11 Popular Apps, Products, And Services Potentially Affected By The RESTRICT Act via @sejournal, @kristileilani

The recently-introduced bipartisan legislature may give users and lawmakers alike a bit more than they bargained for.

The Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act would allow the U.S. Department of Commerce the power to review information and communications technology (ICT) products and services used by Americans.

If an ICT product (like TikTok) with millions of U.S. users (150M, specifically) is made by an entity (ByteDance) tied to a country labeled as a foreign adversary (China) – it may fall under this 55-page bill, introduced by Sen. Mark Warner (D-VA).

But What Does The RESTRICT Act Aim To Prevent?

Fundamentally, the Act aims to stop foreign adversaries from sabotaging ICT products or services, damaging critical infrastructure, interfering with Federal elections, steering U.S. policies and regulations for foreign benefit, or posing other risks to national security or the security of U.S. persons.

As for the risks these ICT products and services might pose, the main objective of the RESTRICT Act is to presumably shield critical infrastructures (like telecom and energy, for instance) that support national defense, government, and the economy from sabotage by so-called foreign adversaries.

It could protect the U.S. from risks associated with a foreign adversary having access to the content Americans share publicly and “privately” with technology that processes, stores, retrieves, or communicates information or data electronically.

But those technologies go far and beyond the likes of, say, TikTok.

They could include risks to:

Individuals who use a smartphone (like an iPhone with Chinese components) are secured with Kaspersky (Russian ties) at hospital workstations that store patient medical data.

Individuals may have their smartphone’s microphone and cameras enabled for the Telegram messenger or Badoo dating app (used by millions and developed in Russia) while working at a bank discussing consumer financial and credit information.

Individuals at organizations rely on Lenovo, a company founded in Beijing, for government, healthcare, and large enterprise solutions that process sensitive, personal information.

Individuals who discuss legal cases from a home office using a TP-Link router, founded in China, in a home secured with Blink cameras, assembled in China.

Individuals with businesses hosted on Amazon Web Services or Rackspace services in China.

What Happens To Risky Technology Under The RESTRICT Act?

While millions of U.S. shoppers may fear a ban on their favorite Chinese fashion app, SHEIN, that’s just one potential outcome for technology reviewed under the RESTRICT Act.

It’s worth noting that countries like China, Russia, and Iran block citizens from using Facebook and Twitter based on privacy concerns, what is perceived as misinformation, and national security. India blocks TikTok for similar reasons.

The U.S. Secretary of Commerce could use the Act to pressure entities from certain countries to sell holdings in technology Americans use – much like other areas of the U.S. government trying to get ByteDance, founded in Beijing, to separate TikTok U.S. from its current Chinese parent company.

Or, the Act could put pressure on companies to update data handling processes and create transparent policies.

TikTok’s latest commitments to safety and transparency seem not to affect politicians who want it banned.

Compliance with regional law can become costly for companies with global users. Those who want to succeed must have enough resources to meet all local data laws and regulations.

Bipartisan support for the RESTRICT Act includes 25 cosponsors, the Department of Commerce, and the White House.

It follows other bills recently introduced by the House and Senate to stop China from accessing U.S. citizens’ personal sensitive information, spying via the Internet, censoring American values, influencing American politics, or training algorithmic systems with Americans’ personal data.

While national security and infrastructure stability should be top priorities, the language in the RESTRICT Act leaves Americans with concerns.

What Type Of Technology Could Be Included Under The RESTRICT Act?

Unlike its predecessors, such as the DATA Act and Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act, the RESTRICT Act’s reach goes beyond a social media app.

It could be any hardware, software, product, service, or app linked to an entity in a foreign country deemed adversarial.

That encompasses various activities: web hosting, content delivery networks, cloud-based storage, artificial intelligence and machine learning, webcams, drones, desktop and mobile applications, gaming, payments, ecommerce, marketplaces, managed services, data transmission, and more.

What Data Could Be Available To The Government During Its Review Of Foreign ICT?

