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Merrick B. Garland, et al., National Security Threat, Washington D.C., 2024

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DOJ Cracks Down on National Security Threats

The Justice Department has announced plans to implement a groundbreaking Executive Order aimed at addressing the extraordinary and unusual national security threat posed by the continued effort of certain countries of concern to access Americans’ bulk sensitive personal data and certain U.S. Government-related data.

According to the Executive Order, entitled “Preventing Access to Americans’ Bulk Sensitive Personal Data and U.S. Government-Related Data by Countries of Concern,” the Justice Department will establish, implement and administer new and targeted national-security programming to address this threat.

“Our adversaries are exploiting Americans’ sensitive personal data to threaten our national security,” said Attorney General Merrick B. Garland. “They are purchasing this data to use to blackmail and surveil individuals, target those they view as dissidents here in the United States, and engage in other malicious activities.

Deputy Attorney General Lisa Monaco added, “Today, we make clear that American citizens’ sensitive and personal data is not for sale to our adversaries. The Justice Department has long focused on preventing threat actors from stealing data through the proverbial back door. This executive order shuts the front door by denying countries of concern access to Americans’ most sensitive personal data.”

Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division stated, “Hostile foreign powers are weaponizing bulk data to target Americans. Today’s announcement fills a key gap in our national security authorities, affording the Justice Department a new and powerful enforcement tool to protect Americans and their most sensitive information from being exploited by our adversaries.

In addition to this new program, the E.O. will take other steps to enhance the Justice Department’s existing authorities to address data-security risks, including with respect to telecommunications infrastructure, the health care market, and consumer protection.

The Justice Department’s National Security Division will implement its provisions on behalf of the Attorney General, and contemplates identifying China, Russia, Iran, North Korea, Cuba, and Venezuela as countries of concern under this program.

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