Author of Be Ready for Anything and Bloom Where You’re Planted online course
Like many Generation X folks, I’ve complained long and hard about TikTok and the brainwashing effects on young people of 15-30-second intervals of entertaining social programming for hours at a time. I have also been concerned about the Chinese ownership of TikTok – is this just a giant psy-op?
So when I heard that Congress was finally getting ready to ban the app, I was curious. I do see inherent dangers with TikTok. I do believe it’s being used to both spy and brainwash our young people. But should it actually be banned? And what door does such a ban open to further restrictions on our freedom?
Of course, I soon learned this was anything but good. Just like the Patriot Act has little to do with patriotism and the National Defense Authorization Act has more to do with indefinite detention without trials than national defense, the bill to ban TikTok is about much, much more.
It’s about silencing dissent…brutally. And it will affect every single one of us.
Please note that there’s more than one bill in the works. This article is specifically about the one that is most likely to pass, a worrisome, bipartisan effort.
It’s called the Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act or the RESTRICT Act. As a blogger, I look at this and find it terrifying. As an American, I look at this and want to weep for the freedoms that our government continues to crush.
It’s up to us to act on this information and produce a public outcry that cannot be ignored. If this passes, you won’t hear about the dangers of CBDCs, where we’re sending our money instead of helping our own citizens, or the shortcomings of the banking industry. You won’t be able to get alternative information from blogs and YouTube and Twitter. Instead, your information will come from the mainstream media, and they will be a mouthpiece for the agenda of whoever is in power.
You may dislike TikTok as much as I do, but it doesn’t warrant throwing the free speech baby out with the Chinese bathwater.
Let’s take a look at this bill.
What’s the RESTRICT Act all about?
Here’s the introduction. (Emphasis is mine.)
This bill requires federal actions to identify and mitigate foreign threats to information and communications technology (ICT) products and services. It also establishes civil and criminal penalties for violations under the bill.
Specifically, the Department of Commerce must identify, deter, disrupt, prevent, prohibit, investigate, and mitigate transactions involving ICT products and services (1) in which any foreign adversary has any interest, and (2) that pose an undue or unacceptable risk to U.S. national security or the safety of U.S. persons.
Commerce may (1) designate any foreign government or regime as a foreign adversary upon a determination that the foreign government or regime is engaged in a long-term pattern or serious instances of conduct significantly adverse to U.S. national security or the security and safety of U.S. persons, and (2) remove such a designation. Commerce must notify Congress before making or removing a designation; these actions are subject to congressional disapproval.
The bill outlines (1) enforcement mechanisms, including actions by the Department of Justice; and (2) civil and criminal penalties for violations.
When you read this, it sounds like we’re ONLY preventing people outside the US from influencing people within the US, particularly for monetary gain. But pay attention because it’s not that clear-cut once you get into the text of the bill.
First, it names our “adversaries” as China, Cuba, Iran, North Korea, Russia, and Venezuela.
But it gives the government the freedom to deem anyone a national security risk and go after them with everything they’ve got. The vagueness and broadness of the language in this bill should alarm everyone who believes in the right to privacy and free speech. From Section 3:
The Secretary, in consultation with the relevant executive department and agency heads, is authorized to and shall take action to identify, deter, disrupt, prevent, prohibit, investigate, or otherwise mitigate, including by negotiating, entering into, or imposing, and enforcing any mitigation measure to address any risk arising from any covered transaction by any person, or with respect to any property, subject to the jurisdiction of the United States that the Secretary determines…
Does that sound to you like it’ll just be limited to the sneaky Chinese running TikTok or those pesky Russians?
They can access anything on the unlucky victim’s computer: video games, banking information, chats, and anything their computer has connected to, like a Ring doorbell camera or a smart appliance.
Think about how adamant the government has been about silencing voices like ours on this website. Think about how they’ve gone after the Alternative Media for years. We’ve been downgraded, demonetized, deplatformed, and demonized in the eyes of the public. All for the thoughtcrime of questioning the government. All because we don’t swallow what we’re spoonfed. All because we exercise our constitutionally protected right to freedom of speech and a free press.
