National Security Law Today

From Gaza to TikTok: Navigating the Year’s First Security Challenges


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As 2025 unfolds, the new administration faces its first major national security challenges: preserving a fragile ceasefire in the Middle East and addressing the contentious TikTok legal battle. In this week’s double episode, Elisa first speaks with Brian Egan, former Legal Adviser at the Department of State, to unpack the Gaza ceasefire, the role of international negotiations, and its potential for fostering regional stability. Next, Glenn Gerstell, former General Counsel of the NSA, returns to examine the Supreme Court opinion against TikTok, exploring how ByteDance’s refusal to divest has heightened national security concerns and why the Court’s decision could reshape data privacy laws in the U.S.

Please note, both discussions were recorded just prior to President Trump’s inauguration and may contain information that has since evolved.

Brian Egan is a partner at Skadden Arps

Glenn Gerstell is a Non-resident Senior Advisor at the Center for Strategic and International Studies (CSIS).

References:

The Algiers Accords

The Geneva Conventions

Leahy Laws Overview

Supreme Court Per Curiam Opinion on TikTok v Garland

E.O. 13942, Addressing the Threat Posed by TikTok, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain

The Pentagon Papers

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