It Has Nothing to do with TikTok

I see so many people online who are cheering on the bill that is being advertised as shutting down TikTok. If you are one of them, then you aren’t looking at the reality of what is happening. The bill is called the “Protecting Americans From Foreign Adversary Controlled Applications Act.” The name, as is usual of government sponsored laws, is misleading. Go on, read it yourself. Of course, I read it.

There is a reason why the establishment of both parties is endorsing it, and it has nothing to do with getting those kids to stop doing those annoying dances everywhere. Let’s start with who is covered by the law:

The term “covered company” means an entity that operates, directly or indirectly (including through a parent company, subsidiary, or affiliate), a website, desktop application, mobile application, or augmented or immersive technology application that—

(i) permits a user to create an account or profile to generate, share, and view text, images, videos, real-time communications, or similar content;

(ii) has more than 1,000,000 monthly active users with respect to at least 2 of the 3 months preceding the date on which a relevant determination of the President is made pursuant to paragraph (3)(B);

(iii) enables 1 or more users to generate or distribute content that can be viewed by other users of the website, desktop application, mobile application, or augmented or immersive technology application; and

(iv) enables 1 or more users to view content generated by other users of the website, desktop application, mobile application, or augmented or immersive technology application.

OK. So what can’t a covered company do?

It shall be unlawful for an entity to distribute, maintain, or update … a foreign adversary controlled application by carrying out … any of the following:

(A) Providing services to distribute, maintain, or update such foreign adversary controlled application (including any source code of such application) by means of a marketplace (including an online mobile application store) through which users within the land or maritime borders of the United States may access, maintain, or update such application.

(B) Providing internet hosting services to enable the distribution, maintenance, or updating of such foreign adversary controlled application for users within the land or maritime borders of the United States.

emphasis added

OK. So what does the law say is a prohibited foreign adversary controlled application? A application that is owned or operated by a foreign adversary. So what is a foreign adversary? It does name TikTok by name, but then goes on to say it is basically anything that the President says that it is:

a covered company that—

(i) is controlled by a foreign adversary; and

(ii) that is determined by the President to present a significant threat to the national security of the United States following the issuance of—

(I) a public notice proposing such determination; and

(II) a public report to Congress, submitted not less than 30 days before such determination, describing the specific national security concern involved and containing a classified annex and a description of what assets would need to be divested to execute a qualified divestiture.

Then the law goes on to say that if you want to challenge this law, you have to do it under the DC circuit or the DC court of appeals, and you have to do it within 165 days of it passing.

This law is squarely aimed at shutting down Twitter, or at least taking its ownership away from Elon Musk. Since Twitter (X) is the only social media platform that isn’t taking its marching orders from the FBI. We are on the cusp of seeing our media and information channels being 100% under the control of the President.