotiate with and be educated by undeclared Chinese law enforcement agents in a foreign country. In a few updates and quick hits: Brian updates listeners on the U.S. government's continuing efforts to win multilateral support from key allies for tough new semiconductor export controls targeting China. Michael picks up the thread on the Twitter Files release and offers his quick take on what it says about ReleaseTheMemo. And, last but not least, Brian discusses the unsurprising (according the Stewart) decision by the Supreme Court of the United States to allow WhatsApp's spyware suit against NSO Group to continue.

The Sun Also Sets, on Section 702

tiktok congress secretary committee treasury national security black box asst assistant secretary foreign investment cfius united states cfius

Play Episode Listen Later Jan 18, 2023 57:00

The Cyberlaw Podcast kicks off 2023 by staring directly into the sun(set) of Section 702 authorization. The entire panel, including guest host Brian Fleming and guests Michael Ellis and David Kris, debates where things could be headed this year as the clock is officially ticking on FISA Section 702 reauthorization. Although there is agreement that a straight reauthorization is unlikely in today's political environment, the ultimate landing spot for Section 702 is very much in doubt and a “game of chicken” will likely precede any potential deal. Everything seems to be in play, as this reauthorization battle could result in meaningful reform or a complete car crash come this time next year. Sticking with Congress, Michael also reacts to President Biden's recent bipartisan call to action regarding “Big Tech” and ponders where Republicans and Democrats could potentially find agreement on an issue everyone seems to agree on (for very different reasons). The panel also discusses the timing of President Biden's OpEd in the Wall Street Journal and debates whether it is intended as a challenge to the Republican-controlled House to act rather than simply increase oversight on the tech industry. David then introduces a fascinating story about the bold recent action by the Security and Exchange Commission (SEC) to bring suit against Covington & Burling LLP to enforce an administrative subpoena seeking disclosure of the firm's clients implicated in a 2020 cyberattack by Chinese state-sponsored group, Hafnium. David posits that the SEC knows exactly what it is doing by taking such aggressive action in the face of strong resistance, and the panel discusses whether the SEC may have already won by attempting to protect its burgeoning piece of turf in the U.S. government cybersecurity enforcement landscape. Brian then turns to the crypto regulatory and enforcement space to discuss Coinbase's recent settlement with New York's Department of Financial Services. Rather than signal another crack in the foundation of the once high-flying crypto industry, Brian offers that this may just be routine growing pains for a maturing industry that is more like the traditional banking sector, from a regulatory and compliance standpoint, than it may have wanted to believe. Then, in the China portion of the episode, Michael discusses the latest news on the establishment of reverse Committee on Foreign Investment in the United States (CFIUS), and suggests it may still be some time before this tool gets finalized (even as the substantive scope appears to be shrinking). Next, Brian discusses a recent D.C. Circuit decision which upheld the Federal Communication Commission's decision to rescind the license of China Telecom at the recommendation of the executive branch agencies known as Team Telecom (Department of Justice, Department of Defense, and Department of Homeland Security). This important, first-of-its-kind decision reinforces the role of Team Telecom as an important national security gatekeeper for U.S. telecommunications infrastructure. Finally, David highlights an interesting recent story about an FBI search of an apparent Chinese police outpost in New York and ponders what it would mean to negotiate with and be educated by undeclared Chinese law enforcement agents in a foreign country. In a few updates and quick hits: Brian updates listeners on the U.S. government's continuing efforts to win multilateral support from key allies for tough new semiconductor export controls targeting China. Michael picks up the thread on the Twitter Files release and offers his quick take on what it says about ReleaseTheMemo. And, last but not least, Brian discusses the unsurprising (according the Stewart) decision by the Supreme Court of the United States to allow WhatsApp's spyware suit against NSO Group to continue.

Inside the CFIUS Black Box: Foreign Investment and National Security with Tom Feddo, Fmr. Asst. Secretary of the Treasury

The Burn Bag Podcast

Play Episode Listen Later Dec 21, 2022 48:21

In this episode, Ryan talks to Tom Feddo, former Assistant Secretary of the Treasury for Investment Security, about the Committee on Foreign Investment in the United States (CFIUS). Tom, who led the interagency body from 2018-2021, discusses the history of CFIUS and its power to review foreign investments. With increasing scrutiny on cross-border transactions, Tom sheds light on the CFIUS review process, shares his perspective on the TikTok case and, assesses whether Twitter may be subject to the body's jurisdiction. The conversation concludes with an overview of the proposed outbound review legislation in Congress and what the future may hold for U.S. investment screening.

US Senator asks for CFIUS review of Twitter financing deal – DTH

Daily Tech Headlines

Play Episode Listen Later Nov 1, 2022

US Senator asks for a review of Twitter financing deal by the Committee on Foreign Investment in the United States (CFIUS), the decentralized social media network Mastodon climbs the App Store rankings, and Netflix buys another game studio. MP3 Please SUBSCRIBE HERE. You can get an ad-free feed of Daily Tech Headlines for $3 aContinue reading "US Senator asks for CFIUS review of Twitter financing deal – DTH"

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Ep. 137 - Intellia's Data, IRA's Orphan Impact, CFIUS Order

BioCentury This Week

Play Episode Listen Later Sep 19, 2022 18:34

A year after it reported its first clinical data showing CRISPR-based gene editing may live up to its promise, Intellia has provided evidence for the second time that its platform can knock down a clinically relevant target in the liver, and revealed the first data showing it can deliver clinical benefit. On the latest BioCentury This Week podcast, BioCentury's editors discuss the hereditary angioedema data for NTLA-2002. They also explain why the Inflation Reduction Act could have an outsized effect on the development of orphan drugs and how an Executive Order related to the Committee on Foreign Investment in the United States (CFIUS) signed by President Joe Biden singles out biotech and biomanufacturing for intensified foreign investment scrutiny.

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Episode 7- The Committee on Foreign Investment in the United States (CFIUS)

Torres Talks Trade

Play Episode Listen Later Jul 21, 2022 36:57

This week's episode discusses the Committee on Foreign Investment in the United States "CFIUS," the U.S. interagency body that reviews foreign investment for national security purposes. Host Olga Torres is joined by Albert Schulz, founder of Kaerus Consulting LLC, which provides a variety CFIUS Mitigation services to clients, to look at the ins and out CFIUS mitigation, and how to ensure international mergers and acquisitions in critical areas proceed smoothly while minimizing risk to national security.

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Implementing Change at the Committee on Foreign Investment in the United States (CFIUS) // Foreign Investment

Linklaters – Payments Monthly – Our view on payments law and regulation

Play Episode Listen Later Jun 28, 2022 25:56

Episode 4: Global Foreign Investment Podcast Series Since 1988, the Committee on Foreign Investment in the United States (CFIUS) has been a leader in conducting national security-focused reviews of inbound foreign investments. In 2018, the scope and process of CFIUS reviews changed dramatically with the enactment of the Foreign Investment Risk Review Modernization Act (FIRRMA), the first change to the law governing CFIUS since 2007. In the fifth podcast in our series with the leaders implementing foreign investment review processes around the world, Jonathan Gafni, head of Linklaters US Foreign Investment practice in Washington and former member of CFIUS, welcomes Thomas Feddo, founder and principal of Rubicon Advisors. Previously, as Assistant Secretary of the Treasury for Investment Security, Mr. Feddo led CFIUS during its implementation of FIRRMA. Topics discussed during the podcast include: The effectiveness of FIRRMA in meeting CFIUS's substantive and administrative objectives Hurdles encountered during the development of the regulations implementing FIRRMA Challenges facing Paul Rosen, Mr. Feddo's recently confirmed successor as Assistant Secretary for Investment Security Proposed U.S. legislation to create a “reverse CFIUS” reviewing national security implications of outbound U.S. investments The interplay between sanctions regimes and CFIUS

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Implementing Change at the Committee on Foreign Investment in the United States (CFIUS) // Foreign Investment

The Linklaters Podcast

Play Episode Listen Later Jun 28, 2022 25:56

Episode 4: Global Foreign Investment Podcast Series Since 1988, the Committee on Foreign Investment in the United States (CFIUS) has been a leader in conducting national security-focused reviews of inbound foreign investments. In 2018, the scope and process of CFIUS reviews changed dramatically with the enactment of the Foreign Investment Risk Review Modernization Act (FIRRMA), the first change to the law governing CFIUS since 2007. In the fifth podcast in our series with the leaders implementing foreign investment review processes around the world, Jonathan Gafni, head of Linklaters US Foreign Investment practice in Washington and former member of CFIUS, welcomes Thomas Feddo, founder and principal of Rubicon Advisors. Previously, as Assistant Secretary of the Treasury for Investment Security, Mr. Feddo led CFIUS during its implementation of FIRRMA. Topics discussed during the podcast include: The effectiveness of FIRRMA in meeting CFIUS's substantive and administrative objectives Hurdles encountered during the development of the regulations implementing FIRRMA Challenges facing Paul Rosen, Mr. Feddo's recently confirmed successor as Assistant Secretary for Investment Security Proposed U.S. legislation to create a “reverse CFIUS” reviewing national security implications of outbound U.S. investments The interplay between sanctions regimes and CFIUS

washington committee treasury assistant secretary foreign investment cfius implementing change united states cfius paul rosen firrma

Is This Podcast Sentient?

