US President Joe Biden has revoked the Trump administration’s ban on TikTok, WeChat, and other Chinese-owned apps and issued new ‘Executive Order on Protecting Americans’ Sensitive Data from Foreign Adversaries.’
The new Executive Order (E.O.) revokes and replaces Executive Order 13942 of August 6, 2020 (Addressing the Threat Posed by TikTok, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain); Executive Order 13943 of August 6, 2020 (Addressing the Threat Posed by WeChat, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain); and Executive Order 13971 of January 5, 2021 (Addressing the Threat Posed by Applications and Other Software Developed or Controlled by Chinese Companies).
What is the new E.O.?
As per the Fact Sheet, the new E.O. directs the Department of Commerce (DOC) to evaluate foreign adversary connected software applications under the rules published to implement E.O. 13873 and take action. The E.O. directs the use of a criteria-based decision framework and rigorous, evidence-based analysis to address the risks posed by information and communications technology and services (ICTS) transactions involving software applications that are designed, developed, manufactured, or supplied by persons that are owned or controlled by, or subject to the jurisdiction of a foreign adversary, including China, that may present an undue or unacceptable risk to the national security of the United States and the American people.
Safety of critical infrastructure and digital infrastructure
“The Biden Administration is committed to promoting an open, interoperable, reliable, and secure Internet; protecting human rights online and offline; and supporting a vibrant, global digital economy. Certain countries, including the People’s Republic of China (PRC), do not share these values and seek to leverage digital technologies and Americans’ data in ways that present unacceptable national security risks while advancing authoritarian controls and interests,” says the White House release.
By operating on the US information and communications technology devices, including personal electronic devices such as smartphones, tablets, and computers, connected software applications can access and capture vast swaths of information from users, including persons’ personal information and proprietary business information. This data collection threatens to provide foreign adversaries with access to that information. Foreign adversary access to large repositories of persons’ data also presents a significant risk.
According to the new E.O. the Secretary of Commerce will evaluate on continuing basis transactions involving connected software applications that may pose an undue risk of sabotage or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of ICTS; pose an unnecessary risk of catastrophic effects on the security or resiliency of the critical infrastructure or digital economy of the US, or otherwise pose an unacceptable risk to the national security or the security and safety of the people.
Role of DOC and other departments
The Secretary of Commerce will provide two reports to the Assistant to the President and National Security Advisor with: Recommendations to protect against harm from the unrestricted sale of, transfer of, or access to United States persons’ sensitive data; and Recommending additional executive and legislative actions to address the risk associated with connected software applications that are designed, developed, manufactured, or supplied by persons owned or controlled by, or subject to the jurisdiction or direction of, a foreign adversary.
The Director of National Intelligence will provide threat assessments, and the Secretary of Homeland Security will provide vulnerability assessments to the Secretary of Commerce to support the development of the reports.
The Secretary of Commerce will consult the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, the Director of the Office of Management and Budget, the Secretary of Health and Human Services, and the heads of other agencies.
The response
Last year, the Trump administration had released a series of orders that cited concerns over the US data that TikTok and WeChat collect from its users. Courts temporarily blocked the attempted ban, and the presidential election soon overshadowed the fight. Since then, TikTok has been looking to the US Court of Appeals for the District of Columbia Circuit to review the Trump administration’s divestment order and the government’s national security review. The amount of data TikTok and WeChat mines from its mobile phone users is on par with what other apps collect, including Facebook and Google.
The US WeChat users who prosecuted the Trump administration welcomed President Biden’s move. A ban “would have led to the unprecedented shutdown of a major platform for communications relied on by millions of people in the United States,” said Michael Bien, lead counsel for the plaintiffs. However, in a tweet, Sen. Josh Hawley (R-Mo.) called revoking the Trump bans a “major mistake,” it “shows alarming complacency” toward China’s access to Americans’ personal information and toward China’s “growing corporate influence.”