How long do you think it is before we’re targeted by this bill? And then, once our computers are seized and every aspect of our digital lives is open to the prying eyes of the government, how long do you think it will be before people who consume or share this content are also targeted?
What happens to those deemed a threat?
Section 10 explains how anyone can be investigated and deemed a threat.
Section 11 addresses a lengthy list of proposed unlawful acts, many of which are too vague to really nail down, and thus could be used as a broad brush to paint nearly anyone with conflicting opinions as guilty. Any one committing one of these unlawful acts could be subject to harsh civil and criminal penalties. Civilly, they could face a fine of a quarter million dollars. Criminally, it gets far, far worse. From Section 11:
(1) IN GENERAL.—A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both.
Also, once they’re convicted, they’ll face criminal forfeiture.
(i) any property, real or personal, tangible or intangible, used or intended to be used, in any manner, to commit or facilitate the violation or attempted violation of paragraph (1); and
(ii) any property, real or personal, tangible or intangible, constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the violation.
So they could fine a person a million dollars, throw them in jail for 20 years, and take everything that they own, which may have been paid for by the proceeds of their business.
What about the Freedom of Information Act?
To ice the unconstitutional cupcake, none of this is subject to the Freedom of Information Act. If you go to Section 15, part 2:
Any information submitted to the Federal Government by a party to a covered transaction in accordance with this Act, as well as any information the Federal Government may create relating to review of the covered transaction, is exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the “Freedom of Information Act”).
Nobody will ever be able to get the information needed to help you, should you fall victim to the act. It also provides for unlimited hiring power to enforce this act, with no budget limit.
What about VPNs?
There are some claims that VPN users could be subject to 20 years in prison and a million-dollar fine, also, if they’re using this to get around the US restrictions on a banned website or app.
In the text of the bill, I cannot confirm that this is true. There’s no mention of it directly, and the closest thing I could find that even suggested that such a thing could be illegal was in section 11, where it says:
“(F) 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.”
Newsweek (take this for what it’s worth) says that VPN users need have no fear.
The ban’s criminal penalties, which include a fine up to a million dollar and/or imprisonment of up to 20 years, has caused some alarm among the bill’s observers, who have questioned whether some TikTok fanatics might face jail time for using a Virtual Private Network (VPN) to get around the ban and access the app.
But a spokesperson for Senator Mark Warner, the bill’s sponsor, told Newsweek that it would not apply to individual users.
“Under the terms of the bill, someone must be engaged in ‘sabotage or subversion’ of communications technology in the U.S., causing ‘catastrophic effects’ on U.S. critical infrastructure, or ‘interfering in, or altering the result’ of a federal election in order for criminal penalties to apply,” Warner’s communications director, Rachel Cohen, said.
“The bill is squarely aimed at companies like Kaspersky, Huawei and TikTok that create systemic risks to the United States’ national security, not individual users,” she clarified.
None of this really sets my mind at ease and the vagueness of how this is laid out is as concerning as it always is when the government gives themselves space to change the rules.
For more information, check out this thread by the Libertarian Party Mises Caucus. You can also check out the video below if you prefer an audio version of the discussion about the bill. (Start around 2:30.)
Who is sponsoring the bill?
I have been saying for years that one party really isn’t better than the other and it’s ringing true with this bipartisan piece of proposed legislature. Both sides want to take away your freedom.
The bill is sponsored by Senator Mark Walker [D-VA] and the following senators are co-sponsors. Here’s who is behind this.
