Protecting Americans' Sensitive Data From Foreign Adversaries

Jun 11, 2021
Jun 11, 2021

Summary

Creates a process for the government to review software from foreign countries that could collect sensitive data from Americans and pose a security risk.

What problem does this solve?

Software applications from foreign adversaries can collect large amounts of personal and business data from Americans, creating a threat to national security. This order sets up a system for the government to review these apps, identify the risks, and take action to protect American data.

What does this order do?

Revokes previous executive orders on TikTok and WeChat
Cancels the executive orders from 2020 and 2021 that addressed threats from TikTok, WeChat, and other software developed or controlled by Chinese companies.
Requires reports on protecting sensitive data
Directs the Secretary of Commerce to work with other agencies to create reports recommending how to protect Americans' sensitive personal, health, and genetic data from foreign adversaries.
Establishes ongoing evaluation of software risks
Tasks the Secretary of Commerce with continuously evaluating software applications that could pose a risk to national security or critical infrastructure and to take action when needed.
Recommends new laws and executive actions
Requires the Secretary of Commerce to recommend new laws and executive actions to address risks from software applications supplied by persons controlled by a foreign adversary.

Who does this affect?

  • US citizens
  • Technology companies
  • Federal agencies

What is the real world impact?

Establishes a new framework for reviewing software threats
Replaces previous bans on specific apps with a broader, evidence-based process for the Commerce Department to evaluate security risks from any software connected to foreign adversaries.
Reverses previous administration's actions
Revokes executive orders that targeted specific apps like TikTok and WeChat, shifting from a targeted ban to a systematic review process. This could be seen as a less direct but more legally sound approach.

When does this start?

This order takes effect immediately and sets several deadlines for government agencies to complete reports and assessments.
Threat and vulnerability assessments due
Within 60 days of June 9, 2021, the Director of National Intelligence and Secretary of Homeland Security must provide assessments to the Secretary of Commerce.
Report on protecting sensitive data due
Within 120 days of June 9, 2021, the Secretary of Commerce must provide a report with recommendations to protect Americans' sensitive data.
Report on future actions due
Within 180 days of June 9, 2021, the Secretary of Commerce must provide a report recommending additional executive and legislative actions.