Democrats and Republicans alike have called for action on TikTok in light of the app’s data privacy concerns and deep ties to China. The RESTRICT Act has become the leading legislation for a potential TikTok ban, proposed by Democratic Sen. Mark Warner of Virginia and Republican Sen. John Thune of South Dakota. The bill tones down traditional Cold War-era measures, such as the Berman Amendments, in order to grant the Department of Commerce authority to identify and block any transaction from foreign adversaries like China, Iran and Venezuela.
However, the RESTRICT Act has come under fire from the ACLU and Electronic Frontier Foundation who argue that the legislation is overreaching and punitive. Additionally, some Republicans argue that this bill grants too much power to President Joe Biden.
The RESTRICT Act is not without consequences. Its implementation puts control of applications like TikTok in the president’s hands, while there’s no incentive to share the reasoning behind decisions to block/ban any app or transaction. It also remains unclear how the law would be enforced, with the risk of triggering more surveillance of the Internet. Furthermore, the bill could pave the way for criminalizing the use of VPNs in the country, which is valued by some as an invaluable tool to research abortion services or gender affirming care in states where they are prohibited.
Thus, experts agree that the current bill is not the best solution. They propose comprehensive data privacy legislation instead, which will limit how much data companies like TikTok can collect, retain and use.
Senators Mark Warner and John Thune are both significant political figures. Sen. Warner is the Vice Chair of the Senate Intelligence Committee and a prominent figure in the Democratic party. Sen. Thune is a Senator from South Dakota, and a strong proponent of the RESTRICT Act.
Meanwhile, the Electronic Frontier Foundation (EFF) is a nonprofit digital rights nonprofit with headquarters in San Francisco. The EFF defends privacy, free speech and other digital rights to improve user experiences. It also combats corporate censorship, fights against unjust digital laws and more. The ACLU is an organization that works to defend and protect the civil liberties of individuals and marginalized communities, such as immigrants, people of color and women. It seeks to promote equality and justice for all and strives to protect fundamental American values.