Play Episode Listen Later Jun 22, 2022 45:58

This episode of the Cyberlaw Podcast begins by digging into a bill more likely to transform tech regulation than most of the proposals you've actually heard of—a bipartisan effort to repeat U.S. Senator John Cornyn's bipartisan success in transforming the Committee on Foreign Investment in the United States (CFIUS) four years ago. The new bill holds a mirror up to CFIUS, Matthew Heiman reports. Where CFIUS regulates inward investment from adversary nation, the new proposal will regulate outward investment—from the U.S. to adversary nations. The goal is to slow the transfer of technical expertise (and capital) from the U.S. to China. It is opposed by the Chinese government and the same U.S. business alliance that angered Senator Cornyn in 2018. If it passes, I predict, it will be as part of must-pass legislation and will be a big surprise to most technology observers. The cryptocurrency world might as well make Leslie Gore its official chanteuse, because everyone is crying at the end of the crypto party. Well, except for Nick Weaver, who does a Grand Tour of all the overleveraged cryptocurrency firms on or over the verge of collapse as bitcoin values drop to $20 thousand and below. Scott Shapiro and I trade views on the spate of claims that Microsoft is downgrading security in its products. It would unfortunately make sense for Microsoft to strip-mine value from its standalone proprietary software by stinting on security, we think, but we can't explain why it would neglect cloud security as it is increasingly accused of doing. That brings us to NickTalk about TikTok, and a behind-the-scenes look at what has happened to the TikTok-CFIUS case in the years since former President Donald Trump left the stage. Turns out that CFIUS has been doggedly pursuing pieces of the deal that were still on the table in 2020: localization in the U.S. for U.S. user data and no Chinese access to the data. The first is moving forward, Nick tells us; the second is turning out to be a morass. Speaking of localization, India's determination to localize credit card data has been rewarded. Matthew reports that cutting off new credit card customers did the trick: Mastercard has localized its data, and India has lifted the ban. Scott reports on Japan's latest contribution to the techlash: a law that makes 'online insults' a crime. Scott also reports on a modest bright spot in NSO Group 's litigation with Facebook: The Supreme Court answered the company's plea, calling on the U.S. government to comment on whether NSO could claim sovereign immunity for the hacking tools it sells to government. Nick puts his grave dancing shoes back on to report the bad news for NSO: the Biden administration is trashing a rumored acquisition by U.S. - based L3Harris Technologies. Scott makes short work of the idea that a Google AI chatbot has achieved sentience. Of course, as a trained philosopher, Scott seems a little reluctant to concede that I've achieved sentience. We do agree that it's a hell of a good chatbot. And in quick hits, I note the appointment of April Doss as General Counsel for the National Security Agency Counsel after a long series of acting General Counsels.

Is This Podcast Sentient?

investments committee proposed acquisitions crossborder foreign investment cfius united states cfius

Play Episode Listen Later Jun 22, 2022 45:58

This episode of the Cyberlaw Podcast begins by digging into a bill more likely to transform tech regulation than most of the proposals you've actually heard of—a bipartisan effort to repeat U.S. Senator John Cornyn's bipartisan success in transforming the Committee on Foreign Investment in the United States (CFIUS) four years ago. The new bill holds a mirror up to CFIUS, Matthew Heiman reports. Where CFIUS regulates inward investment from adversary nation, the new proposal will regulate outward investment—from the U.S. to adversary nations. The goal is to slow the transfer of technical expertise (and capital) from the U.S. to China. It is opposed by the Chinese government and the same U.S. business alliance that angered Senator Cornyn in 2018. If it passes, I predict, it will be as part of must-pass legislation and will be a big surprise to most technology observers. The cryptocurrency world might as well make Leslie Gore its official chanteuse, because everyone is crying at the end of the crypto party. Well, except for Nick Weaver, who does a Grand Tour of all the overleveraged cryptocurrency firms on or over the verge of collapse as bitcoin values drop to $20 thousand and below. Scott Shapiro and I trade views on the spate of claims that Microsoft is downgrading security in its products. It would unfortunately make sense for Microsoft to strip-mine value from its standalone proprietary software by stinting on security, we think, but we can't explain why it would neglect cloud security as it is increasingly accused of doing. That brings us to NickTalk about TikTok, and a behind-the-scenes look at what has happened to the TikTok-CFIUS case in the years since former President Donald Trump left the stage. Turns out that CFIUS has been doggedly pursuing pieces of the deal that were still on the table in 2020: localization in the U.S. for U.S. user data and no Chinese access to the data. The first is moving forward, Nick tells us; the second is turning out to be a morass. Speaking of localization, India's determination to localize credit card data has been rewarded. Matthew reports that cutting off new credit card customers did the trick: Mastercard has localized its data, and India has lifted the ban. Scott reports on Japan's latest contribution to the techlash: a law that makes 'online insults' a crime. Scott also reports on a modest bright spot in NSO Group 's litigation with Facebook: The Supreme Court answered the company's plea, calling on the U.S. government to comment on whether NSO could claim sovereign immunity for the hacking tools it sells to government. Nick puts his grave dancing shoes back on to report the bad news for NSO: the Biden administration is trashing a rumored acquisition by U.S. - based L3Harris Technologies. Scott makes short work of the idea that a Google AI chatbot has achieved sentience. Of course, as a trained philosopher, Scott seems a little reluctant to concede that I've achieved sentience. We do agree that it's a hell of a good chatbot. And in quick hits, I note the appointment of April Doss as General Counsel for the National Security Agency Counsel after a long series of acting General Counsels.

The Latest on CFIUS and FDI With John Beahn, A Partner With Milbank And Host Richard Levick of LEVICK

In House Warrior

Play Episode Listen Later Jun 1, 2022 32:02

The Latest on CFIUS and FDI With John Beahn, A Partner With Milbank And Host Richard Levick of LEVICK: John Beahn, a partner in the Washington, DC office of Milbank LLP with a practice focusing on matters related to the Committee on Foreign Investment in the United States (“CFIUS”) and foreign direct investment (“FDI”) speaks with host Richard Levick of LEVICK about evolving national security issues, trends in enforcement, China, Russia and more.

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The Powers of CFIUS

Illinois MCLE Podcast

Play Episode Listen Later May 12, 2022 38:10

The Committee on Foreign Investment in the United States (CFIUS) published new rules in 2020 significantly expanding CFIUS jurisdiction over certain types of investments. Often called a “black box,” CFIUS assesses the potential national security risks of investments in the U.S. and operates in a classified environment. To peel back the curtain, we sit down with two longtime leaders of the CFIUS committee Aimen Mir and Colin Costello and discuss the substantive changes and new powers conferred by FIRRMA and CFIUS strategy for businesses under the Biden administration.

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Foreign Investment in the U.S. With David Plotinsky, Formerly With the DOJ Foreign Investment Review Section and Now A Partner With Morgan Lewis With Host Richard Levick of LEVICK

In House Warrior

Play Episode Listen Later Apr 12, 2022 36:39

Foreign Investment in the U.S. With David Plotinsky, Formerly With the DOJ Foreign Investment Review Section and Now A Partner With Morgan Lewis With Host Richard Levick of LEVICK: David Plotinsky, who served as the acting chief and also as the principal deputy chief of the US DOJ's Foreign Investment Review Section and now a partner with Morgan Lewis, speaks with host Richard Levick of LEVICK about trends and changes in the Committee on Foreign Investment in the United States (CFIUS) and the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (CAFPUSTSS or Team Telecom); compliance and enforcement matters arising from CFIUS and Team Telecom cases; national security issues relating to foreign investment and more.

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Crypto & National Security: Sanctions & Statecraft in a Time of War

