Published by The Lawfare Institute
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- First, the order requires the blocking of property for any person (either an individual or entity) that does significant cyber damage to critical infrastructure;
- It also blocks the property of anyone using cyber capabilities to cause "a significant misappropriation of funds or economic resources, trade secrets, personal identifiers, or financial information for commercial or competitive advantage or private financial gain."
- Notably, these two provisions, working together, would seem to NOT directly address the Sony hack, as Sony would not be critical infrastructure; nor was the hack for competitive advantage or private gain ... or at least it would seem not to be so;
- Second, the order also blocks property of those found to "be responsible for or complicit in, or to have engaged in, the receipt or use for commercial or competitive advantage or private financial gain, or by a commercial entity, outside the United States of trade secrets misappropriated through cyber-enabled means."
- This portion of the order, if seriously implemented, would have huge implications -- it, in effect is an order to freeze the assets of any foreign (i.e. Chinese) company found here in the US that uses stolen American intellectual property for commercial advantage. Taken to its logical conclusion, we might see the seizure of Alibaba's new data center in Silicon Valley.
- Third, the order uses immigration authority to restrict the entry into the United States of any individual engaged in or having contributed to the malicious cyber attack. Again, if used aggressively this could have far reaching implications for many foreign executives who will no longer be able to travel to the US.