August 5, 2019 | Journal Of National Security Law & Policy

Full Court Press: Preventing Foreign Adversaries from Exfiltrating National Security Technologies Through Bankruptcy Proceedings

August 5, 2019 | Journal Of National Security Law & Policy

Full Court Press: Preventing Foreign Adversaries from Exfiltrating National Security Technologies Through Bankruptcy Proceedings

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While an important part of US innovation and culture, bankruptcy proceedings have nonetheless become a unique avenue through which foreign adversaries are able to acquire sensitive US national security  technologies and intellectual property. Through a detailed analysis of the current gaps in federal regulations governing foreign investment and bankruptcy proceedings in the US, Camille Stewart provides the reader an in-depth look into exactly how foreign companies have been able to circumvent these US foreign investment regulations.

In raising awareness to an issue that could ultimately leave the United States vulnerable to destructive cyberattacks, Stewart argues that training and equipping bankruptcy judges to identify potential national security concerns in bankruptcy cases will help mitigate the exfiltration of national security-related information and technology.

Camille Stewart is an attorney working at the intersection of technology, law, and society. Her crosscutting perspective on complex technology, cyber, national security, and foreign policy issues has landed her in significant roles at leading government and private sector companies like the Department of Homeland Security and Deloitte. Camille is the former Senior Policy Advisor for Cyber, Infrastructure & Resilience Policy at the Department of Homeland Security in the Obama Administration. This paper was written as part of a program Camille is leading at the Transformative Cyber Innovation Lab (TCIL) at the Foundation for Defense of Democracies to explore sensitive technology leakage through the courts. Visit https://www.camillestewart.com/ or https://www.fdd.org/projects/transformative-cyber-innovation-lab/ for
next steps including outcomes of the pilot training for bankruptcy judges.

Issues:

China Cyber Cyber-Enabled Economic Warfare Iran Iran Sanctions Military and Political Power North Korea Sanctions and Illicit Finance