#global-public-policy

Play Episode Listen Later Mar 8, 2022 62:56

Jason Weinstein conducts internal investigations and represents companies and individuals in high-profile criminal matters. With 15 years of experience in senior positions at the US Department of Justice (DOJ), he helps corporations and boards successfully navigate challenging government enforcement matters and defends individuals in criminal investigations and prosecutions. He is recognized across the United States as an authority on legal and regulatory issues involving digital currencies and blockchain technology. Jason serves as co-chair of Steptoe's White-Collar and Securities Enforcement and the Blockchain and Cryptocurrency practices.Jason regularly directs internal investigations, tries complex cases, and represents clients in criminal investigations before the DOJ as well as other government agencies. As the former deputy assistant attorney general of the DOJ's Criminal Division, he oversaw the most significant organized crime, financial crime, cybercrime, and intellectual property theft investigations in America. Before joining the Criminal Division, Jason served for nearly 10 years as an assistant US attorney in the US Attorney's Offices for the Southern District of New York and the District of Maryland, where he investigated and prosecuted cases involving financial crimes, public corruption, racketeering, cybercrime, national security, narcotics, money laundering, immigration offenses, and violent crime. In the District of Maryland, where he served as Assistant Chief of the Criminal Division and as Chief of the Violent Crime Section, Jason prosecuted many of the highest-profile cases of the past decade in Baltimore. He brings this experience to bear in each client matter, many of which are extremely prominent. Among other recent matters, he represents Volkswagen in the criminal case arising from the diesel emissions controversy and led the independent investigation by the board of Pilot Flying J in response to allegations of fraudulent sales practices.Jason is widely recognized for his command of the complex legal issues surrounding digital currencies and the blockchain. He is the director of the Blockchain Alliance, a public-private forum established by a broad coalition of companies and organizations to help combat criminal activity involving digital currencies and blockchain technology. He also sits on the strategic advisory board of Bitfury, the leading full-service blockchain technology company and one of the largest private infrastructure providers in the industry, and serves on the advisory board of the Chamber of Digital Commerce and Coin Center.Alan Cohn counsels clients on a range of blockchain- and cryptocurrency-related issues, from regulatory best practices for cryptocurrency companies to legal issues associated with novel uses of blockchain technology. In addition to co-leading Steptoe's Blockchain & Cryptocurrency practice, Alan also co-leads the firm's National and Homeland Security practice, and has experience across homeland security, emergency management, and emergency response services at the federal and local level. Alan represents a variety of different types of entities focusing on blockchain and cryptocurrency, from cryptocurrency trading platforms to investment funds to startups developing new blockchain protocols, as well as corporations interested in exploring potential applications of blockchain technology. Alan helped found Steptoe's Blockchain and Cryptocurrency practice and serves as its co-chair. Alan also serves as counsel to the Blockchain Alliance, a public-private forum established by a broad coalition of companies and organizations to help combat criminal activity on the blockchain, and advises companies and investors concerning a range of issues associated with the adoption and use of blockchain and distributed ledger technology. Alan is ranked among the top US lawyers in Blockchain and Cryptocurrencies by Chambers USA (2019-2020), where he is noted for his "tremendous depth of expertise in regulatory issues facing blockchain platforms and cryptocurrencies." He is also recognized as an MVP in FinTech by Law360 (2019), a trailblazer in both Cryptocurrency, Blockchain & FinTech (2018) and Cybersecurity (2017) by National Law Journal and as a Next Generation Lawyer in Cyber Law by The Legal 500 (2017-2019). Alan brings a unique perspective, focusing on the intersection of cryptocurrency and blockchain technology with cybersecurity and cybercrime, and advising clients on national security and emerging technology issues. Before joining Steptoe, Alan served as a career official in senior policy positions at The Department of Homeland Security (DHS) for almost a decade, during both the George W. Bush and Barack Obama administrations. Most recently, he served as the Assistant Secretary for Strategy, Planning, Analysis & Risk and second-in-charge overall of the DHS Office of Policy during the second term of the Obama Administration. Among a variety of responsibilities, Alan oversaw emergency preparedness and response policy for the DHS Office of Policy, and participated in and helped run a variety of scenario planning and tabletop exercise activities at DHS. Alan also established the cyber policy office within the DHS Office of Policy, represented DHS on the Committee on Foreign Investments in the United States (CFIUS) and related national security review processes for foreign investments, and architected and helped implement DHS Secretary Jeh Johnson's Unity of Effort Initiative, a major corporate-level DHS management reform effort. Prior to joining DHS, he worked with FEMA's National Urban Search & Rescue Response System for 11 years and served as chair of the System Advisory Committee's Legal Issues Working Group. He is the author of "Domestic Preparedness: Law, Policy, and National Security," a legal casebook on emergency management law and policy, as well as book chapters concerning federal preparedness grant funding. Alan also is an adjunct professor at Georgetown University Law Center where he has taught Domestic Preparedness Law and Policy and National Security Crisis Law, and a non-resident fellow at Georgetown Law's Center on National Security and the Law.

CFIUS and its Impact on Proposed Cross-Border Acquisitions and Investments

CCBJ Perspectives

Play Episode Listen Later Dec 20, 2021 42:14

This podcast will discuss the Committee on Foreign Investment in the United States (CFIUS) and its impact on U.S. entities, the relevancy on companies seeking foreign investment, enforcement trends and ...

Navigating National Security Issues in the Internet Age With Guillermo Christensen, Office Managing Partner of Ice Miller and Host Richard Levick of LEVICK

In House Warrior

Play Episode Listen Later Nov 18, 2021 36:03

Navigating National Security Issues in the Internet Age: Guillermo Christensen, a national security lawyer, former CIA intelligence officer, diplomat with the US Department of State and the Office Managing Partner of Ice Miller's Washington DC Office, joins host Richard Levick of LEVICK to discuss enterprise risks involving cybersecurity, national security and complex international business matters. He covers trends in data security and ransomware; the Office of Foreign Assets Control (OFAC); complex technology matters involving China; the Committee on Foreign Investment in the United States (CFIUS) and the Foreign Corrupt Practices Act (FCPA).

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The Federal Government is Getting Creative in Regulating Technology

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Play Episode Listen Later Oct 13, 2021 52:05

The theme of this episode is a surge of creativity in the Biden administration as it searches for ways to regulate cybersecurity and cryptocurrency without new legislative authority. Paul Rosenzweig lays out the Department of Homeland Security's entries in the creativity sweepstakes: New (and frankly pretty modest) cybersecurity directives to the rail and air industry plus a much more detailed (and potentially problematic) set of requirements for pipeline companies. Matthew Heiman describes a Justice Department plan for enforcing cybersecurity rules for federal contractors that should chill the hearts of management: an initiative that raises the prospect of whistleblower suits under the False Claims Act for failure to disclose breaches to the government. I suggest that this means the notoriously short tenure of the Chief Information Security Officer (CISO) at large companies will now come with a built-in retirement compensation package. Creativity in regulating cryptocurrency was signaled both by the White House, which is working on a broader and more coordinated regulatory approach and by the Justice Department, which is planning a major criminal investigative approach to the industry. Nick Weaver gives us the details. Paul covers a remarkably creative assertion of The Committee on Foreign Investment in the United States (CFIUS) jurisdiction over a Chinese purchase of Magnachip, a company with virtually no ties to the United States. Despite having no obvious skin in the game, CFIUS insisted on a CFIUS filing under President Trump and then vetoed the deal under President Biden. I suggest that the claim of extraterritorial jurisdiction, which in other circumstances might have annoyed South Korea, is in this case a good way for South Korea to avoid taking heat from China. Paul explains why the Facebook outage was a much bigger deal than Americans realized. If you were living in Costa Rica, the loss of Facebook and WhatsApp, he says, could have greatly complicated every aspect of daily life, including calls for emergency services. Paul digs into the return of “hactivism”—not to mention skepticism about hactivism. I marshal the evidence that the Pandora Papers were the result of hacks, not leaks—and roast the newspapers feasting on the hack for their utter hypocrisy. Hey, Marty Baron! We haven't forgotten that after the Democratic National Committee (DNC) leaks of 2016, you said “Before reporting on the release of hacked or leaked information, there should be a conversation with senior editors about the newsworthiness of the information, its authenticity and whether we can determine its provenance... If a decision is made to publish a story about hacked or leaked information, our coverage should emphasize what we know—or don't know—about the source of the information and how that may fit into a foreign or domestic influence operation. Our stories should prominently explain what we know about the full context of the information we are presenting, including its origins and the motivations of the source, including whether it appears to be an effort to distract from another development.” We're still looking for that “full context” in the Pandora Papers or the Epik leaks. Nick fills us in on Facebook's extreme reaction to the creation of a tool that allows users to escape the News Feed. I discover that I've completely missed the central Facebook experience because I semi-inadvertently disabled the news feed. Paul offers some surprising news about the limits of Artificial Intelligence (AI). Turns out, it's not that good even at some of the things it should be superb at, like radiology reviews. Nick and I explore Google's acceptance of warrants based on search terms. He thinks that this has gone on under the radar for some time because both government and Google think the public reaction will be bad for business. Finally, in two quick hits: I brag about the proof that I'm one of the 14,000 Gmail users that the Main Directorate of the General Staff of the Armed Forces of the Russian Federation (GRU) fears most: Google caught the Russian spy agency trying to phish me with a doctored Word document. And Matthew reveals what the Russian SolarWinds hackers were looking for. From all the SolarWinds bad news, we extract this bit of good news: U.S. sanctions are really getting under Putin's skin. So much so that sanctions are among Russian spies' top collection priorities. And more! Download the 378th Episode (mp3) You can subscribe to The Cyberlaw Podcast using iTunes, Google Play, Spotify, Pocket Casts, or our RSS feed. As always, The Cyberlaw Podcast is open to feedback. Be sure to engage with @stewartbaker on Twitter. Send your questions, comments, and suggestions for topics or interviewees to CyberlawPodcast@steptoe.com. Remember: If your suggested guest appears on the show, we will send you a highly coveted Cyberlaw Podcast mug! The views expressed in this podcast are those of the speakers and do not reflect the opinions of their institutions, clients, friends, families, or pets.

When are Real Estate Transactions Subject to National Security Review?

The Property Line

Play Episode Listen Later Aug 9, 2021 15:36

The Committee on Foreign Investment in the United States (CFIUS) has been in existence since 1975, but it was not until February 2020 that CFIUS adopted regulations specifically targeting the real estate industry. CFIUS now has the express power to review standalone real estate leases, purchases, sales, and other property transactions that are not part of a larger merger or acquisition. Under certain circumstances, CFIUS can delay, alter, or unwind real estate transactions. In this episode, Gordon Peery, chair of Seyfarth's Derivatives practice group, joins hosts Eric Greenberg and James O'Brien to discuss the types of real estate transactions that will attract CFIUS review and how to spot CFIUS issues, as well as strategies for managing the risks related to a CFIUS review.

Conductive Discussions: CFIUS, Trade Regulations, and the Impact on the Semiconductor Industry

Ropes & Gray Podcasts

Play Episode Listen Later Apr 13, 2021 13:10

Ropes & Gray's podcast series Conductive Discussions focuses on legal issues of interest to the semiconductor industry. In this episode, IP litigation partner Mark Rowland and litigation & enforcement partner Ama Adams, counsel Brendan Hanifin and associate Emerson Siegle discuss recent developments regarding the Committee on Foreign Investment in the United States (CFIUS) review process, enhanced export controls, and novel economic sanctions. These evolving foreign investment and trade regulations present complex challenges for semiconductor companies, particularly those with dealings involving China.

