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

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:

Federal appeals court declines to temporarily block ban on TikTok, teeing up showdown at SCOTUS over controversial law | CNN Business

Federal Register :: Securing the Information and Communications Technology and Services Supply Chain

Text - H.R.7520 - 118th Congress (2023-2024): Protecting Americans’ Data from Foreign Adversaries Act of 2024 | Congress.gov | Library of Congress

20241216144658388_TikTok Inc. v. Garland - SCOTUS Application for Injunction.pdf

H.R.815 - 118th Congress (2023-2024): Making emergency supplemental appropriations for the fiscal year ending September 30, 2024, and for other purposes. | Congress.gov | Library of Congress

22-277 Moody v. NetChoice, LLC (07/01/2024)

Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern | The White House

Foreign Agents Registration Act | Foreign Agents Registration Act