Each company has guidelines concerning the circumstances under which it will offer user data to law enforcement and government agencies.

TikTok outlines guidelines while acknowledging user rights. Apple offers a 20-page document on its process. Blink adheres to Amazon policies. Badoo manages a law enforcement portal.

Given that, data made available to the U.S. during this investigation could include information, documents, and reports related to an activity under investigation. The Secretary could release information unavailable to the public or commercially available if it’s of national interest or authorized by Federal law.

Would the government punish people who try to use an app banned by the RESTRICT Act through virtual private network (VPN) or onion services?

According to a Tweet from Warner:

“This bill wouldn’t enable criminal or civil penalties against anybody – regardless of their age – just for using a VPN to access a banned app. This bill is aimed squarely at corporations, not users.”

This likely means the government would punish the VPN services allowing people to connect to the banned app.

But the wording in the RESTRICT Act’s penalties section uses the word “person” 12 times before listing civil penalties (up to $250,000) and criminal penalties (up to $1,000,000 and/or 20 years in prison)”

“It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any regulation, order, direction, mitigation measure, prohibition, or other authorization or directive issued under this Act, including any of the unlawful acts described in paragraph (2).”

Persons are defined as citizens or nationals of the U.S. or any foreign country.

The bill has eight unlawful acts (violations), one of which is as follows:

“No person may engage in any transaction or take any other action with intent to evade the provisions of this Act, or any regulation, order, direction, mitigation measure, prohibition, or other authorization or directive issued thereunder.”

In civil and criminal cases, the United States can seize any real or tangible property or proceeds related to the unlawful acts defined in the Act.

Why Does All Of This Matter?

Data privacy and security concerns affect technology companies on a global scale.

Italy’s recent ban on ChatGPT is a reminder that anyone’s favorite product could become harder and more expensive to access if a government agency decides it’s a risk.

The RESTRICT Act is one of the most viewed and tracked bills in the U.S.

Featured image: mark reinstein/Shutterstock

TikTok’s US Future Uncertain: CEO Faces Congress via @sejournal, @MattGSouthern

During a five-hour congressional hearing, TikTok CEO Shou Zi Chew faced intense scrutiny from U.S. lawmakers about the social media platform’s connections to its Chinese parent company, ByteDance.

Legislators from both sides demanded clear answers on whether TikTok spies on Americans for China.

The U.S. government has been pushing for the divestiture of TikTok and has even threatened to ban the app in the United States.

Chew found himself in a difficult position, attempting to portray TikTok as an independent company not influenced by China.

However, lawmakers remained skeptical, citing China’s opposition to the sale of TikTok as evidence of the country’s influence over the company.

The hearing was marked by a rare display of bipartisan unity, with the tone harsher than in previous congressional hearings featuring American social media executives.

The Future of TikTok In The US

With the U.S. and China at odds over TikTok’s sale, the app faces two possible outcomes in the United States.

Either TikTok gets banned, or it revisits negotiations for a technical fix to data security concerns.

Lindsay Gorman, head of technology and geopolitics at the German Marshall Fund, said, “The future of TikTok in the U.S. is definitely dimmer and more uncertain today than it was yesterday.”

TikTok has proposed measures to protect U.S. user data, but no security agreement has been reached.

Addressing Concerns About Societal Impact

Lawmakers at the hearing raised concerns about TikTok’s impact on young Americans, accusing the platform of invading privacy and harming mental health.

According to the Pew Research Center, the app is used by 67% of U.S. teenagers.

Critics argue that the app is too addictive and its algorithm can expose teens to dangerous or lethal situations.

Chew pointed to new screen time limits and content guidelines to address these concerns, but lawmakers remained unconvinced.

In Summary

The House Energy and Commerce Committee’s hearing on TikTok addressed concerns common to all social media platforms, like spreading harmful content and collecting massive user data.

Most committee members were critical of TikTok, but many avoided the typical grandstanding seen in high-profile hearings.

