The DATA Act and RESTRICT Act
Lawfare comments on Two New Bills the DATA Act and RESTRICT Act
According to several media reports, the Biden administration has demanded that ByteDance sell TikTok to a U.S. owner or have TikTok face a complete ban on its U.S. operations. This comes right before TikTok CEO Shou Zi Chew will testify on March 23 to the House Committee on Energy and Commerce. Meanwhile, a flurry of legislation around TikTok and non-U.S. technology companies, products, and services adds to the saga around the app.
On Feb. 24, Rep. Michael McCaul (R-Texas) introduced the Deterring America’s Technological Adversaries (DATA) Act, which would provide the president with more authorities to block transactions associated with the import or export of Americans’ “sensitive data” where there are national security risks. The bill quoted previous, public comments from FBI Director Christopher Wray, Director of National Intelligence Avril Haines, and CIA Director Bill Burns that they believe TikTok presents national security risks to the United States.
Just a few weeks later, on March 7, Sen. Mark Warner (D-Va.) and Sen. John Thune (R-S.D.), along with 10 other senators, introduced the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act. It would authorize the secretary of commerce to review and prohibit certain transactions between persons in the U.S. and foreign adversaries, focused on information and communications technologies (ICTs) that pose risks to U.S. national security—put simply, investigating tech products and services that could pose national security risks. The bill did not name TikTok specifically, but it was clearly one of the companies in mind when the bill was written: Thune’s press comments on the bill mentioned TikTok seven times, and the other co-sponsors mentioned TikTok in press comments as well. The bill could lead to restrictions on TikTok and non-U.S. technology companies, products, and services.
Crack Down on Tech From Six “Hostile” Countries
Wired comments on the Bipartisan Bill to Crack Down on Tech From Six “Hostile” Countries
US Senator Mark Warner (D-Virginia) wants the United States armed with the ability to take swift action against technology companies suspected of cavorting with foreign governments and spies, to effectively vanish their products from shelves and app stores when the threat they pose gets too big to ignore. His new bill, the Restrict Act, would give that responsibility to the US commerce secretary, charging their office with reviewing and, under certain conditions, banning technologies flagged by US intelligence as a credible threat to US national security.
TikTok’s ties to China have more or less spooked authorities in several countries, with numerous officials in the US alone claiming to have spoken directly with whistleblowers who offered tales about abuses of personal data. Today, the United Kingdom joined several other nations, including the US, in banning the app across all government devices.
The Restrict Act’s future is unknown, but it’s gathered considerable bipartisan support in Congress, and there are very few reasons for America’s tech giants to get in the way.
The Restrict Act says, let’s look at six countries that have been designated as potential adversaries—China, Russia, North Korea, Iran, Cuba, and Venezuela—and provide the commerce secretary the tools needed to mitigate, including forcing a company to sell off its assets, up to the point of banning. And I’m glad we have broad bipartisan support and, hopefully, we’ll see this bill enacted.
White House Backs Bipartisan Bill That Could Be Used to Ban TikTok
Please consider a Statement from National Security Advisor Jake Sullivan on the Introduction of the RESTRICT Act
We applaud the bipartisan group of Senators, led by Senators Warner and Thune, who today introduced the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act. This legislation would empower the United States government to prevent certain foreign governments from exploiting technology services operating in the United States in a way that poses risks to Americans’ sensitive data and our national security.
This bill presents a systematic framework for addressing technology-based threats to the security and safety of Americans. This legislation would provide the U.S. government with new mechanisms to mitigate the national security risks posed by high-risk technology businesses operating in the United States.
Congressional Zoo
TikTok CEO Shou Zi Chew testifies to the House Committee on Energy and Commerce.
Congresswoman I’m here to talk about TikTok
https://twitter.com/catcontentonly/status/1639418776989970432
This Parody Sums Up the Testimony
https://twitter.com/stanzipotenza/status/1639494211027496971
If the bill passes Congress, president Biden will sign it. Then expect a ban that may or may not have anything to do with national security.
Relations with China are already strained. Biden may choose to make a point out of China for any number of reasons.
Giving the president blanket authority to ban apps seems like a more than a bit of a slippery slope at best. Look at how Biden turned nothingness into student loan forgiveness.
Even if the bill is air tight, what is to stop Biden or Trump from banning speech they do not like for political purposes?
And the Congressional zoo speaks for itself.
This post originated on MishTalk.Com.
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Mish
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