What State Action Doctrine? Biden Administration Renews Push For Deal With TikTok, Where US Government Would Oversee Content Moderation On TikTok

What State Action Doctrine? Biden Administration Renews Push For Deal With TikTok, Where US Government Would Oversee Content Moderation On TikTok

For all the (mostly misleading) talk of the US government having too much say in content moderation decisions, this move would literally put US government officials effectively in control of content moderation decisions for TikTok. Apparently the thinking is “welp, it’s better than the Chinese government.” But… that doesn’t mean it’s good. Or constitutional.

Honestly, what this reads as is the moral panic over China and TikTok so eating the brains of US officials that rather than saying “hey, we should have privacy laws that block this,” they thought instead “hey, that would be cool if we could just do all the things we accuse China of doing, but where we pull the strings.”

So, look, if we’re going to talk about US government influence over content moderation choices, why aren’t we talking much more about this?

Related:

TikTok and U.S. rekindle negotiations, boosting app’s hopes for survival

CFIUS monitoring agencies, including the departments of Justice, Treasury and Defense, would have the right to access TikTok facilities at any time and overrule its policies or contracting decisions. CFIUS would also set the rules for all new company hires, including that they must be U.S. citizens, must consent to additional background checks and could be denied the job at any time.

A Draft Of TikTok’s Plan To Avoid A Ban Gives The U.S. Government Unprecedented Oversight Power

U.S. Government Seeks Extensive Oversight over TikTok

Senator Warner’s RESTRICT Act Is Designed To Create The Great Firewall Of America

from the we-become-what-we-fear dept

Thu, Mar 30th 2023 10:49am – Mike Masnick

Earlier this month, we wrote about Mark Warner’s RESTRICT Act, mainly in the context of how it appeared to be kneejerk legislating in response to the moral panic around TikTok.

Senator Warner’s RESTRICT Act Is Designed To Create The Great Firewall Of America

America with Chinese Characteristics?! /sarcasm

Bill to Ban Tik Tok Would Give Government Sweeping Powers to Crackdown on Tech

Bill to Ban Tik Tok Would Give Government Sweeping Powers to Crackdown on Tech

A person who violates the act could be fined up to $1 million or punished with up to 20 years in prison. The broad and vague definitions in the legislation caused many to wonder if people could be handed such harsh punishments for using Virtual Private Networks (VPNs) to get around future government censorship that could come as a result of the bill.

A spokesperson for Warner insisted that the legislation wasn’t designed to target individual users and pointed to the language that says someone “must be engaged in ‘sabotage or subversion’ of American communications technology products and services, creating ‘catastrophic effects’ on US critical infrastructure, or ‘interfering in, or altering the result’ of a federal election, in order to be eligible for any kind of criminal penalty.”

But the bill will give the Commerce Secretary the authority to deem what is considered “sabotage or subversion” or any of the other threats listed above. The legislation has grave implications for civil liberties and could be used against any individuals or tech and media companies the Biden administration, or any future administration would want to target.

Previously:

Tik-Tok bills could dangerously expand national security state