The hearing aimed to make a case for regulating social media and protecting children rather than focusing on the national security threat posed by the app’s connection to China.

If anything emerges from this hearing, it could be related to those regulations.

The hearing also allowed Congress to convince Americans that TikTok is a national security threat that warrants a ban.

This concern arises from the potential for the Chinese government to access the data of TikTok’s 150 million U.S. users or manipulate its recommendation algorithms to spread propaganda or disinformation.

However, limited public evidence supports these claims, making banning the app seem extreme and potentially unnecessary.

As events progress, staying informed is crucial as the outcome could impact the digital marketing landscape.

Featured Image: Rokas Tenys/Shutterstock

Full replay of congressional hearing available on YouTube.

TikTok Updated Community Guidelines To Include AI Content via @sejournal, @kristileilani

TikTok has updated its Community Guidelines, which will go into effect on April 21, 2023.

The updated guidelines introduce TikTok’s Community Principles, which guide content moderation to uphold human rights and international legal frameworks.

TikTok worked with over 100 organizations globally to strengthen its rules to address new threats and reduce potential user harm.

Key changes to Community Guidelines apply to synthetic media, tribes, and civic and election integrity.

AI-Generated Content

TikTok defines “synthetic media” as content created or modified by AI. While AI and related technologies allow creators to express themselves in many new ways, they can also blur the line between fact and fiction for viewers.

Creators must label synthetic or altered media as such to mitigate the potential risks of spreading misinformation.

To reduce potential harm, synthetic media featuring real private individuals is prohibited. Private individuals include anyone under 18 and adults who are not public figures. The use of public figures over 18 – government officials, politicians, business leaders, and celebrities – is permitted, but with restrictions.

Creators must not use synthetic media to violate policies against hate speech, sexual exploitation, and severe harassment. They must also clearly disclose synthetic media and manipulated content that depict realistic scenes with fake people, places, or events.

Public figures cannot be used in synthetic audio or video for political or commercial endorsements to mislead users about financial or political issues.

You can, however, use synthetic media in artistic and educational content.

Protection Of Tribes

TikTok policies already include rules meant to protect people and groups with specific attributes from hateful behavior, hate speech, and hateful ideologies.

With new guidelines, the platform added Tribes to the list of protected attributes, including ethnicity, gender, race, religion, and sexual orientation.

While TikTok allows critical content on public figures, as defined above, it prohibits language that harasses, humiliates, threatens, or doxxes everyone.

Users can consult resources and tools provided by TikTok to identify bullying behavior and configure their settings to prevent it from affecting them further.

Civil And Election Integrity

Noting that elections are essential to community dialogue and upholding societal values, TikTok recently emphasized its alleged efforts to encourage topical discussions while maintaining unity.

To achieve this goal, paid political promotion, advertising, and fundraising by politicians or parties are prohibited. This policy applies to traditional ads and compensated creator content.

TikTok claims to support informed civic idea exchanges to promote constructive conversations without allowing misinformation about voting processes and election outcomes. Content that includes unverified claims about election results will not be eligible to appear in the For You Feed.

Before these changes go into effect next month, moderators will receive additional training on enforcing them effectively.

Will Recent Changes Prevent More TikTok Bans?

TikTok’s refreshed Community Guidelines and explanation of Community Principles appear to attempt greater transparency and foster a safe, inclusive, and authentic environment for all users.

TikTok plans to continue investing in safety measures to encourage creativity and connection within its global community of one billion users globally.

TikTok’s latest changes to improve transparency, reduce harm, and provide higher-quality content for users may be part of efforts to prevent the app from being banned in the U.S.

This week, the House Energy and Commerce Committee will hold a full committee hearing with TikTok CEO Shou Chew on how congress can protect the data privacy of U.S. users and children from online harm.

Organizations like the Tech Oversight Project have also expressed concerns about risks that big tech companies like Amazon, Apple, Google, and Meta pose.

Featured Image: BigTunaOnline/Shutterstock