Prospective foreign investors in U.S. companies with sensitive data may be able to win approval by involving an independent third party.
Daniel J. Rosenthal is an Associate Managing Director in Kroll’s Investigations and Disputes practice, based in the Washington, D.C. office. He serves as an Adjunct Professor at the University of Maryland’s Honors College, where he teaches an award-winning course on national security dilemmas. Mr. Rosenthal previously served in a variety of national security positions in the Obama Administration, including as Director for Counterterrorism with the National Security Council, as Senior Counsel to the Assistant Attorney General for National Security at the Department of Justice, and as a Senior Associate General Counsel for the Director of National Intelligence.
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Despite alarmist rhetoric to the contrary, DHS's new proposal to seek information about the online presence of individuals trying to enter the United States from Visa Waiver countries is a relatively modest plan to obtain potentially valuable information through the least intrusive means possible.
Watermelons and National Security: Protecting U.S. Foreign Intelligence Collection from Unnecessary Disclosure
Despite the governement's failure to pursue the argument in court, a close reading of statute and legislative history shows that foreign intelligence collection under the Foreign Intelligence Surveillance Act is categorically exempt from disclosure under FOIA.
The US government must come together with privacy advocates and stakeholders in Silicon Valley to explore thoughtful, non-reactionary solutions to the challenge of encryption, while there is still an opportunity for rational engagement.