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Is the 800 pound CCP gorilla in the room actually sitting on Joe Biden? Bonus episode-12

The Hate Speech Zone

Play Episode Listen Later Mar 5, 2021 7:48

Yes, I am borrowing the Marxist tactic of employing unnecessary "over the top" headlines to sensationalize! (This is supposed to trick you into forgetting what the article is about--but the allegations in the headline are so ridiculous they won't be forgotten.) This is a cursory reminder that the LAST people who should complain about cybersecurity attacks from China are those who: Brag about being chummy with the Chinese Communist Party (CCP) Made deals giving military technology to the CCP that deceived the Committee on Foreign Investment in the United States (CFIUS) on tech applications Think offshoring to China (bad for the environment good for communist regimes) is a way to "Build Back Better". Look no further than Sid Blumenthal's phishing mistake, Hillary's "bidet bungle", or Imran Awan and his family to see why Democrats are begging to be hacked, daily.

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Doreen Edelman on CFIUS under the Biden Administration

FCPA Compliance Report

Play Episode Listen Later Jan 11, 2021 33:00

In the Episode, I visit with Doreen Edelman, chair of the Lowenstein Sandler Global Trade & Policy practice. She leads a unique team that combines global trade and policy expertise with cross-border M&A, technology, government contracts, white collar investigations, and business counseling practices to help clients develop strategies to minimize global business risks, increase compliance with U.S. requirements, and mitigate matters raised by U.S. regulatory agencies and the U.S. Department of Justice. Doreen joins me to bring us up-to-date on all things Committee on Foreign Investment in the United States (CFIUS) and where it is headed under the Biden Administration. Some of the highlights include: Why do you want everyone in compliance to have some familiarity of CFIUS? Isn’t it just about foreign ownership? Is this just about China? Do you expect Biden to come in and have lots of changes? What if you have investors that are Limited Partnerships? When should company or investor start to consider CFIUS issues? Are there any exceptions? Is there a de minimus exception for small deals? What are the rules on a real estate purchase under CFIUS? Resources Doreen Edelman LinkedIn page Learn more about your ad choices. Visit megaphone.fm/adchoices

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Post-Election Special Part I - US-China Investment Under a Biden Administration

China Law Podcast

Play Episode Listen Later Nov 19, 2020 25:06

With a new U.S. presidential administration all but confirmed, all eyes now are on how a Biden presidency will differ from its predecessor in terms of its policies towards China. Jeremy Zucker and Yang Wang discuss FDI flows between the two countries, the outlook for cross-border M&A, the potential policy tools used by the Biden administration in this area, and more. Today's episode is the first of a two-part special looking at what a Biden administration could mean for U.S.-China business and investment. Next week's episode will cover U.S.-China trade and sanctions policies. Jeremy Zucker is co-chair of Dechert's International Trade and Government Regulation practice based in Washington, D.C. He has extensive experience advising on national security reviews of FDI by the Committee on Foreign Investment in the United States (CFIUS). Yang Wang is managing partner of Dechert's Beijing office who focuses his practice on cross-border M&A, private equity, venture capital investments and capital markets. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode Outline 02:47 CFIUS powers expanded by FIRRMA, scrutiny on critical technologies 07:55 Differences in means rather than ends 09:56 Reversion of CFIUS to traditional norms 15:00 Paying close attention to initial days of Biden presidency 17:02 Foreign investment in China picking up recently 18:47 Impact of COVID-19 on PE/VC 20:20 New investment opportunities in high-tech sectors Related Content Chinese Investment in US Plummets Under Increased Scrutiny, But Not Impossible Podcast #14: CFIUS and its Impact on Chinese Investment in the US TikTok Given Little Room to Maneuver as Broad Fears of Chinese Surveillance Prevail

Marco Rubio Flexes on GNC Bankruptcy Sale to Chinese Company

the Joshua Schall Audio Experience

Play Episode Listen Later Sep 13, 2020 10:59

Who cares that an 85-year-old American vitamin retail business is going to be acquired through bankruptcy by a Chinese company, right? Well it seems a few powerful and loud voices have stepped up to share their thoughts on the GNC bankruptcy sale. One such voice is Marco Rubio, who has requested a full review of this transaction by the Committee on Foreign Investment in the United States (CFIUS). The heart of the concern comes from three main areas; (1) Customer Data (2) Military Base GNC locations (3) United States and China Trade Tensions. If Marco Rubio is successful in his national security concerns, GNC will need to move into Plan B or C with their bankruptcy auction that officially ended for bidders on 9/11/2020.

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TikTok Sues Trump: Do They Have Any Chance Of Success? (VL298)

Virtual Legality

Play Episode Listen Later Aug 26, 2020 53:14

On August 6, 2020, President Trump took the unusual step of banning certain transactions between American citizens and the parent company of TikTok, Inc., ByteDance Ltd., on the basis that the TikTok application presented a national security threat. Eight days later, on August 14, 2020, the White House further order ByteDance to divest itself of TikTok within three months. Now, TikTok and ByteDance have sued the Trump Administration, not to prevent the sale of the company, but solely to prevent the August 6 ban on transactions. While the company presents many arguments, some good, some bad, and some bold, questions regarding the Court's willingness to interject its own judgment in the place of an executive abound. But perhaps winning the case was never the point. Tick Tock, You Don't Stop TikTok...in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/rsNwRmY8L74 #TikTok #Ban #Lawsuit *** CHAPTERS 00:00 Introduction 7:56 TikTok v Trump (Overview) 11:15 Tiktok's Legal Claims (Overview) 18:25 Tiktok's Factual Background 37:15 Due Process Clause Claim 39:13 There is No National Emergency 42:02 ByteDance Wasn't Implicated 43:42 EO Covers Exempt Materials 45:14 IEEPA itself Is Unconstitutional 47:34 Takings Clause Claim 48:38 Code as Free Speech 50:38 Conclusion *** Discussed in this episode: TikTok Inc. v Trump Case No. 2:20-cv-7672 (August 24, 2020) https://cdn.vox-cdn.com/uploads/chorus_asset/file/21812645/document__1_.pdf "Executive Order on Addressing the Threat Posed by TikTok" White House EO - August 6, 2020 https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-tiktok/ "Presidential authorities" 50 USC 1702 https://www.law.cornell.edu/uscode/text/50/1702 50 USC 1701 https://www.law.cornell.edu/uscode/text/50/1701 "Executive Order on Securing the Information and Communications Technology and Services Supply Chain" White House EO - May 15, 2019 https://www.whitehouse.gov/presidential-actions/executive-order-securing-information-communications-technology-services-supply-chain/ "Order Regarding the Acquisition of Musical.ly by ByteDance Ltd" White House EO - August 14, 2020 https://www.whitehouse.gov/presidential-actions/order-regarding-acquisition-musical-ly-bytedance-ltd/ "The Committee on Foreign Investment in the United States (CFIUS)" US Department of the Treasury Website https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius "Michigan Court of Appeals rules Gov. Whitmer has authority to use emergency pandemic powers" Click on Detroit Website - August 21, 2020 https://www.clickondetroit.com/news/local/2020/08/21/michigan-court-of-appeals-rules-gov-whitmer-has-authority-to-use-emergency-pandemic-powers/ *** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law). CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL. *** Twitter: @hoeglaw Web: hoeglaw.com Blog: hoeglaw.wordpress.com

CFIUS and its impact on Chinese investment in the US - Jeremy Zucker + Darshak Dholakia, Dechert

China Law Podcast

Play Episode Listen Later Aug 14, 2020 28:58

With news about Chinese video-sharing platform TikTok dominating headlines, attention is being paid once again to the government body at the center of reviewing inbound foreign investment into the U.S., the Committee on Foreign Investment in the United States (CFIUS). In this episode, Jeremy Zucker and Darshak Dholakia delve into the CFIUS review process and its implications for Chinese investors; the history of the CFIUS review; recent reforms bolstering its powers; the unusualness of the TikTok case; as well as concrete data showing the practical impact of CFIUS on outbound Chinese investment into the U.S. For the full episode, click here to listen on Apple Podcasts and here for Spotify. Jeremy Zucker and Darshak Dholakia are partners at Dechert based in Washington DC. Jeremy is co-chair of the firm's International Trade and Government Regulation practice and has extensive experience advising on CFIUS reviews of foreign investment. Darshak is also an integral part of the CFIUS team at Dechert, having advised on many such reviews as well. The China Law Podcast is a weekly podcast exploring China's business and financial sectors from a legal perspective hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes. Episode outline 01:24 What CFIUS is and the powers it has 04:41 CFIUS' annual work reports and takeaways for Chinese investors 08:05 Mitigation measures and their growing importance 14:58 CFIUS reforms bolstering its authority 19:52 Common themes of CFIUS scrutiny of Chinese investment 23:47 Deciding whether to voluntarily file for CFIUS review Related content CFIUS Law Reform Imposes Serious Threats to Chinese Investments in the US In the News: WeChat, TikTok Bans

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Update #39 - TikTok, Huawei, and Study Abroad

