Document Type
Article
Publication Date
Summer 2024
DOI
https://doi.org/10.58112/uplr.172-7.7
Abstract
This Article reveals a surprising expansion of presidential authority to control goods and services available in the United States because of the information flows that they entail. Such authority is grounded in laws focused on protecting national security, here with respect to foreign surveillance and propaganda. But broad executive powers over our information infrastructure raises significant concerns with respect to core American values of free expression and due process. Worries about unfettered foreign access to data should be coupled with worries about unfettered executive control over our information services and technologies.
Publication Citation
University of Pennsylvania Law Review, Vol. 172, Issue 7, Pp. 1989-2052.
Scholarly Commons Citation
Chander, Anupam and Schwartz, Paul M., "The President’s Foreign Affairs Power Over Personal Data" (2024). Georgetown Law Faculty Publications and Other Works. 2625.
https://scholarship.law.georgetown.edu/facpub/2625
Included in
Consumer Protection Law Commons, Intellectual Property Law Commons, International Trade Law Commons, Law and Economics Commons, President/Executive Department Commons