- Sen. Thune, John [R-SD]
- Sen. Fischer, Deb [R-NE]
- Sen. Moran, Jerry [R-KS]
- Sen. Sullivan, Dan [R-AK]
- Sen. Collins, Susan M. [R-ME]
- Sen. Romney, Mitt [R-UT]
- Sen. Capito, Shelley Moore [R-WV]
- Sen. Cramer, Kevin [R-ND]
- Sen. Grassley, Chuck [R-IA]
- Sen. Tillis, Thomas [R-NC]
- Sen. Graham, Lindsey [R-SC]
- Sen. Crapo, Mike [R-ID]
- Sen. Boozman, John [R-AR]
- Sen. Baldwin, Tammy [D-WI]
- Sen. Manchin, Joe, III [D-WV]
- Sen. Bennet, Michael F. [D-CO]
- Sen. Gillibrand, Kirsten E. [D-NY]
- Sen. Heinrich, Martin [D-NM]
- Sen. Lujan, Ben Ray [D-NM]
- Sen. Kaine, Tim [D-VA]
- Sen. Blumenthal, Richard [D-CT]
- Sen. Hickenlooper, John W. [D-CO]
- Sen. Kelly, Mark [D-AZ]
- Sen. Welch, Peter [D-VT]
- Sen. King, Angus S., Jr. [I-ME]
As you can see, this is truly a bipartisan attempt to screw the American people.
This isn’t the only anti-TikTok bill.
Yesterday, Sen. Josh Hawley [R-AR] tried to fast-track his bill to ban TikTok, which would direct the president to use the International Emergency Economic Powers Act within 30 days to block and prohibit transactions with TikTok’s parent company ByteDance.
His effort was blocked by Senator Rand Paul [R-KY]. Paul said:
“There are two main reasons why we might not want to do this. The one would be the First Amendment to the Constitution. Speech is protected whether you like it or not. The second reason would be that the Constitution actually prohibits bills of attainder,” he said before objecting.
“This fails on two egregious points, pretty obvious points. I think we ought to think about that,” he added.
The Constitution prohibits bills of attainder, which allow the government to punish individuals or groups without a trial.
Paul suggested that proponents of banning TikTok are peddling fear and argued that domestic Big Tech companies also collect vast amounts of data from American users without much scrutiny or interference from the federal government.
“I think we should be aware of those who peddle fear. I think we should be aware of those who use fear to coax Americans to relinquish our liberties,” he said. “Every accusation of data-gathering that’s been attributed to TikTok could also be attributed to domestic Big Tech companies.”
This is not an attack on TikTok. It’s an attack on free speech.
Believe me when I tell you, this is not just to prohibit the Chinese social media giant, TikTok. It’s an out-and-out attack on free speech, particularly that of the dissenting variety. If passed, it reminds me of the Great Firewall of China. Is that really how you want the American Internet to be? Only government-approved apps and points of view would be available for your consumption?
Anyone who thinks that this is worthwhile is part of the problem. And that includes every senator who is sponsoring this bill and everyone who votes for it. We all need to reach out to the offices of our local Senators. Every single one of us needs to write, call, email, and make ourselves heard. Here’s a link provided by reader John Q to find your governmental representatives.
We need to share with everyone we know that this bill IS NOT WHAT IT SEEMS TO BE.
We have fought against censorship before. People like us were noisy and angry and we stopped the Disinformation Governance Board before it got off the ground. We have made our voices heard and taken back our power before.
We need to do it again.
And we need to do it while we still can.
What do you think?
I’d really love to hear your thoughts in the comments. What do you think of the bill? Do you find it dangerous? Do you think it’s a great idea? What can we do about it?
Let’s discuss it.
Daisy Luther is a coffee-swigging, adventure-seeking, globe-trotting blogger. She is the founder and publisher of three websites. 1) The Organic Prepper, which is about current events, preparedness, self-reliance, and the pursuit of liberty; 2) The Frugalite, a website with thrifty tips and solutions to help people get a handle on their personal finances without feeling deprived; and 3) PreppersDailyNews.com, an aggregate site where you can find links to all the most important news for those who wish to be prepared. Her work is widely republished across alternative media and she has appeared in many interviews.
Daisy is the best-selling author of 5 traditionally published books, 12 self-published books, and runs a small digital publishing company with PDF guides, printables, and courses at SelfRelianceand Survival.com You can find her on Facebook, Pinterest, Gab, MeWe, Parler, Instagram, and Twitter.
