Yes, The US Government Threatening To Block TikTok Violates The 1st Amendment

You may have heard that the Biden administration has told TikTok that it must be divested from ByteDance or it will be banned in the US. At least that’s what TikTok said the administration has said. The end result of this might well be that ByteDance divests of TikTok, but we should be clear: the threat, and any potential block, would be a clear, blatant, dangerous violation of the 1st Amendment.

Yes, The US Government Threatening To Block TikTok Violates The 1st Amendment

Previously:

The US government is trying to force ByteDance to sell TikTok

Josh Hawley Wants In On The TikTok Moral Panic Attention, Proposes Nationwide Ban

Insurrectionist sprinter Josh Hawley has joined the growing chorus of GOP politicians who’ve spent years doing jack shit about U.S. consumer privacy abuses, and now want to pretend that banning a single app — TikTok — will protect American consumers from a problem they themselves created.

Josh Hawley Wants In On The TikTok Moral Panic Attention, Proposes Nationwide Ban

Rubio’s Bill To Ban TikTok Is A Dumb Performance That Ignores The Real Problem

For several years we’ve noted how most of the calls to ban TikTok are bad faith bullshit made by a rotating crop of characters that not only couldn’t care less about consumer privacy, but are directly responsible for the privacy oversight vacuum TikTok (and everybody else) exploits.

Rubio’s Bill To Ban TikTok Is A Dumb Performance That Ignores The Real Problem

Related:

Senate passes bill banning TikTok from government devices

State TikTok Bans Are A Dumb Performance And Don’t Fix The Actual Underlying Problem

For decades, U.S. politicians leaders utterly refused to support most meaningful privacy protections for consumers. They opposed any nationwide privacy law, however straightforward. They opposed privacy rules for broadband ISPs. They also fought tooth and nail to ensure the nation’s top privacy enforcement agency, the FTC, lacked the authority, staff, funds, or resources to actually do its job.

State TikTok Bans Are A Dumb Performance And Don’t Fix The Actual Underlying Problem

South Dakota Bans Government Employees From Using TikTok. The Countless Other Apps And Services That Hoover Up And Sell Sensitive Data Are Fine, Though

South Dakota Governor Kristi Noem put on a bit of a performance this week by announcing that the state would be banning government employees from installing TikTok on their phones. The effort, according to the Governor, is supposed to counter the national security risk of TikTok sharing consumer data with the Chinese government:

South Dakota Bans Government Employees From Using TikTok. The Countless Other Apps And Services That Hoover Up And Sell Sensitive Data Are Fine, Though

Related:

Oracle Cloud Data Center Locations

Oracle’s coziness with [US] government goes back to its founding

TikTok is such a danger, to national security, that US politicians have used it for campaigning, a tool of war propaganda, and former NATO employees work for them! Besides, TikTok stores user data with Oracle! This moral panic, over TikTok, is all about competition!

Defense Department Latest To Be Caught Hoovering Up Internet Data Via Private Contractors

Everyone’s got a hunger for data. Constitutional rights sometimes prevent those with a hunger from serving themselves. But when they’ve got third parties on top of third parties, all Fourth Amendment bets are off. Data brokers are getting rich selling government agencies the data they want at low, low prices, repackaging information gathered from other third parties into tasty packages that give US government agencies the data they want with the plausible deniability they need.

Defense Department Latest To Be Caught Hoovering Up Internet Data Via Private Contractors

Techbro Influencer Scott Galloway Heads To The Fainting Couch Over TikTok

Techbro Influencer Scott Galloway Heads To The Fainting Couch Over TikTok

This week, Galloway spent his time pushing the hot DC claim du jour: that TikTok is a profound menace to the planet and should be banned. He made the point at the Vox Code conference, then hopped over to Bill Maher’s HBO show to make a similar pronouncement:

Actual evidence of TikTok being uniquely dangerous (especially any indication China has used or could use TikTok to bedazzle U.S. children) has been sorely lacking, but that doesn’t stop folks from heading to the fainting couches. This face fanning has been especially popular among a certain set of xenophobic DC politicians, and companies that don’t want to have to directly compete with China.

