09 June 2021
President Biden signed an executive order Wednesday on ensuring the security of American user data in regard to foreign-owned apps such as TikTok, revoking and replacing three Trump-era executive orders to impose a more structured "criteria-based decision framework" for potential bans.
Driving the news: It's the latest in a series of China-related steps Biden is taking ahead of his first overseas trip to Europe, where curtailing Beijing's abuses will be a top agenda item in meetings with G7 and NATO leaders.
Details: The EO replaces three previous Trump-era EOs and directs the Department of Commerce to "instead evaluate foreign adversary connected software applications" under new rules.
- The EO outlines criteria for determining what foreign-connected apps may pose an "unacceptable risk" to U.S. national security.
- These include transactions involving apps owned or controlled by "persons that support foreign adversary military or intelligence activities, involved in malicious cyber activities ... or collect sensitive data," according to a White House fact sheet.
Why it matters: The Biden administration is continuing to outline how its tough-on-China approach will differ from Trump's, implementing aggressive policies that officials say is more aligned with American values.
- Trump's previous executive orders essentially sought to ban popular video-sharing app TikTok and messaging app WeChat from the U.S.
- The bans were temporarilyblocked in court because the national security concerns outlined by the Trump administration were too hypothetical or vague.
Between the lines: The Biden administration is seeking to develop a better process for identifying and documenting national security concerns so that potential bans on data transfers can withstand court challenges.
What they're saying: On a call with reporters, a senior administration official said the EO is meant to protect sensitive American data from collection and utilization by foreign adversaries, including China.
- A review of the ownership structure of TikTok, owned by Chinese company ByteDance, remains ongoing at the Committee on Foreign Investment in the United States, the official said, declining to share more details.
- The EO is an important part of the administration's foreign policy strategy with China and part of its agenda to work with international partners, the official said.
- The official said the White House wants to protect American user data while promoting principles of a free and open internet that safeguard human rights and the digital economy.
The bottom line: The Biden administration wants to be tough on China, but do so in its own way.
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.