For those interested, here is the bill right on the Congressional website. https://www.congress.gov/bill/118th-congress/senate-bill/686/text
I linked to it in the article too 🙂 Thanks for sharing – I don’t want people to just take my interpretation of it as fact.
Here is a link to find your representatives contact information.
Thanks – I’ll add that!
This is nothing more than the modern-day version of the Nazi soldiers going door to door confiscating radios.
Eegads, I had no idea! At first glance I originally thought what a good idea then realized banning anything is bad. We all know how they twist it to use for their agendas.
Thanks for the info Daisy! Riddle me this, anyone who can answer…hubby & I don’t have tiktok but our adult kids do. They send us memes to our family snapchat (our kids are dispersed in other states & countries so it’s a great way to chat). If we click to open these tiktok memes, is that a way for tiktok to get access to hubby & my phones?
Sorry, this could be a really stupid question but just not sure how this tech works. 😉
Ms. Jankowicz will wind up with a job after all.
Pretty soon everyone will have to have a degree or extensive experience in Cyber to just use online banking!!! Contact your representative today.
Crap like this bill is why we must set up a parallel “everything” economy for ourselves and get out of theirs.The tyrants in the US government want to shut down dissent.They cannot stand that “We the People” have a voice.They want “We the People’s” voices silenced by any means necessary.These tyrants don’t care about the constitution of the United States of America or the Bill of Rights They only care about power.Power corrupts.Absolute power corrupts absolutely.
This article and what it entails made me remember a speech to the US. press from President John F. Kennedy that was opposed to censorship of the press during the worse days of the Cold War but rather asked members of the press to exert some form of restraint that can only come from members of the press themselves. That was fine because nobody in his or her right mind would ever want to live in a Stalinist type State.
April 27, 1961 – President John F. Kennedy’s Address ‘The President and the Press’ Waldorf Astoria
More insanity from our supposed grubbermint officials. “Alex, I will take the Bill of Rights and the Constitution and its Amendments for Eternity, please.” This is craziness on steroids. Someone let CONgress know that 1984 was a book, not a script for transforming the country.
This is adding to the current insanity. Why Rinos are convinced this is a good thing….? Do they realize this could be them suffering the consequences of their “bipartisan” bill? This absolutely gets rid of free speech and there won’t be enough places to “hold” people. Absolute craziness on steriods as a commenter said above.
RINOs are RINOs because they are dishonest. If they were honest, they would switch parties.
Repubs are just as dishonest and anti American as dems. And its not just rinos. Where are the rest of Repubs at? Why is Rand Paul the only senator speaking out? The rest are collaborators without courage.
I barely started reading the document, and it is so broadly written that it can include Apple, IBM, Dr. Fauci, Bill Gates, or anyone else at the whim of a government official. Unlike the above, it doesn’t have to be a foreign influence.
Read it for yourself.
I’m against regulating any speech. If you can’t drive a car till you’re 16, you can’t buy a handgun till 21, you can’t buy cigarettes till 18, you can’t vote till 18 can’t buy booze till 21, why can a 4 year old have access to the worldwide internet with a cell phone? I propose a law that anyone under the age of 18 can only have a cell phone that functions only as a phone and nothing more. I get that children need a phone to be in touch with their overly protective parents 24/7. Let them only use the internet at home or school under direct adult supervision. We don’t let 15 year old’s teach themselves how to drive without adult supervision, why would you let your children teach themselves about the internet?
I came to the conclusion many, many years ago, that “Our Government” is the very Government which Our Founders warned us about.
Democrats and Republicans, are just two stripes on the same stinky Skunk.
When this bill dies, more than likely without a vote, watch out for what they replace it with. The new bill will be less outrageous, but just as dangerous. That is always how they roll out the curtailment of your freedoms by legislation. Over the top head exploding crazy bill first, then the more reasonable, freedom stripping, everyone has gone back to sleep, exactly what they wanted in the first place bill next.