East West Hurricane

Play Episode Listen Later Jul 31, 2020 4:39

Welcome to East West Hurricane! 🌪We update you on the most essential news from Asia in tech, media, and business—the things you need to know that you probably haven’t heard in Western media.Follow us on Twitter and Instagram! ⚡️TikTok’s Latest Moves 👀TikTok’s executive leadership and investors are exploring many options to deal with the intense scrutiny they are facing. To avoid the most damaging scenario of being completely banned from the US, a group of US investors are looking into acquiring a stake in TikTok to make the company more ‘American-owned’. This should hopefully satisfy the Committee on Foreign Investment in the United States (CFIUS), which reviews business deals that pose potential national security risks involving foreign entities.Reuters reports that TikTok is looking to be sold at a price that values the company at $50 Billion. This places TikTok as significantly more valuable than Snap, which is a publicly traded company currently at a $33 Billion market cap. Twitter has a market cap of $28 Billion and Pinterest has a market cap of $15 Billion. As a reminder, TikTok is owned by the Chinese tech holding company Bytedance. Several major US investors like Sequoia and General Atlantic already own major shares in Bytedance.Satisfying the US Government should also satisfy other governments, as TikTok is also facing a potential ban in Japan. Kevin Mayer, the new American CEO of TikTok, has been making more public announcements defending TikTok, revealing more transparency around the algorithm, and encouraging more dialogue. As a public relations strategy, it’s important for Kevin Mayer to become more friendly with Western legislators who have the power to ban TikTok. Right now, Bytedance’s Chinese CEO Zhang Yiming is a less familiar person to Western media, which makes him and the company an easier target.Huawei is the World’s Number One ☝️For the first time ever, Huawei has been named the number one smartphone maker in the world, measured by number of smartphones shipped in Q2 2020. For the last nine years, Samsung and Apple have dominated that number one spot. Many analysts point to China’s strong domestic market for smartphones as the reason behind Huawei’s success. While the coronavirus has hit Samsung and Apple’s revenue, Huawei has benefitted from China’s economy recovering at a faster pace than most other countries in the world. Compared to Samsung and Apple, 70% of Huawei’s sales are concentrated in the Chinese market.Whatever your thoughts on the company, this is still very impressive considering all the recent controversy surrounding Huawei, including recently getting banned from the UK and US. You could think of Huawei’s struggles and success as a metaphor for Chinese resilience and inevitable growth in spite of major challenges. To me, it’s also a crazy reminder that the Chinese market is literally so damn big that you could only serve Chinese customers and still be the best-selling brand in the world. Fun fact—another example of this is Kweichow Moutai, which is the word’s biggest alcohol brand and does less than 10% of sales outside of China. International Students ‘Go Local’ 🎓A couple of weeks ago, the US government revoked an order that would have forced international students to leave the country if their school hosted only virtual classes because of the coronavirus. While this allowed many international students to breathe a sigh of relief, they still have to deal with travel restrictions that create a potentially downgraded university experience.New York University (NYU) has created a new ‘Go Local’ program that allows students to attend classes at NYU’s satellite campuses in either Abu Dhabi or Shanghai. Thousands of students who would otherwise be at NYU’s campus in New York will now have to change their plans and decide whether the Go Local option works for them. Or alternatively, students can still take virtual classes from the main NYU campus. Other big schools like Duke, Cornell, Rutgers and Tulane are creating similar programs with their own respective Chinese partner universities. Some Chinese students at smaller schools like Bates and Mount Holyoke have petitioned to create these kinds of programs but the school administration has been unwilling (or maybe unable) to make this happen. It’s too early to tell the long-term effects on international student enrolment in American universities, but these early experiments should provide us with real data very soon. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit eastwesthurricane.substack.com

US National Security, CFIUS and COVID-19

Bribe, Swindle or Steal

Play Episode Listen Later Apr 15, 2020 23:19

Darshak Dholakia, a partner in Dechert’s Washington office, provides a timely overview of the current Committee on Foreign Investment in the United States (CFIUS) approach to foreign investment in the US, comparable laws of other countries and how scrutiny of healthcare and biotechnology sectors may increase in light of the COVID-19 pandemic.

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Navigating CFIUS Risks with Business Intelligence: Part 5 - Effective Monitoring and Compliance Officer Solutions for CFIUS

takeaways index pmi fdi foreign investment cfius united states cfius

Play Episode Listen Later Mar 27, 2020 13:44

Welcome to a sponsored podcast series where I am exploring how to navigate risk from the Committee on Foreign Investment in the United States (CFIUS), sponsored by K2 Intelligence Financial Integrity Network (K2 Intelligence FIN). Over this five-part series I will visit with David Holley and Him Das the co-leads of CFIUS Advisory Practice at K2 Intelligence FIN. We will consider navigating the CFIUS process through using business intelligence to identify CFIUS threats and vulnerabilities, using a proactive approach to navigate the CFIUS process, compliance frameworks for risks under CFIUS and cyber risks and access controls under CFIUS. Today, in this concluding Episode 5, I visit with Him Das on effective monitoring and compliance officer solutions for CFIUS. Highlights include: What is a monitorship and how does this work? What will this looks like when it comes to CFIUS? What can companies prepare for in advance of being put under the eye of a monitor? Learn more about your ad choices. Visit megaphone.fm/adchoices

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#11 史上最大经济刺激政策，能拯救2020吗？

What's Next｜科技早知道

Play Episode Listen Later Mar 26, 2020 31:45

美国终于决定，要用 2 万亿来救助处在疫情威胁中的经济。不光是美国，中国以及世界其它国家也面临同样的威胁：疫情导致部分产业停滞，经济正在放缓，金融市场也因此遭到波及。我们前两期节目正是讲述了大宗商品石油，以及黄金和比特币面临的波动。所以这些刺激政策希望如何解决问题，这样的政策决策是如何做出的；这些政策又是否会又效果？是否也会有潜在的风险在等待着人类共同体？本期节目我们就请到了朱鸣岐（Vincent），纽约一位宏观经济分析师，来探讨这些问题。本期主播丁教，声动活泼联合创始人本期嘉宾朱鸣岐（Vincent），宏观经济分析师名词解释： FDI（Foreign Direct Investment），是现代的资本国际化的主要形式之一，按照国际货币基金组织的定义FDI是指：在投资人所属国以外的国家所经营的企业拥有持续利益的一种投资，其目的在于对该企业的经营管理具有发言权。 VC（Venture Capital）风险投资。 CIFUS（The Committee on Foreign Investment in the United States），美国外资投资委员会（CFIUS）是一个联邦政府委员会，由11个政府机构的首长和5个观察员组成，美国财政部长担任委员会主席。CFIUS 的代表们来自包括国防部、国务部以及国土安全部等，对可能影响美国国家安全的外商投资交易进行审查。声动活泼牧诚律所有关CIFUS的讲课视频 (http://t.cn/A6ztLatW?m=4481703739882172&u=7296676317)。 PMI（Purchasing Managers' Index），采购经理指数，是通过对采购经理的月度调查汇总出来的指数，能够反映经济的变化趋势。PMI是一套月度发布的、综合性的经济监测指标体系，分为制造业PMI、服务业PMI，也有一些国家建立了建筑业PMI。PMI指数50%为荣枯分水线。 The Takeaway：一个相对主流的共识是如果央行能够早干预的话，特别是对于失业这种情况，可以降低损失。但是像这样的发钞措施，它一定是有后果的。但大家的一个共识是，这一关要先过去，我们宁可长期带来一些债务问题，也不能让美国经济突然停止。其实在经济危机时，常见方法有降低利率，然后就是印钞票了，对比 2008 年的债率比，2009年的是 82.3%，2019年是106.9%，这其实是一个蛮危险的境地。中国二月份的 PMI 采购经理指数，已经差过了 2008 年最低的数据。 BGM Coming Into View - Josef Falkensköld Counting the Days-Cody High 往期内容 #10 频繁熔断，这次我们来谈谈大宗商品之王石油 (http://guiguzaozhidao.fireside.fm/s4e10) #9 三次熔断，我们来谈谈避险资产 (http://guiguzaozhidao.fireside.fm/s4e09) 微博：@声动活泼微信公众号：@声动活泼网站：shengfm.cn 支持/打赏我们：http://shengfm.cn/donation Special Guest: 朱鸣岐.

Navigating CFIUS Risks with Business Intelligence: Episode 4-CFIUS, Cyber Risk and Access Control

Play Episode Listen Later Mar 26, 2020 18:28

Welcome to a sponsored podcast series where I am exploring how to navigate risk from the Committee on Foreign Investment in the United States (CFIUS), sponsored by K2 Intelligence Financial Integrity Network (K2 Intelligence FIN). Over this five-part series I will visit with David Holley and Him Das the co-leads of CFIUS Advisory Practice at K2 Intelligence FIN. We will consider navigating the CFIUS process through using business intelligence to identify CFIUS threats and vulnerabilities, using a proactive approach to navigate the CFIUS process, compliance frameworks for risks under CFIUS and effective monitoring for CFIUS. Today, in Episode 4, I visit with David Holley on the CFIUS and cyber risk and access control. Highlights include: Is it just cyber security companies, or how does CFIUS weigh this risk? What steps can investors take to mitigate this in the initial processes? What does an ongoing compliance framework look like to help catalyze continued success? Learn more about your ad choices. Visit megaphone.fm/adchoices

navigating risks committee business intelligence foreign investment cyber risk access control cfius united states cfius david holley

Navigating CFIUS Risks with Business Intelligence: Part 3 -CFIUS and Compliance Frameworks for Export Control, Financial Crimes Risk and Anti-Corruption Compliance

