The Senate has passed legislation that would force TikTok’s China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that’s expected to face legal challenges and disrupt the lives of content creators who rely on the short-form video
I don’t really use TikTok but I really hope this gets tossed by the courts. I don’t care if ByteDance is owned by cthulus and draculas, it’s a terrible precedent to have the government ban a media company. If we don’t like China having access to data, ban apps from collecting it in the first place. Require algorithm audits. There are so many better ways to handle this than singling out TikTok.
I know that I heard (on the 538 podcast) that before voting on this, congress was given a security briefing about it, and after that there was wide bipartisan support for the ban (and we all know how rare bipartisan support is these days). It sounds like the security briefing was pretty compelling. If it's not just theoretical that Chinese gocernment could leverage tiktok to spy on Americans and influence them, and there's evidence that they are already doing it, I think it makes the case for the ban much stronger. But the information has not been made public.
I'll also note that they set the ban to not go into effect until after the election.
Data harvesting is half of the problem. I have a feeling that congress could give two shits about the data harvesting as it’s almost literally everywhere in modern society and not in the interests of donors or the nationality security apparatus to remove.
The other half is the platform and its potential (hypothetical and actual) for use in information operations. TikTok has direct access to something like 160 million American devices. That rivals other social media giants like Meta who have some government liaisons and relationships embedded in their security teams. ByteDance to my knowledge does not have these relationships. This problem could just as easily apply to any other foreign platform if any were large enough to pose threats of this scale.
Being the guy who signed the bill that threatens the existence of a platform that is super popular with young people whose vote he desperately needs during an election year. Masterful gambit, sir!
I posted this in the other thread, but I'll repost here for discussion:
Ew. I looked through the bill, and here are some parts I have issues with:
Main text
PROHIBITION OF FOREIGN ADVERSARY CON -
TROLLED APPLICATIONS .—It shall be unlawful for an entity to distribute, maintain, or update (or enable the distribution, maintenance, or updating of) a foreign adversary controlled application by carrying out, within the land or maritime borders of the United States, any of the following:
(A) Providing services to distribute, main-
tain, or update such foreign adversary con-
trolled application (including any source code of
such application) by means of a marketplace
(including an online mobile application store)
through which users within the land or maritime borders of the United States may access,
maintain, or update such application.
(B) Providing internet hosting services to
enable the distribution, maintenance, or updating of such foreign adversary controlled application for users within the land or maritime borders of the United States.
So basically, the US can block any form of software (not just social media) distributed by an adversary county for pretty much reason, and it can block any company providing access to anything from an adversary.
Definition of "controlled by a foreign adversary"
(g) DEFINITIONS .—In this section:6
(1) CONTROLLED BY A FOREIGN ADVERSARY .—
The term ‘‘controlled by a foreign adversary’’ means, with respect to a covered company or other entity, that such company or other entity is--
(A) a foreign person that is domiciled in,
is headquartered in, has its principal place of
business in, or is organized under the laws of
a foreign adversary country;
(B) an entity with respect to which a for-
eign person or combination of foreign persons
described in subparagraph (A) directly or indi-
rectly own at least a 20 percent stake; or
(C) a person subject to the direction or
control of a foreign person or entity described
in subparagraph (A) or (B).
The adversary countries are (defined in a separate US code):
N. Korea
China
Russia
Iran
So if you live in any of these or work for a company based in any of these, you're subject to the law.
foreign adversary company definition
(3) FOREIGN ADVERSARY CONTROLLED APPLI -
CATION .—The term ‘‘foreign adversary controlled
application’’ means a website, desktop application, mobile application, or augmented or immersive technology application that is operated, directly or indirectly (including through a parent company, subsidiary, or affiliate), by—
(A) any of—
(i) ByteDance, Ltd.;
(ii) TikTok;
(iii) a subsidiary of or a successor to
an entity identified in clause (i) or (ii) that
is controlled by a foreign adversary; or
(iv) an entity owned or controlled, di-
rectly or indirectly, by an entity identified
in clause (i), (ii), or (iii); or
(B) a covered company that—
(i) is controlled by a foreign adversary; and
(ii) that is determined by the President to present a significant threat to the national security of the United States following the issuance of—
It specifically calls out TikTok and ByteDance, but it also allows the President to denote any other entity in one of those countries as a significant threat.
So here are my issues:
I, as a US citizen, can't choose to distribute software produced by an adversary as noted officially by the US government - this is a limitation on my first amendment protections, and I think this applies to FOSS if the original author is from one of those countries
the barrier to what counts is relatively low - just living in an adversary country or working for a company based on an adversary country seems to don't
barrier to a "covered company" is relatively low and probably easy to manipulate - basically needs 1M active users (not even US users), which the CIA could totally generate if needed
So I think the bill is way too broad (lots of "or"s), and I'm worried it could allow the government to ban competition with US company competitors. It's not as bad as I feared, but I still think it's harmful.
WASHINGTON (AP) — The Senate passed legislation Tuesday that would force TikTok’s China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that’s expected to face legal challenges and disrupt the lives of content creators who rely on the short-form video app for income.
For years, lawmakers and administration officials have expressed concerns that Chinese authorities could force ByteDance to hand over U.S. user data, or influence Americans by suppressing or promoting certain content on TikTok.
Sen. Ron Wyden, a Democrat who voted for the legislation, said he has concerns about TikTok, but he’s also worried the bill could have negative effects on free speech, doesn’t do enough to protect consumer privacy and could potentially be abused by a future administration to violate First Amendment rights.
“At the stage that the bill is signed, we will move to the courts for a legal challenge,” Michael Beckerman, TikTok’s head of public policy for the Americas, wrote in a memo sent to employees on Saturday and obtained by The Associated Press.
Since then, TikTok has been in negotiations about its future with the secretive Committee on Foreign Investment in the United States, a little-known government agency tasked with investigating corporate deals for national security concerns.
“As I started to reflect some months ago on the stresses of the last few years and the new generation of challenges that lie ahead, I decided that the time was right to pass the baton to a new leader,” Andersen wrote in an internal memo that was obtained by the AP.
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