Why the TikTok ban won't solve the US's online privacy problems
Apr 25, 2024
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Lauren Feiner, Verge senior policy reporter, discusses the TikTok ban and Congress's inaction on privacy. Topics include the TikTok ban bill, legislative tactics, implications for tech companies, state-led internet regulation, the American Privacy Rights Act, and the impact of the TikTok ban on privacy and algorithmic transparency.
The TikTok ban bill exposes Congress's historical inaction on federal privacy laws, sparking national privacy concerns.
The TikTok sale raises antitrust concerns for potential buyers like Meta and Google, while legal battles loom over data privacy stewardship.
The controversy surrounding TikTok's ban highlights the delicate balance between national security and free speech rights in legal proceedings.
Deep dives
The Significance of the TikTok Ban in the US
The podcast episode delves into the TikTok ban bill passed by Congress, which forces TikTok to sell or shut down in the US due to national security concerns related to its Chinese ownership. The swift passage of the bill through the House and Senate, signed by President Biden, highlights the political tactics employed to address the issue. The bill allows TikTok's parent company, ByteDance, to avoid a ban by selling itself to another entity, setting the stage for potential legal battles and concerns over data privacy stewardship.
Challenges in Finding a TikTok Buyer
Potential buyers for TikTok face hurdles, with major tech companies like Meta and Google likely facing antitrust concerns in acquiring the platform. Former Treasury Secretary Steven Mnuchin's interest in forming an investor group to purchase TikTok offers an alternative. Additionally, the complexity of selling TikTok's algorithm and balancing national security considerations poses a significant challenge in the sale process.
TikTok's Legal Response and First Amendment Argument
TikTok's threat to sue and raise First Amendment issues against the TikTok ban involves claims of government infringement on its and users' rights to expression. While TikTok has navigated bans in some states, the federal government's national security perspective adds complexity to legal challenges. Courts will need to balance national security concerns with potential free speech arguments in assessing the ban's legality.
Impact of TikTok Controversy on Tech Regulation Momentum
The TikTok controversy and ensuing legal battles are unlikely to significantly alter the momentum for broader tech regulation, including privacy bills. Lawmakers may view the passage of specific legislation targeting TikTok as addressing a unique case rather than impacting the broader tech policy landscape. Calls for privacy laws and algorithmic transparency regulations persist irrespective of the TikTok ban episode.
Prospects of Broader Tech Regulation Beyond TikTok
While the focus remains on the TikTok ban and potential buyer scenarios, broader tech regulation measures, such as privacy bills and algorithmic transparency laws, continue to advance slowly. Privacy legislation, like the American Privacy Rights Act, shows promise with bipartisan support and key enforcement provisions, potentially setting the stage for comprehensive privacy reform. Addressing algorithmic transparency issues may align with these efforts to regulate tech platforms more effectively.
Today, we’re talking about the brand-new TikTok ban — and how years of Congressional inaction on a federal privacy law helped lead us to this moment of apparent national panic about algorithmic social media.
This is a thorny discussion, and to help break it all down, I invited Verge senior policy reporter Lauren Feiner on the show. Lauren has been closely covering efforts to ban TikTok for years now, and she’s also watched Congress fail to pass meaningful privacy regulation for even longer. We’ll go over how we got here, what this means for both TikTok and efforts to pass new privacy legislation, and what might happen next.
Links:
Biden signs TikTok ‘ban’ bill into law — The Verge
TikTok ban: all the news on attempts to ban the video platform — The Verge