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Technology,
International Law

May 7, 2024

The TikTok ban encroaches on private rights and sets a concerning precedent of limiting freedom of speech

TikTok sued the federal government on Tuesday, arguing the law was unconstitutional. Here's what our columnist published last night, before the lawsuit was announced.

The recent bill to ban TikTok in the United States highlights the country's complacency and overconfidence, potentially undermining its soft power. Instead of outright removal or banning, politicians should consider a softer, rule-based approach and conduct awareness campaigns to discourage users from using the platform.

Xinying Huang

Visiting Scholar, Stanford Law School

Huang served as a correctional officer and an attorney in China. He is interested in legal issues related to law enforcement international relations.

Shutterstock

The United States is a global superpower, boasting both hard and soft strengths. Yet, perpetual dominance on the world stage often fosters a sense of complacency and overconfidence, ultimately leading to adverse consequences and repercussions for the nation.

The recently passed and signed bill to ban TikTok serves as the latest illustration of how America's soft power is being undermined. Some House members, in their pursuit of a rapid pathway to ban or compel the sale of the super app, even referenced instances where the Chinese government had banned certain American apps. While these actions and theories may appear to protect American interests, they may hurt America and its citizens more.

The bill serves as a stark illustration of the shortcomings among House members across multiple fronts. Their lack of maturity in drafting and voting on legislation suggests a deficiency in decision-making abilities, particularly when confronting sensitive and influential matters. This raises doubts and suspicions regarding their capacity and wisdom to effectively serve the nation's best interests.

Moreover, the comparison presented by some members is awkward. China is acknowledged as an authoritarian nation with restrictions on freedom of expression. However, employing tit-for-tat tactics by House members risks equating the United States with China. This could further highlight the U.S.'s perceived practice of double standards.

The bill encroaches upon private rights by mandating obedience from American citizens. The decision to use or abstain from using the app should remain optional, as it pertains to personal rights and individual discretion. With approximately 170 million Americans using TikTok, it's reasonable to assume that these users are sufficiently informed and discerning to make their own choices. Therefore, their right to choose should be respected and safeguarded.

Furthermore, the bill establishes a concerning precedent of limiting freedom of speech. By restricting individual choices, it effectively mandates that people in America can only opt for platforms invested in and owned by Americans. This could potentially lead to the removal and banning of other social media platforms, significantly stifling foreign investments and innovations. In reality, TikTok doesn't pose an imminent threat to America and its citizens. With half of Americans utilizing the platform, including President Biden's campaign team and various senators and House members, it's evident that it's not universally seen as malevolent. Thus far, no clear violations have been documented, and the perceived threats described by some members have yet to materialize.

Moreover, TikTok is demonstrating its sincerity and commitment to respecting U.S. laws by actively addressing social concerns. The app is collaborating with the U.S. government and tech giants to establish a data storage base on American soil, effectively preventing any overseas export of data.

U.S. politicians must think it over before rushing to the next level. A more effective approach to address the issue would be to handle it with a softer, rule-based strategy. Senior officials ought to recognize that individuals have the right to choose whether to remain with or abandon TikTok. If they are concerned about their privacy being compromised, there's a straightforward solution: deactivate the account. Hence, savvy politicians should conduct awareness campaigns to discourage users from utilizing the platform, kindly urging people to make informed decisions rather than resorting to outright removal or banning of the app in America.

Taking more technical measures to eliminate concerns and negative impacts. Censorship is not always immoral. Related authorities can collaborate with technical companies to establish online monitoring systems to inspect misinformation and other malpractices. This strategy will not only find a solution for TikTok, but also provide universal solutions to all online threats, ensuring a fair and transparent environment for business growth and competition. Implementing more technical measures to address concerns and mitigate negative impacts can be beneficial. It's worth noting that censorship isn't inherently immoral. Relevant authorities can collaborate with technology companies to establish online monitoring systems aimed at detecting misinformation and other malpractices. This approach not only offers a solution for addressing issues related to TikTok but also provides universal solutions to combat all online threats. It fosters a fair and transparent environment conducive to business growth and competition.

The situation is escalating. TikTok's influence extends beyond domestic borders and transcends the U.S.-China relationship. It's imperative to adopt more nuanced and deliberate actions. Allowing TikTok to not only survive but thrive could prove more advantageous to America, especially in terms of bolstering its soft power.

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