Play Episode Listen Later Mar 25, 2020 15:34

Welcome to a sponsored podcast series where I am exploring how to navigate risk from the Committee on Foreign Investment in the United States (CFIUS), sponsored by K2 Intelligence Financial Integrity Network (K2 Intelligence FIN). Over this five-part series I will visit with David Holley and Him Das the co-leads of CFIUS Advisory Practice at K2 Intelligence FIN. We will consider navigating the CFIUS process through using business intelligence to identify CFIUS threats and vulnerabilities, using a proactive approach to navigate the CFIUS process, CFIUS and cyber risk and access control, and effective monitoring for CFIUS. Today, in Episode 3, I visit with Him Das on the CFIUS process regarding compliance frameworks for sanctions, export control, financial crimes risk and anticorruption risks. Highlights include: When it comes to sanctions and export control, what is CFIUS examining? What sectors are particularly vulnerable to new export control rules and why? How can entities leverage due diligence to mitigate these issues? Learn more about your ad choices. Visit megaphone.fm/adchoices

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Navigating CFIUS Risk with Business Intelligence: Part 2-Navigating CFIUS Through Proactive Management

Play Episode Listen Later Mar 24, 2020 19:08

Welcome to a sponsored podcast series where I am exploring how to navigate risk from the Committee on Foreign Investment in the United States (CFIUS), sponsored by K2 Intelligence Financial Integrity Network (K2 Intelligence FIN). Over this five-part series I will visit with David Holley and Him Das the co-leads of CFIUS Advisory Practice at K2 Intelligence FIN. We will consider navigating the CFIUS process through using business intelligence to identify CFIUS threats and vulnerabilities, CFIUS and compliance frameworks, CFIUS and cyber risk and access control, and effective monitoring for CFIUS. Today, in Episode 2, I visit with Him Das on navigating the CFIUS process through proactive management and compliance solutions. Highlights include: What is CFIUS looking for? How do you even begin a filing? What compliance frameworks do you need to get through the process? Learn more about your ad choices. Visit megaphone.fm/adchoices

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Navigating CFIUS Risk with Business Intelligence: Part 1-Identifying Threats and Vulnerabilities

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Play Episode Listen Later Mar 23, 2020 17:38

Welcome to a sponsored podcast series where I am exploring how to navigate risk from the Committee on Foreign Investment in the United States (CFIUS), sponsored by K2 Intelligence Financial Integrity Network (K2 Intelligence FIN). Over this five-part series I will visit with David Holley and Him Das the co-leads of CFIUS Advisory Practice at K2 Intelligence FIN. We will consider navigating the CFIUS process through proactive management, CFIUS and compliance frameworks, CFIUS and cyber risk and access control, and effective monitoring for CFIUS. Today, in Episode 1, I visit with David Holley on using business intelligence to identify threats and vulnerabilities under the CFIUS process. Highlights include: A broad overview of CFIUS What role does business intelligence play? What threats and vulnerabilities should be identified and mitigated? Learn more about your ad choices. Visit megaphone.fm/adchoices

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Silicon Valley Review S6, Ep2: Maximo’s Valuation & Investment Offer

Silicon Valley Review

Play Episode Listen Later Dec 2, 2019 14:24

In this episode, we review S6, Ep2: "Blood Money" and discuss earnouts, the Committee on Foreign Investment in the United States (CFIUS), California's female director requirement, and Maximo's valuation and investment offer.

Clinging to a Thread of Optimism

Americas - Audio

Play Episode Listen Later Nov 26, 2019 29:33

In this episode, Andrew and the Trade Guys discuss progress on the USMCA. They also dig into the latest report from the Committee on Foreign Investment in the United States (CFIUS), and what's happened with Phase II of the U.S.-China trade deal. Download the full transcript here.

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Clinging to a Thread of Optimism

The Trade Guys

Play Episode Listen Later Nov 26, 2019 29:32

In this episode, Andrew and the Trade Guys discuss progress on the USMCA. They also dig into the latest report from the Committee on Foreign Investment in the United States (CFIUS), and what's happened with Phase II of the U.S.-China trade deal.

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Foreign Investment and National Security in the Digital Age

This Does Not Compute

Play Episode Listen Later Nov 22, 2019 32:18

On this episode of The Technology Policy Podcast, Jim Lewis sits down with David Hanke, one of the intellectual architects of the Foreign Investment Risk Review Modernization Act (FIRRMA). FIRRMA strengthened and modernized the Committee on Foreign Investment in the United States (CFIUS) in order to better address the national security concerns associated with certain foreign investment transactions. They discuss Hanke's work on FIRRMA as a lead policy advisor to Sen. John Cornyn; the importance of robust foreign investment review and export control policies for the 21st century to safeguard America's innovative and technological advantages; prospects for export control reforms that cover emerging technologies; and the United States' complex and evolving relationship with China.

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Foreign Investment and National Security in the Digital Age

Cybersecurity and Technology - Audio

Play Episode Listen Later Nov 22, 2019 32:18

On this episode of The Technology Policy Podcast, Jim Lewis sits down with David Hanke, one of the intellectual architects of the Foreign Investment Risk Review Modernization Act (FIRRMA). FIRRMA strengthened and modernized the Committee on Foreign Investment in the United States (CFIUS) in order to better address the national security concerns associated with certain foreign investment transactions. They discuss Hanke’s work on FIRRMA as a lead policy advisor to Sen. John Cornyn; the importance of robust foreign investment review and export control policies for the 21st century to safeguard America's innovative and technological advantages; prospects for export control reforms that cover emerging technologies; and the United States' complex and evolving relationship with China.

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The Common Law History of Section 230 with Brent Skorup (Ep. 208)

WashingTECH Tech Policy Podcast with Joe Miller

Play Episode Listen Later Nov 4, 2019 24:40

The Common Law History of Section 230 with Brent Skorup (Ep. 208) Bio Brent Skorup (@bskorup) is a senior research fellow at the Mercatus Center at George Mason University. His research areas include transportation technology, telecommunications, aviation, and wireless policy. He serves on the FCC’s Broadband Deployment Advisory Committee and on the Texas DOT’s Connected and Autonomous Vehicle Task Force. He is also a member of the Federalist Society’s Regulatory Transparency Project. The White House, the FCC, the Pennsylvania Supreme Court, and a dissenting opinion at the Illinois Supreme Court have cited his research. In addition to economics and law journal publication, he has authored pieces for National Affairs, Reuters, The Wall Street Journal, The New York Times, Wired, Air Traffic Management magazine, Regulation magazine, and elsewhere. He’s appeared as a TV and radio interview guest for news outlets like C-SPAN, NPR, CBS News, ABC News, and CNBC Asia. Brent has a BA in economics from Wheaton College and a law degree from the George Mason University School of Law, where he was articles editor for the Civil Rights Law Journal. He was a legal clerk at the FCC’s Wireless Telecommunications Bureau and at the Energy and Commerce Committee in the U.S. House of Representatives. Before joining Mercatus, he was the Director of Research at the Information Economy Project, a law and economics university research center. Resources Mercatus Center The Erosion of Publisher Liability in American Law by Brent Skorup and Jennifer Huddleston (Mercatus Center, 2019) News Roundup Zuckerberg, Facebook under mounting pressure over political ads Facebook CEO Mark Zuckerberg is set to meet with civil rights leaders this week after his company has maintained its policy to leave up political ads containing false statements by politicians. The company has applied the policy unevenly, first allowing Donald Trump to maliciously post an ad with false information about Joe Biden; then leaving up an Elizabeth Warren ad containing false information designed to illustrate the absurdity of Facebook’s ad policy. During a hearing, Zuckerberg also admitted to Representative Alexandria Ocasio-Cortez that if she were to place a false political ad, that the company would probably leave it up. But Facebook is inexplicably removing false ads placed by Political Action Committees. One notable example is an ad placed the Really Online Lefty League – ROLL – a Political Action Committee co-founded by Adriel Hampton – which falsely claimed that Lindsey Graham supports the New Green Deal. Hampton, an experienced marketing and political strategist, responded by filing to run for governor of California. Then gubernatorial candidate Hampton posted a false political ad and Facebook took it down, saying his campaign wasn’t legit—that it was just a ploy to place a false ad to see what Facebook would do. Even though Hampton says he fully expects to win the governorship, Facebook hasn’t reinstated the ad. It’s a mess. Top officials from the NAACP, National Urban League, and the Leadership Conference on Civil Rights are scheduled to meet with Zuckerberg this week to express their concerns with Facebook’s political ad policy, which the company now says has been extended to the UK. Facebook sued for age, gender bias in financial services ads A plaintiff in San Francisco filed a potential class action federal lawsuit last week claiming that Facebook discriminates against users based on age and gender in determining who can see financial services ads. The lawsuit comes 7-months after Facebook agreed to tailor its platform to avoid discrimination on the basis of age, gender and zip code for job, credit, and housing ads. US launches Tik Tok investigation The Committee on Foreign Investment in the United States (CFIUS) has launched a national security investigation into Tik Tok, which is owned by the Chinese firm Bytedance. A bipartisan cohort of lawmakers including Democrat Chuck Schumer, Republican Marco Rubio, and Tennessee Democratic Congressman Bart Gordon have all expressed concern about how the Chinese government uses TikTok’s data. TikTok’s growth has been outpacing the growth of incumbent social media companies in the U.S. Snowden: Facebook as untrustworthy as the NSA Whistleblower Edward Snowden, who is exiled in Russia for blowing the lid off the National Security Agency’s mass data collection practices six years ago, told ReCode’s Kara Swisher last week that Facebook is as untrustworthy as the NSA when it comes to privacy. But he didn’t limit his remarks to Facebook. He said that all tech companies are looking to exploit our personal data no matter the consequences. He also said that, on the surface, users may appear not to be concerned about how big tech companies handle their data but that, in reality, users are very concerned but feel powerless. Five people shot and killed at Airbnb rental Five people were shot and killed at an Airbnb rental Northern California during a Halloween party on Thursday. The rental listing on Airbnb prohibited parties and the renter claimed it was renting the space for family members who were suffering from smoke inhalation from the fires in the Los Angeles area. A witness reported to Buzzfeed that the shooting occurred with apparently no provocation. Airbnb has banned the renter from the platform. China launches 5G network Chinese officials announced last week that it would roll out 5G to Beijing, Shanghai, Guangzhou, and Hangzhou 2 months ahead of schedule. The country also announced plans to roll out 5G to over 50 cities by the end of this year. While U.S. telecom companies have begun their 5G roll-out, it’s largely been rolled out on higher frequency bands than the 5G service that’s being rolled out in China. The lower frequency bands that China’s using cover a larger surface area, while the higher frequency bands U.S. companies are using are more powerful but cover less ground. Corey Booker introduces bill to ban facial recognition in public housing Senator Corey Booker has introduced a bill to ban facial recognition in public housing. The Senator cites the disproportionate impact that facial recognition technology threatens to have on the nation’s most vulnerable communities. The No Biometric Barriers to Housing Act targets public housing that receives funding from the Department of Housing and Urban Development. Apple pledges $2.5 billion for California affordable housing Apple announced that it will invest $2.5 billion to address California’s affordable housing shortage. Some of those funds will be applied statewide. Others will be allocated for projects in the Bay Area. Three hundred million dollars will go towards affordable housing on Apple-owned property. Following Katie Hill’s resignation, Democrats push for revenge porn law Thirty-five democrats in Congress sent a letter to the House Judiciary Committee to pass a federal revenge porn law that would criminalize the nonconsensual posting of sexually explicit images online. The letter followed Congresswoman Katie Hill’s resignation from Congress after someone posted nude images depicting her and others as well as accusations that she was having inappropriate relations with campaign and congressional staffers. Hill blames her husband, whom she is in the process of divorcing, for posting the photos. MIT president acknowledges discrimination against minorities and women on campus Finally, Massachusetts Institute of Technology president Rafael Reif acknowledged last week that women and people of color often face exclusion and belittlement on campus and that it’s something the university is trying to improve. The development follows revelations of Jeffrey Epstein’s ties to the university.

