Matt Perault, Ramya Krishnan, and Alan Rozenshtein Talk About the TikTok Divestment and Ban Bill
Mar 22, 2024
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Experts discuss the TikTok divestment and ban bill, exploring First Amendment concerns, national security risks, and foreign platform ownership. They debate the implications of Chinese control, data privacy issues, and potential remedies. The podcast also touches on speculative risk, quality sleep, money-saving apps, and the uncertain future of the bill in the Senate.
Data privacy concerns arise from TikTok's vast user information collection and potential Chinese government access.
Proposed bill mandates 'qualified divestiture' of TikTok's Chinese ownership and sets precedent for handling foreign adversary-controlled apps.
Debates on First Amendment implications highlight concerns of prior restraint and necessity in addressing national security objectives.
Deep dives
Concerns around TikTok Ownership by ByteDance
The concerns surrounding TikTok ownership by ByteDance touch upon data privacy and its potential control by the Chinese Communist Party. Data privacy issues stem from the vast amount of user information TikTok collects and the concern that this data could be accessed by the Chinese government. Additionally, there are worries about the algorithm and content moderation decisions influenced by potential Chinese Communist Party control, affecting the information space accessed by Americans, especially younger users who rely on TikTok for news.
Proposed Legislative Bill for TikTok Divestment and Ban
The proposed bill requires TikTok's Chinese owner, ByteDance, to sell the app or face a ban, with discretionary power given to the president to force divestiture of other foreign adversary-controlled applications. The bill mandates a 'qualified divestiture' transaction to remove ties with foreign adversaries, creating a structure for app distribution based on this condition. The legislation presents a process for designating foreign adversary-controlled companies and potential bans on related apps.
Scrutiny under First Amendment Analysis
Debates unfold around the First Amendment implications of a potential TikTok ban or divestment, with concerns raised about prior restraint on communication platforms. The bill's content-based purpose to protect Americans from foreign disinformation triggers the need for stringent scrutiny, considering potential impacts on free expression rights. Questions arise on whether the ban or divestment is narrowly tailored and the least restrictive means to achieve national security objectives amid viewpoints on lawful and practicality aspects.
Critique on Policy and Potential Consequences
A policy critique surfaces regarding the bill's concentrated focus on TikTok, presenting a grave concern over broad restrictions and potential authoritarian regime emulation. Criticisms extend towards granting vast authority to ban or divest popular communication platforms without evidence-based justification, implicating free expression concerns. The bill's singular targeting of TikTok draws apprehension about perceived threats to privacy and propaganda, highlighting the need for broader regulatory considerations.
Future Outlook and Senate's Decision Impact
The bill's trajectory in the Senate remains uncertain, with observations pointing to potential stalling or amendments during the legislative process. Signals of committee referral under Senator Schumer increase skepticism regarding the bill's fate. Diverse Senate perspectives may sway outcomes, raising anticipation for amendments and shifts in bill support. The bill's disposition in the Senate and political dynamics may influence the likelihood of enforcement or alteration, shaping future discussions on TikTok's ownership and access within the national security context.
Today, we’re bringing you an episode of Arbiters of Truth, our series on the information ecosystem.
Last week the House of Representatives overwhelmingly passed a bill that would require ByteDance, the Chinese company that owns the popular social media app TikTok, to divest its ownership in the platform or face TikTok being banned in the United States. Although prospects for the bill in the Senate remain uncertain, President Biden has said he will sign the bill if it comes to his desk, and this is the most serious attempt yet to ban the controversial social media app.
Today's podcast is the latest in a series of conversations we've had about TikTok. Matt Perault, the Director of the Center on Technology Policy at the University of North Carolina at Chapel Hill, led a conversation with Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, and Ramya Krishnan, a Senior Staff Attorney at the Knight First Amendment Institute at Columbia University. They talked about the First Amendment implications of a TikTok ban, whether it's a good idea as a policy matter, and how we should think about foreign ownership of platforms more generally.
Disclaimer: Matt's center receives funding from foundations and tech companies, including funding from TikTok.
