A Bull in a China Shop: How CFIUS Made TikTok a National Security Problem

Authors

Adina Feder, Benjamin N. Cardozo School of Law

Abstract

The note critiques the expansion of the Committee on Foreign Investment in the United States' (CFIUS) mandate under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), particularly its inclusion of "sensitive personal data" as a factor in national security reviews. This expansion has led to overly broad and vague definitions, resulting in unnecessary restrictions on foreign direct investment (FDI) without adequately addressing legitimate national security concerns. The note argues that data privacy issues should be addressed through separate federal privacy legislation rather than CFIUS, which is ill-suited to handle such matters. It calls for clearer definitions and a narrower scope of review to prevent stifling FDI and to maintain a balance between economic interests and national security.

Disciplines

Comparative and Foreign Law | International Law | International Trade Law | Law | Military, War, and Peace | National Security Law

Recommended Citation

Adina Feder, A Bull in a China Shop: How CFIUS Made TikTok a National Security Problem, 5 Cardozo Int’l & Compar. L. Rev. 627 (2022).
Available at: https://larc.cardozo.yu.edu/ciclr/vol5/iss2/7