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Fix TikTok? Or Nix It? The Authoritarian RESTRICT Act

08 Saturday Apr 2023

Posted by Nuetzel in anti-Semitism, Big Government, Liberty, Technology

≈ 1 Comment

Tags

AI, Artificial Intelligence, Attention Span, ByteDance, CATO Institute, Caveat Emptor, ChatGPT, Community Standards, Data Privacy, Elon Musk, First Amendment, Free Speech, Hate Speech, L. Frank Baum, Munger Test, National Security, Open Source, PATRIOT Act, People’s Republic of China, Philip Hamburger, Protectionism, RESTRICT Act, Scott Lincicome, Separation of Powers, The Land of Oz, TikTok, Twitter

There’s justifiable controversy surrounding TikTok, the social media app. I find much to dislike about TikTok but also much to dislike about the solutions some have proposed, such as a complete ban on the app in the United States. Such proposals would grant the federal executive branch powers that most of us wouldn’t grant to our worst enemy (i.e., they fail the “Munger test”).

Congressional Activity

The proposed RESTRICT Act (Restricting the Emergence of Security Threats that Risk Information and Communications Technology) is a bipartisan effort to eliminate the perceived threats to national security posed by technologies like TikTok. That would include a ban on the app. Proponents of a ban go further than national security concerns, arguing that TikTok represents a threat to the health and productivity of users. However, an outright ban on the app would be a drastic abridgment of free speech rights, and it would limit Americans’ access to a popular platform for creativity and entertainment. In addition, the proposed legislation would authorize intrusions into the privacy of Americans and extend new executive authority into the private sphere, such as tampering with trade and commerce in ways that could facilitate protectionist actions. In fact, so intrusive is the RESTRICT Act that it’s been called a “Patriot Act for the digital age.” From Scott Lincicome and several coauthors at CATO:

“… the proposal—at least as currently written—raises troubling and far‐reaching concerns for the First Amendment, international commerce, technology, privacy, and separation of powers.”

Bad Company

TikTok is owned by a Chinese company, ByteDance, and there is understandable concern about the app’s data collection practices and the potential for the Chinese government to access user data for nefarious purposes. The Trump administration cited these concerns when it attempted to ban TikTok in 2020, and while the ban was ultimately blocked by a federal judge, the Biden administration has also expressed concerns about the app’s data security.

TikTok has also been accused of promoting harmful content, including hate speech, misinformation, and sexually explicit material. Critics argue that the app’s algorithm rewards provocative and controversial content, which can lead to the spread of harmful messages and the normalization of inappropriate behavior. Of course, those are largely value judgements, including labels like “provocative”, “inappropriate”, and many interpretations of content as “hate speech”. With narrow exceptions, such content is protected under the First Amendment.

Unlike L. Frank Baum’s Tik-Tok machine in the land of Oz, the TikTok app might not always qualify as a “faithful servant”. There are some well-founded health and performance concerns related to TikTok, however. Some experts have expressed reservations about the effects of the app on attention span. The short-form videos typical of TikTok, and endless scrolling, suggest that the app is designed to be addictive, though I’m not aware of studies that purport to prove its “addictive nature. Of course, it can easily become a time sink for users, but so can almost all social media platforms. Nevertheless, some experts contend that heavy use of TikTok may lead to a decrease in attention span and an increase in distraction, which can have negative implications for productivity, learning, and mental health.

Bad Government

The RESTRICT Act, or a ban on TikTok, would drastically violate free speech rights and limit Americans’ access to a popular platform for creativity and self-expression. TikTok has become a cultural phenomenon, with millions of users creating and sharing content on the app every day. This is particularly true of more youthful individuals, who are less likely to be persuaded by their elders’ claims that the content available on TikTok is “inappropriate”. And they’re right! At the very least, “appropriateness” depends on an individual’s age, and it is generally not an area over which government should have censorship authority, “community standards” arguments notwithstanding. Furthermore, allowing access for children is a responsibility best left in the hands of parents, not government.

Likewise, businesses should be free to operate without undue interference from government. The RESTRICT Act would violate these principles, as it would limit individual choice and potentially harm innovation within the U.S. tech industry.

A less compelling argument against banning TikTok is that it could harm U.S.-China relations and have broader economic consequences. China has already warned that a TikTok ban could prompt retaliation, and such a move could escalate tensions between the two countries. That’s all true to one degree or another, but China has already demonstrated a willingness and intention to harm U.S.-China relations. As for economic repercussions, do business with China at your own risk. According to this piece, U.S. investment in the PRC’s tech industry has fallen by almost 80% since 2018, so the private sector is already taking strong steps to reduce that risk.

Like it or not, however, many software companies are subject to at least partial Chinese jurisdiction. The means the RESTRICT Act would do far more than simply banning TikTok in the U.S. First, it would subject on-line activity to much greater scrutiny. Second, it would threaten users of a variety of information or communications products and services with severe penalties for speech deemed to be “unsafe”. According to Columbia Law Professor Philip Hamburger:

“Under the proposed statute, the commerce secretary could therefore take ‘any mitigation measure to address any risk’ arising from the use of the relevant communications products or services, if the secretary determines there is an ‘undue or unacceptable risk to the national security of the United States or the safety of United States persons.’

