TikTok’s Legal Challenges: National Security, Data, and Foreign Influence with Glenn Gerstell

National Security Law Today

TikTok’s growing influence and its connections to national security remain hot topics in Washington. This week, Elisa sits down with Glenn Gerstell, former General Counsel of the National Security Agency, to examine the legal battles surrounding TikTok, including a recent D.C. Circuit Court ruling. Together, they unpack the implications of foreign adversary laws, ByteDance’s defense strategies, and how platforms like TikTok could be weaponized for influence operations—from Romania’s elections to emerging AI developments.

Glenn Gerstell served as the general counsel of the National Security Agency, and is a current Non-resident Senior Advisor with the International Security Program at the Center for Strategic and International Studies (CSIS).

References:

CNN: Federal appeals court declines to temporarily block ban on TikTok, teeing up showdown at SCOTUS over controversial law. Dec. 13, 2024

E.O. 13873, Securing the Information and Communications Technology and Services Supply Chain

H.R. 7520, Protecting American's Data from Foreign Adversaries Act of 2024

TikTok Inc. and ByteDance LTD. v Merrick B Garland

H.R.815, Making emergency supplemental appropriations for the fiscal year ending September 30, 2024, and for other purposes.

Moody v. NetChoice, LLC

E.O. 14034, Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern

The Foreign Agents Registration Act (FARA)