Action Alert
Congress is debating legislation that would empower the Commerce Department to limit use of the social media platform TikTok, as well as other technologies, under the guise of protecting our data from foreign adversaries. But TikTok isn’t the only company collecting massive amounts of our detailed personal data. Every major social media company profits from making our private information available to data brokers, not to mention thieves, U.S. government agencies, and potentially even foreign adversaries.
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The fallout from the RESTRICT Act will be massive. Due to the lack of limits in the bill’s “mitigation measures” and its vague enforcement provision, it could criminalize common practices like using a VPN to get a prohibited app, sideloading software, or using an app that was lawfully downloaded outside the U.S. The law could result in crushing penalties, including prison time, for anyone who would evade its restrictions.
Congress should use this opportunity to pass comprehensive data privacy legislation that will protect our data no matter where it is—TikTok, Instagram, Facebook, Twitter, and every other platform.
All the big social media platforms harvest and monetize our personal data and incentivize other online businesses to do the same. TikTok raises special concerns, given the surveillance and censorship practices of its home country, China.
The government has not justified silencing the speech of Americans who use TikTok. It has not met the high constitutional bar for undermining the free speech and association rights of millions of people.
Real, comprehensive privacy legislation that reins in privacy violations across the internet would solve the data privacy concerns with TikTok and fill the gaping legal hole that makes it easy for any social media platforms to vacuum up our private information. Tell Congress to solve the data privacy problems once and for all.
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Yours,
Jason Kelley
EFF Activism Team
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