We live in an era in which dissenting speech is said to be violence. In recent years, the Federal Bureau of Investigation has classified concerned parents and conservative Catholics as violent extremists. So when the TikTok bill authorizes the commerce secretary to mitigate communications risks to ‘national security’ or ‘safety,’ that means she can demand censorship.”

A Lighter Touch

The RESTRICT Act is unreasonably broad and intrusive and an outright ban of TikTok is unnecessarily extreme. There are less draconian alternatives, though all may involve some degree of intrusion. For example, TikTok could be compelled to allow users to opt out of certain types of data collection, and to allow independent audits of its data handling practices. TikTok could also be required to store user data within the U.S. or in other countries that have strong data privacy laws. While this option would represent stronger regulation of TikTok, it could also be construed as strengthening the property rights of users.

To address concerns about TikTok’s ownership by a Chinese company, its U.S. operations could be required to partner with a U.S. company. Perhaps this could satisfied by allowing a U.S. company to acquire a stake in TikTok, or by having TikTok spin off its U.S. operations into a separate company that is majority-owned by a U.S. entity.

Finally, perhaps political or regulatory pressure could persuade TikTok to switch to using open-source software, as Elon Musk has done with Twitter. Then, independent developers would have the ability to audit code and identify security vulnerabilities or suspicious data handling practices. From there, it’s a matter of caveat emptor.

Restrain the Restrictive Impulse

The TikTok debate raises important questions about the role of government in regulating technology and free speech. Rather than impulsively harsh legislation like the RESTRICT Act or an outright ban on TikTok, an enlightened approach would encourage transparency and competition in the tech industry. That, in turn, could help address concerns about data security and promote innovation. Additionally, individuals should take personal responsibility for their use of technology by being mindful of the content they consume and what they reveal about themselves on social media. That includes parental responsibility and supervision of the use of social media by children. Ultimately, the TikTok debate highlights tensions between national security, technological innovation, and individual liberty. and it’s important to find a balance that protects all three.

Note: The first draft of this post was written by ChatGPT, based on an initial prompt and sequential follow-ups. It was intended as an experiment in preparation for a future post on artificial intelligence (AI). While several vestiges of the first draft remain, what appears above bears little resemblance to what ChatGPT produced. There were many deletions, rewrites, and supplements in arriving at the final draft.

My first impression of the ChatGPT output was favorable. It delineated a few of the major issues surrounding a TikTok ban, but later I was struck by its repetition of bland generalities and its lack of information on more recent developments like the RESTRICT Act. The latter shortfall was probably due to my use of ChatGPT 3.5 rather than 4.0. On the whole, the exercise was fascinating, but I will limit my use of AI tools like ChatGPT to investigation of background on certain questions.

Trump Versus the Holocaust Trivializers

13 Monday Mar 2017

Posted by Nuetzel in anti-Semitism, Identity Politics

≈ Leave a comment

Tags

A Tale of Three Cities, Adolf Hitler, Anti-Defamation League, anti-Semitism, Anti-Zionism, City Journal, David Bernstein, Donald Trump, Fake Hate Crime, Fiddler On the Roof, George Mason University, Godwin's Law, Holocaust, Jewish Community Centers, Jewish Journal, Kevin Williamson, Rob Eshman, Shylock, Stefan Kanfer, Steve Bannon, Volokh Conspiracy, Washington Post

trump-tallit

George Mason University Law Professor David Bernstein observed this week that many in the American Jewish community are panicked by Donald Trump’s election because they perceive Trump and his followers as anti-Semitic. That perception was seemingly reinforced by recent anti-Semitic acts, such as bomb threats at Jewish Community Centers and the desecration of graves at Jewish cemeteries in St. Louis, MO and Philadelphia, PA. Bernstein, who is Jewish and not a Trump supporter, wrote a piece entitled “The Great Anti-Semitism Panic of 2017“, which appeared in the Volokh Conspiracy blog sponsored by the Washington Post.

Like Bernstein, I’ve seen a number of indignant posts by Jewish friends connecting Trump and anti-Semitism, complete with comparisons to Adolf Hitler. My quick reaction is that such comparisons are not only irresponsible, they are idiotic. The ghastly implication is that Trump might entertain the idea of exterminating Jews, or any other opposition group, and it is complete nonsense.

Taking a step back, perhaps all this is related to Trump’s nationalism and his views on border security. That includes “extreme vetting” of refugees, deportation of illegal immigrants, and even the dubious argument for a border wall. While that’s not about Jews, those policies appeal to certain fringe, racist elements on the extreme right where anti-Semitism is commonplace. However, those policies also appeal to a much broader and diverse audience of voters who harbor anxieties about economic and national security, and who are neither racists nor anti-Semites.