tv director california tiktok halloween donald trump china apple los angeles house technology law energy san francisco new york times research russia chinese joe biden mit united kingdom congress white house political wall street journal airbnb democrats npr housing connected bay area senators mark zuckerberg 5g beijing committee shanghai regulation wired buzzfeed northern california civil rights thirty alexandria ocasio cortez jeffrey epstein abc news reuters nsa fcc elizabeth warren hampton cbs news naacp george mason university massachusetts institute news roundup cory booker lindsey graham bytedance erosion c span urban development wheaton college house judiciary committee national security agency leadership conference guangzhou kara swisher common law section 230 recode hangzhou foreign investment federalist society mercatus center katie hill national urban league commerce committee national affairs pennsylvania supreme court american law political action committees new green deal illinois supreme court george mason university school mercatus united states cfius housing act law history cnbc asia brent skorup air traffic management regulatory transparency project adriel hampton

Managing the Risk of Tech Transfer to China

Cybersecurity and Technology - Audio

Play Episode Listen Later Oct 29, 2019 107:09

There are deep interconnections between the U.S. and Chinese economies, and China has built its technology base on what it has acquired from the West. China’s government and some Chinese companies will use any means, legal or illegal, to acquire technology. The United States’ relationship with China cannot continue unchanged, but given the interconnections, change must be managed carefully. This event will focus on how the U.S. can modernize its technology transfer policies to manage risks without damaging American innovation. Michael Brown, Director of the Defense Innovation Unit, U.S. Department of DefenseWith offices in Silicon Valley, Boston, Austin and at the Pentagon, DIU’s mission is to accelerate the adoption of commercial technology into the military and access and stimulate the national security innovation base. Previously, Michael served two years (2016-2018) as a White House Presidential Innovation Fellow at the Defense Department. He is the co-author of a Pentagon study on China’s participation in the U.S. venture ecosystem, a catalyst for the Foreign Investment Risk Review Modernization Act (FIRRMA) providing expanded jurisdiction to CFIUS. Additionally, he led the initiative for a new Defense Department-sponsored investment vehicle, National Security Innovation Capital (NSIC) to fund dual-use hardware technology companies.Eileen M. Albanese, Director, Office of National Security and Technology Transfer Controls, Bureau of Industry and Security, U.S. Department of CommerceEileen Albanese is the Director of the Office of National Security and Technology Transfer Controls (NSTIC). NSTTC is responsible within the Bureau of Industry and Security for issues related to national security export and reexport controls. Previously, Ms. Albanese served as the Director of the Office of Exporter Services (OExS). She entered the Department of Commerce in 1976 to work in the International Trade Administration on the Tokyo Round of the Multilateral Trade Negotiations. She holds a B.A. in International Affairs from the George Washington University.David Hanke, Partner, Arent Fox LLPDave’s practice centers on matters involving the Committee on Foreign Investment in the United States (CFIUS) and emerging technologies. He previously spent 12 years on Capitol Hill, serving in a variety of national security staff positions, and three years on active duty in the U.S. Army. While at the Senate Intelligence Committee, Dave was the primary staff architect of Sen. John Cornyn’s Foreign Investment Risk Review Modernization Act (FIRRMA), the most sweeping overhaul of CFIUS’s processes and jurisdiction in its 44-year existence. Thomas Feddo, Assistant Secretary for Investment Security, U.S. Department of Treasury. Mr. Feddo serves as the county’s first assistant secretary of the Treasury for investment security, overseeing national security reviews undertaken by the Committee on Foreign Investment in the United States (CFIUS). Prior to his current position, Mr. Feddo served as the U.S. Treasury Deputy Assistant Secretary for Investment Security, and as a partner at Alston & Bird working in their International Trade & Regulatory Group. Moderated by James A. Lewis, SVP and Director, CSIS Technology Policy Program This event is made possible through general support to CSIS.

Former Treasury Undersecretary Jeff Shafer: Firefighting Between Financial Crises

Policy Punchline

Play Episode Listen Later Jul 10, 2019 62:49

Jeffrey R. Shafer is the former Vice Chairman of Citi's Global Banking and Senior Asia Pacific Officer in New York where he was responsible for key Asia Pacific government and corporate client relationships. From 1993 to 1997, Shafer was Assistant Secretary and subsequently Under Secretary of the U.S. Treasury for International Affairs. At the Treasury Department, he was responsible for international economic and financial issues, focusing on strengthening economic growth and financial stability in both developed and developing countries. Shafer was also responsible for the inter-agency Committee on Foreign Investment in the United States (CFIUS) process to review foreign investment in the United States. From 1984 until 1993, he held a series of high-level positions at the Organization for Economic Cooperation and Development (OECD). Prior to the OECD, he worked at the Federal Reserve Bank of New York, the Federal Reserve Board, and the Council of Economic Advisors.

US Is Forcing a Chinese Firm to Sell Gay Dating App Grindr

WIRED Business – Spoken Edition

Play Episode Listen Later Mar 29, 2019 4:25

The US government says a Chinese gaming company's ownership of gay dating app Grindr poses a national security risk, according to a report from Reuters. Beijing Kunlun Tech acquired a 60 percent stake in Grindr in 2016 and bought the rest in 2018. But, according to Reuters, the Chinese firm didn't clear the acquisition with the agency known as the Committee on Foreign Investment in the United States (CFIUS), which evaluates the national security impacts of foreign investments in US companies.

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Federal Trade Commission v. Qualcomm Incorporated: Post-Mortem

Play Episode Listen Later Feb 15, 2019 67:18

This teleforum will investigate the potential impact of the pending decision in the FTC's controversial Section 5 lawsuit against Qualcomm, brought days before the change in administration two years ago, with the incoming acting chair writing an unusual and biting dissent. Among other things, the FTC is seeking to permanently enjoin Qualcomm from engaging in certain industry-wide patent licensing practices, which the FTC alleges impair competition in violation of the antitrust laws. However, it has been argued that the FTC’s novel theory fails to meet the burden of proof by showing actual evidence of harm, as clarified recently by the US Supreme Court in Ohio v. American Express Co. The consequences of FTC's legal theory, if upheld by the court, could reach well-beyond patent licensing arrangements. Indeed, some experts fear that changes to Qualcomm's business model will undermine U.S. national security interests and cede American leadership in the 5G race to a foreign adversary—the same concerns echoed last year by the Committee on Foreign Investment in the United States (CFIUS) when it recommended that the President permanently prohibit Broadcom from acquiring Qualcomm. Featuring: Olivier Blanchard, Senior Analyst, Futurum ResearchGeoffrey A. Manne, President and Founder, International Center for Law & Economics Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

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Federal Trade Commission v. Qualcomm Incorporated: Post-Mortem

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Play Episode Listen Later Feb 15, 2019 67:18

This teleforum will investigate the potential impact of the pending decision in the FTC's controversial Section 5 lawsuit against Qualcomm, brought days before the change in administration two years ago, with the incoming acting chair writing an unusual and biting dissent. Among other things, the FTC is seeking to permanently enjoin Qualcomm from engaging in certain industry-wide patent licensing practices, which the FTC alleges impair competition in violation of the antitrust laws. However, it has been argued that the FTC’s novel theory fails to meet the burden of proof by showing actual evidence of harm, as clarified recently by the US Supreme Court in Ohio v. American Express Co. The consequences of FTC's legal theory, if upheld by the court, could reach well-beyond patent licensing arrangements. Indeed, some experts fear that changes to Qualcomm's business model will undermine U.S. national security interests and cede American leadership in the 5G race to a foreign adversary—the same concerns echoed last year by the Committee on Foreign Investment in the United States (CFIUS) when it recommended that the President permanently prohibit Broadcom from acquiring Qualcomm. Featuring: Olivier Blanchard, Senior Analyst, Futurum ResearchGeoffrey A. Manne, President and Founder, International Center for Law & Economics Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up on our website. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

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023 Securing Foreign Investment Gets a Reboot

Insights & Intelligence

Play Episode Listen Later Jan 13, 2019 27:48

Chad Sweet, co-founder and CEO of The Chertoff Group, discusses the purpose of the Committee on Foreign Investment in the United States (CFIUS), how it works and how we can encourage foreign investment without compromising security. He highlights some changes in the law that every company doing business in the United States should know.

