Editing TikTok Ban
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The '''Protecting Americans from Foreign Adversary Controlled Applications Act'''<ref>https://www.congress.gov/bill/118th-congress/house-bill/7521</ref> passed the House of Representatives on March 13, 2024 | The '''Protecting Americans from Foreign Adversary Controlled Applications Act'''<ref>https://www.congress.gov/bill/118th-congress/house-bill/7521</ref> passed the House of Representatives on March 13, 2024. This analysis will explain in plain language what it can be made to do. | ||
==Definitions== | ==Definitions== | ||
These definitions are arranged so that a definition that relies on another definition does not appear before it, and will be in bold when used in the remainder of this analysis. | These definitions are arranged so that a definition that relies on another definition does not appear before it, and will be in bold when used in the remainder of this analysis. | ||
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A "foreign adversary country" is China, Russia, North Korea, or Iran<ref>[https://uscode.house.gov/view.xhtml?req=(title:10%20section:4872%20edition:prelim) 10 USC 4872(d)(2)]</ref>. | A "foreign adversary country" is China, Russia, North Korea, or Iran<ref>[https://uscode.house.gov/view.xhtml?req=(title:10%20section:4872%20edition:prelim) 10 USC 4872(d)(2)]</ref>. | ||
"Controlled by a foreign adversary" means | "Controlled by a foreign adversary" means residing, headquartered, having "its principal place of business in" or organized under the laws of a '''foreign adversary country''' (2(h)(1)). | ||
A "covered company" is one that operates a website, desktop or mobile app, | A "covered company" is one that operates a website, desktop or mobile app, or AR/VR app: | ||
* where you can make an account to "generate, share, and view text, images, videos, real-time communications, or similar content" (2( | * where you can make an account to "generate, share, and view text, images, videos, real-time communications, or similar content" (2(h)(2)(A)(i)) | ||
* has more than 1,000,000 active users in 2 of the 3 months before the determination | * has more than 1,000,000 active users in 2 of the 3 months before the determination is made (2(h)(2)(A)(ii)) | ||
* lets any user generate or distribute content that other users of it can see (2( | * lets any user generate or distribute content that other users of it can see (2(h)(2)(A)(iii)) | ||
* lets any user see content generated by other users (2( | * lets any user see content generated by other users (2(h)(2)(A)(iv))<br /> | ||
However, it excludes apps for product, business, and travel reviews | However, it excludes apps for product, business, and travel reviews. | ||
A "foreign adversary controlled application" is a website, desktop or mobile app, "or augmented or immersive technology application" that is run by: | A "foreign adversary controlled application" is a website, desktop or mobile app, "or augmented or immersive technology application" that is run by: | ||
* ByteDance, TikTok, any subsidiary or successor of them that is '''controlled by a foreign adversary''', or any entity owned or controlled by them (2( | * ByteDance, TikTok, any subsidiary or successor of them that is '''controlled by a foreign adversary''', or any entity owned or controlled by them (2(h)(3)(A)). | ||
* any '''covered company''' that is '''controlled by a foreign adversary''' and "is determined by the President to present a significant threat to the national security of the United States" after a public notice and a report to Congress at least 30 days before the determination (2( | * any '''covered company''' that is '''controlled by a foreign adversary''' and "is determined by the President to present a significant threat to the national security of the United States" after a public notice and a report to Congress at least 30 days before the determination (2(h)(3)(B)). | ||
A "qualified divestiture" is one which "the President determines, through an interagency process" would stop a '''foreign adversary controlled application''' from being '''controlled by a foreign adversary''' and "any operational relationship" from being established between its US operations and any of its former affiliates that remain '''controlled by a foreign adversary''', such as any "cooperation with respect to" content recommendation algorithms or data sharing (2( | A "qualified divestiture" is one which "the President determines, through an interagency process" would stop a '''foreign adversary controlled application''' from being '''controlled by a foreign adversary''' and "any operational relationship" from being established between its US operations and any of its former affiliates that remain '''controlled by a foreign adversary''', such as any "cooperation with respect to" content recommendation algorithms or data sharing (2(h)(6)). | ||
An "internet hosting service" includes VPNs, DNS, and file and cloud hosting (2( | An "internet hosting service" includes VPNs, DNS, and file and cloud hosting (2(h)(5)). | ||