The bill has drawn criticism from both left and right, and privacy experts say it legalizes unprecedented surveillance.
Noting that the Restrict Act doesn’t require the executive branch to justify its restrictions on expressive technologies like TikTok, and limits lawsuit challenges to those restrictions, EFF condemned the bill’s potential threats to free speech.
In an email to Salon, Warner spokeswoman Rachel Cohen insisted the law would focus “on restricting businesses that facilitate or abet” specific kinds of harm, but not on individual users. “This legislation is aimed squarely at companies like Kaspersky, Huawei and TikTok that create systemic risks to the United States’ national security.”
Another threat is the lack of transparency and accountability the bill grants the appointed committee that would decide which apps to ban. The lack of judicial review and reliance on Patriot Act-like surveillance powers could open the door to unjustified targeting of individuals or groups.March 7 statement
“Committee” here means the Committee on Foreign Investment in the United States , which would be appointed by the president, and by statute would include the secretary of commerce, the attorney general, the defense secretary and the head of Homeland Security. They would have enormous discretion to decide what a “substantial interest” is — in critical infrastructure, technology or data.
Section 10 would also let the attorney general impose requirements on “covered entities” to provide “technical assistance” to the government for —you guessed it — surveillance purposes. Again, with no judicial review.Gag orders, secret FISA court proceedings, public information blackouts and special administrative exemptions? If that all sounds familiar from the post-9/11 era, you’ll get where this is going.
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