National Security Law & Doing Business Abroad

FedSoc Events

Play Episode Listen Later Dec 17, 2018 92:19

U.S. businesses operating in the global economy, and non-U.S. businesses operating or looking to invest in the United States, must account for an increasingly prominent national security and personal security law architecture applicable to international trade and investment. Businesses in the United States are both the world’s largest foreign direct investors, and the largest single national beneficiary of foreign direct investment from other countries. But as markets and investment opportunities have become increasingly global, protection of national security interests has become an important consideration for many governments. While the term "national security" naturally conjures up images of military and intelligence matters, the link between trade, investment, and national security has become more prominent for policymakers. Although national security reviews of foreign investment, such as the process conducted by the Committee on Foreign Investment in the United States (CFIUS), perhaps receive the most public and media attention, there are a host of other security-related concerns that must be navigated by companies operating in the global environment: requests to assist the home state government with intelligence and criminal investigations; ensuring that products and services sold outside of the U.S. are done in compliance with applicable U.S. and foreign trade sanctions and import/export licensing regimes; and maintaining data privacy/security and robust cybersecurity protections. Our panel of seasoned general counsels and national security experts will explore the intersection of private sector commerce and national security.Mr. William J. Haynes II, Former General Counsel of the Department of DefenseMr. Timothy J. Keeler, Partner, Mayer BrownProf. Randal S. Milch, Co-Chair, NYU Center for Cybersecurity; Distinguished Fellow, Center on Law and Security; Professor of Practice, New York University School of LawMr. Donald J. Rosenberg, Executive Vice President, General Counsel and Corporate Secretary, Qualcomm Inc.Moderator: Mr. Eric J. Kadel, Jr., Partner, Sullivan & Cromwell LLP

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National Security Law & Doing Business Abroad

FedSoc Events

Play Episode Listen Later Dec 17, 2018 92:19

U.S. businesses operating in the global economy, and non-U.S. businesses operating or looking to invest in the United States, must account for an increasingly prominent national security and personal security law architecture applicable to international trade and investment. Businesses in the United States are both the world’s largest foreign direct investors, and the largest single national beneficiary of foreign direct investment from other countries. But as markets and investment opportunities have become increasingly global, protection of national security interests has become an important consideration for many governments. While the term "national security" naturally conjures up images of military and intelligence matters, the link between trade, investment, and national security has become more prominent for policymakers. Although national security reviews of foreign investment, such as the process conducted by the Committee on Foreign Investment in the United States (CFIUS), perhaps receive the most public and media attention, there are a host of other security-related concerns that must be navigated by companies operating in the global environment: requests to assist the home state government with intelligence and criminal investigations; ensuring that products and services sold outside of the U.S. are done in compliance with applicable U.S. and foreign trade sanctions and import/export licensing regimes; and maintaining data privacy/security and robust cybersecurity protections. Our panel of seasoned general counsels and national security experts will explore the intersection of private sector commerce and national security.Mr. William J. Haynes II, Former General Counsel of the Department of DefenseMr. Timothy J. Keeler, Partner, Mayer BrownProf. Randal S. Milch, Co-Chair, NYU Center for Cybersecurity; Distinguished Fellow, Center on Law and Security; Professor of Practice, New York University School of LawMr. Donald J. Rosenberg, Executive Vice President, General Counsel and Corporate Secretary, Qualcomm Inc.Moderator: Mr. Eric J. Kadel, Jr., Partner, Sullivan & Cromwell LLP

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009 Stakes Are High: The Challenge of Navigating Foreign Investment

Insights & Intelligence

Play Episode Listen Later Oct 1, 2018 37:49

New legislation seeks to modernize the process by which foreign companies invest in the United States. What will this mean for companies looking to do business in the U.S.? Chad Sweet, co-founder and CEO of The Chertoff Group, discusses the ins and outs of the Committee on Foreign Investment in the United States (CFIUS) and how companies can navigate the process. He talks about cases where foreign investors have stumbled in the process, why having a CFIUS advisor every step of the way is so crucial, and what the new legislation could mean.

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Episode 6: CFIUS and FIRRMA

What Matters: A Paul Hastings Podcast

Play Episode Listen Later Aug 16, 2018 15:51

Congress recently passed and President Trump signed into law FIRRMA -- the most consequential update to the Committee on Foreign Investment in the United States (CFIUS) in 30 years. Scott Flicker, a partner in Paul Hastings’ Global Trade Controls practice discusses what might constitute a “threat to national security” or “foreign control,” what changes FIRRMA will bring to CFIUS, why they might be a good thing, and the most important action to take as not to run afoul of CFIUS when considering a cross-border transaction or foreign investment.

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Interview with Megan Stifel

Brownstein Podcast Series

Play Episode Listen Later Jun 18, 2018 51:27

In our 222nd episode of The Cyberlaw Podcast, Stewart Baker interviews Megan Stifel (@MeganStifel) regarding her white paper for Public Knowledge. Stewart and Megan are joined by Brian Egan and Gus Hurwitz (@gushurwitz) to discuss: ZTE, staggered but not dead, spurs White House-Congress fight over National Defense Authorization Act (NDAA) language, which might not actually do what was intended (see also Commerce’s denial order for ZTE). The AT&T-Time Warner merge. A Committee on Foreign Investment in the United States (CFIUS) reform bill is on the NDAA and bound for passage: what it does. The long withdrawing roar: Kaspersky, condemned by the European Union (EU), pulls out of EU projects. Chinese hackers are back to stealing competitive secrets. EU content filtering payoff to Big Copyright tells us where the regulated Internet is going – just ask Spanish soccer fans about surveillance. US sanctions cybersecurity companies with Silicon Valley footprints for helping the Russian FSB do its hacking. New privacy paper pantses privacy ideology. Apple’s new USB restricted mode … looks like it’s defeated already? Reader mail: Sigh. (Stewart’s losing the war against sigh près.) The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.

The Future of CFIUS

The Lawfare Podcast

Play Episode Listen Later Jun 2, 2018 75:08

The Committee on Foreign Investment in the United States (CFIUS) plays an essential role in advising the president on how to exercise his or her authority to block foreign investments that might let the U.S.'s adversaries acquire sensitive American technology or intellectual property. A bipartisan proposal in Congress aims to expand CFIUS's powers. On Thursday, the Center for Strategic and International Studies convened a panel of Dov Zakheim, a former Pentagon official; Ivan Schlager, Partner, Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates; Nova Daly, Senior Public Policy Adviser, Wiley Rein LLP; and CSIS Vice President James Andrew Lewis, to talk about CFIUS and how it might change under the new law.

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Government Relations Series: CFIUS

Play Episode Listen Later May 17, 2018 23:48

Brownstein attorney Travis Norton joins Strategic Advisor Mark Begich to provide an overview on the Committee on Foreign Investment in the United States (CFIUS) and how the Foreign Investment Risk Review Modernization Act (FIRRMA), currently moving through Congress, could expand the national security concerns that CFIUS is authorized to review. They also cover how CFIUS engages with export control laws, the regulatory work CFIUS will need to undertake if FIRRMA becomes law and the bipartisan concern in Congress to protect national security interests.

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Qualcomm Litigation Update

Play Episode Listen Later Mar 30, 2018 56:26

On March 5, the committee on Foreign Investment in the United States (CFIUS) raised objection to the hostile take over a bid of Qualcomm by Broadcom. Shortly there after, the administration announced that it was blocking the deal altogether. Join us for a detailed analysis of these decisions, and what they mean for U.S. national security and business.Featuring: Stewart Baker, Partner, Steptoe & Johnson LLP John Shu, Attorney and Legal Commentator Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.

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Chinese Investments in the US Face Growing Scrutiny: A Conversation with Mario Mancuso

ChinaPower

Play Episode Listen Later Mar 30, 2018 24:17

This episode focuses on the proposed changes to the Committee on Foreign Investment in the United States’ (CFIUS) review process and what that might mean for Chinese investment in the United States. Our guest, Mario Mancuso, joins us to discuss how CFIUS generally evaluates the national security risk profile of an investment. He also analyzes how Chinese transactions may be perceived against the backdrop of intensifying strategic competition between the two countries. , which aims to help buyers, sellers, and other interested parties think through the CFIUS review process.of A Dealmaker’s Guide to CFIUSMr. Mario Mancuso is a Partner at Kirkland & Ellis LLP where he leads the firm’s International Trade and National Security practice. Mr. Mancuso has formerly served as the Under Secretary of Commerce for Industry and Security and is the author

Qualcomm Litigation Update