Bernstein takes progressive Jews to task for tying any of this to anti-Semitism on the part of Trump, his Administration, or his broader base of support:

“…  the origins of the fear bear only a tangential relationship to the actual Trump campaign. For example, I’ve lost track of how many times Jewish friends and acquaintances in my Facebook feed have asserted, as a matter of settled fact, that Bannon’s website Breitbart News is a white-supremacist, anti-Semitic site. I took the liberty of searching for every article published at Breitbart that has the words Jew, Jewish, Israel or anti-Semitism in it, and can vouch for the fact that the website is not only not anti-Semitic, but often criticizes anti-Semitism (though it is quite ideologically selective in which types of anti-Semitism it chooses to focus on). I’ve invited Bannon’s Facebook critics to actually look at Breitbart and do a similar search on the site, and each has declined, generally suggesting that it would be beneath them to look at such a site, when they already know it’s anti-Semitic.

There is .. a general sense among Jews, at least liberal Jews, that Trump’s supporters are significantly more anti-Semitic than the public at large. I have many times asked for empirical evidence that supports this proposition, and have so far come up empty. I don’t rule out the possibility that it’s true, but there doesn’t seem to be any survey or other evidence supporting it. Given that American subgroups with the highest proportions of anti-Semites — African Americans, first-generation Hispanic immigrants, Muslims and high school dropouts — are strong Democratic constituencies (though the latter group appears to have gone narrowly for Trump this time), one certainly can’t simply presume that Trump has a disproportionate number of anti-Semitic supporters.“

Bernstein goes on to discuss the hostility to Trump from groups like the Anti-Defamation League (ADL), hostility which he characterizes as essentially opportunistic:

“The ADL’s reticent donors are no longer reticent in the age of Trump, with the media reporting that donations have been pouring in since Trump’s victory. It’s therefore hardly in the ADL’s interest to objectively assess the threat from Trump and his supporters. Indeed, I’m almost impressed that an ADL official managed just the other day to link the JCC bomb threats to emboldened white supremacists, even though the only suspect caught so far is an African American leftist.“

He also notes the irony that progressive Jews have been shunned by many leftists, who almost uniformly condemn Zionism. Now, progressive Jews hope to renew common cause with those whose political purposes are defined by membership in groups with a history of marginalized treatment, and who now believe they are threatened by Trump. Will they be happy together? Bernstein attests that many Jews privately acknowledge the danger of “changing demographics”:

“… which is a euphemism for a growing population of Arab migrants to the United States. Anti-Semitism is rife in the Arab world, with over 80 percent of the public holding strongly anti-Semitic views in many countries.“

As a non-Jew, some would say I lack the bona fides to comment on how Jews “should” feel about Donald Trump. I was raised Catholic, but I attended a high school at which over 60% of the student population was Jewish. I was a member of a traditionally Jewish fraternity in college, where I witnessed occasional anti-Semitism from certain members of non-Jewish fraternities, and I felt victimized by it to some degree. My late brother married a Jewish woman, and he was buried according to Jewish custom. I was once stunned by a brief anti-Semitic wisecrack I overheard in the restroom at a community theatre production of the great musical Fiddler On the Roof!

So, I am connected and strongly sympathetic to the Jewish community. I am also well acquainted with white Gentiles who have had much less interaction with Jews. Those individuals span the political spectrum, and there is no doubt that racists and anti-Semites reside at both ends. I will state unequivocally that among this population, I have observed as much racism and denigration of Jews from the left as from the right. It partly reflects anti-Zionism, but there have been leftists in my acquaintance who seem to regard Jews as Shylockian, as greedy moneychangers and crooked lawyers, or as “hopelessly bourgeois”. Jews should not be blind to the hatred that still exists for them in certain quarters on the left, even if it’s easier to pretend that right-wing religious nuts are their only enemies.

Bernstein’s column was met with outrage by some Jewish progressives. In the Jewish Journal, Rob Eshman accused Bernstein of making apologies for Trumpian anti-Semitic behavior. Here is Bernstein’s response, in which he castigates Eshman for distorting both his thesis and the reaction of the Jewish community to Trump. He also notes that Eshman assigns guilt for the recent spate of anti-Semitic acts to Trump supporters where no evidence exists. That implication is a constant refrain from certain Jewish friends on my Facebook news feed. But there is ample evidence of “fake” hate crimes by progressives, as documented last week by Kevin Williamson.

Finally, it is hard to square the idea that Trump and his leadership team (which includes his Jewish son-in-law) are anti-Semitic with other evidence, such as the unequivocal support they have pledged to Israel, and their hard stand on vetting refugees from nations that are avowed enemies of the Jewish people. Yes, Bernstein is well aware of the anti-Semitic, fringe-right elements that have supported Trump, but those are not the sentiments of anyone serving in the administration, including Steve Bannon. The left has become quite blithe about observing Godwin’s Law, which states that all political opponents will eventually be called out as Nazis. Progressive Jews have taken the cue without much thought: the frequent comparisons of Donald Trump to Hitler are awful and are not compatible with healthy discourse. As Stefan Kanfer writes in City Journal in his review of the book “A Tale of Three Cities” (my emphasis added):

“… those who persist in comparing Adolf Hitler with any U.S. politician reveal themselves as members of a group just to the side of the Holocaust denier—the Holocaust trivializer. There are no lower categories.“

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