The Lawfare Podcast Lawfare Daily: National Security Regulation of Technology and Data Transactions
Feb 18, 2026
Justin Sherman, computer scientist and CEO of Global Cyber Strategies and author of Navigating Technology and National Security, explains U.S. regulatory efforts around technology and data transactions. He discusses tensions between risk, transparency, and innovation speed. Topics include export controls, CFIUS and data reviews, supply-chain rules, cloud KYC, bulk transfer limits, and approaches to China like de-risking.
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Need For Clear Risk Criteria
- Regulators struggle to define precise national-security risks when intervening in private tech transactions.
- Justin Sherman argues clearer risk criteria and transparency are essential to avoid overreach and uncertainty.
Huawei As Export-Control Case Study
- Sherman cites BIS guidance and the Huawei case as effective uses of export controls within a broader strategic approach.
- He notes Huawei's market share declined as export controls and allied measures reduced its global reach.
Limits Of 'Small Yard, High Walls'
- The 'small yard, high walls' idea aims to protect a narrow set of critical technologies without stifling innovation.
- Sherman says it sounded good but was poorly executed and risked sweeping in too much of the innovation ecosystem.