The problem: the U.S. is a corrupt, xenophobic, superficial dumpster fire, so most of the “solutions” to this potential problem have been stupid and performative.

Here’s the thing: you could ban TikTok immediately, and China could hoover up location, browsing, and behavior data from an ocean of completely unaccountable and hugely shady data brokers and middlemen. And they can do that because U.S. privacy and security standards are hot garbage. And in some instances, they’re hot garbage because of the same people now complaining about TikTok.

Both Carr and Cruz have extensive histories of undermining regulatory oversight and privacy rules at absolutely every opportunity, yet both are lauded by Galloway in a blog post for being heroic leaders in the “ban TikTok” crusades. Galloway’s a top pundit, yet somehow can’t see that Carr and Cruz are engaged in a zero-calorie xenophobic theatrics, and couldn’t care less about actual consumer privacy.

For literally thirty straight years, at absolutely every single turn, we prioritized making money over transparency or consumer privacy. As a result, consumer privacy protections are garbage, regulators are toothless, governments exploit the attention economy to avoid having to get warrants, and any idiot with a nickel can easily build gigantic, hugely detailed profiles about your everyday life without your consent.

“Banning TikTok” does nothing meaningful if you’re genuinely interested in meaningful surveillance and privacy reform. There will always be another TikTok. There’s an ocean of companies engaging in the same or worse behavior as TikTok because we’ve sanctioned this kind of guardrail-optional hyper-collection and monetization of consumer behavioral data at every step of the way.

Many of the folks beating the “ban TikTok” drum may be well intentioned but just don’t really understand how broken the consumer privacy landscape is. They may not understand that this is a problem that’s exponentially more complicated than just what we do with a single app. Freaking out exclusively about a single app tells me you either don’t really understand the data-hoovering monster we’ve built, or don’t really care if anybody other than China exploits it (waves tiny American flag patriotically).

Many of the other folks calling for a TikTok ban aren’t operating in good faith. Facebook/Meta, for example, spends a lot of time spreading scary stories about TikTok in the press and DC because they want to crush a competitive threat they’ve been incapable of out-innovating. Similar, Politico’s owner is on the Netflix board and simply wants to curtail what he sees as a threat to market and advertising mindshare.

Then there’s just a ton of Silicon Valley folks who believe they inherently own and deserve the advertising market share TikTok occupies. And then of course there’s just a whole bunch of rank bigots who are mad because darker skinned human beings built a popular app, and try to hide this bigotry behind patriotic, pseudo national security concerns.

All of this converges to create a stupid, soupy mess that’s devoid of any actual fixes to any actual problems. Hyper surveillance and propaganda are very real problems that require a dizzying array of complicated fixes, including media and privacy policy reform, antitrust reform, tougher consumer protection standards, education reform, and a meaningful privacy law for the internet era.

Previously:

The NATO to TikTok Pipeline: Why is TikTok Employing So Many National Security Agents?

The White House is briefing TikTok stars about the war in Ukraine

UK uses TikTok influencers to urge teens to get jab after Pfizer-linked vaccine committee chair admits policy lacks evidence + White House enlists army of social media influencers to promote COVID-19 vaccines

Rampant Data Broker Sale Of Pregnancy Data Gets Fresh Scrutiny Post Roe

from the the-check-is-coming-due-for-apathy dept

Mon, Aug 15th 2022 06:29am – Karl Bode

For decades now, privacy advocates warned we were creating a dystopia through our rampant over-collection and monetization of consumer data. And just as often, those concerns were greeted with calls of “consumers don’t actually care about privacy” from overly confident white guys in tech.

Rampant Data Broker Sale Of Pregnancy Data Gets Fresh Scrutiny Post Roe