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Yogthos

Under the new Restrict Act ("ban TikTok act") VPN users face 20 years in jail and up to $1million fine if they evade US internet censorship.

Compared to this, the great firewall of china looks like a picket fence.

congress.gov/bill/118th-congre

5, United States Code.

(8) FOREIGN ADVERSARY.—The term “foreign adversary”— ‘

(A) means any foreign government or regime, determined by the Secretary, pursuant to sections 3 and 5, to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or the security and safety of

United States persons;

and

(B) includes, unless removed by the Secretary

pursuant to section 6—

(i) the People’s Republic of China, including the Hong Kong Special Administrative Region and Macao Special Administrative

/N Back to top (ii) the & congress.gov
removed by the Secretary pursuant to section 6— (i) the People’s Republic of China, including the Hong Kong Special Administrative Region and Macao Special Administrative Region; (ii) the Republic of Cuba; (i) the Islamic Republic of Iran; (iv) the Democratic People’s Republic of Korea; (v) the Russian Federation; and (vi) the Bolivarian Republic of Venezuela under the regime of Nicolas Maduro Moros. (9) HOLDING.—The term “holding”— /A Back to top & congress.gov
(c) CRIMINAL PENALTIES.—

(1) IN GENERAL.—A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both.
60 comments
Yogthos

@suqdiq use of Tor could almost certainly be interpreted as illegal circumvention under this bill

Matunos

@yogthos the subsection a referred to is this?

not to say an inventive prosecutor might not try, but it seems quite a stretch to say an individual using a VPN to access a service like Tiktok for themselves would be violating any of those provisions

Yogthos

@matunos the bill is intentionally worded in open ended fashion. This bit in particular means that effectively any piece of hardware or software could fall under the law

Matunos

@yogthos that's a definition, but the clause that references it in section (a) makes it harder to fit with an individual using a VPN simply to bypass IP range blocks (unless they're doing a lot more, like offering a public proxy)…

it's also unclear how the US government would even impose filtering such that a VPN is required for access, unless the service itself (eg TikTok) imposed a country filter

(1) poses an undue or unacceptable risk of—

(A) sabotage or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of information and communications technology products and services in the United States;
Yogthos

@matunos it doesn't appear to be worded in a way that focuses on individual, but it can also be construed that you are providing yourself a service using your own VPN. Also consider any distributed technologies like tor. By using tor you became a node and handle data for others.

This is an absolutely draconian law.

Matunos

@yogthos yes I can definitely see them going after someone for using tor or running an open proxy service for a prohibited service, effectively becoming a middlemen for the banned service (though in the case of tor the question of intention might come in

Jake in the desert

@yogthos @matunos it's nuts. And seems like one of those ridiculous over-arching things that would be nearly impossible to enforce probably, like most of their stupid ideas like this (thankfully) 🙄🤣 but it's still insanely concerning and gross.

Yogthos

@jake4480 @matunos I think the idea isn't that it's going to be enforced universally, instead it'll just be used to target people. That's the really scary part of this kind of a law. Once an individual is targeted then this kind of law can be used to slap a draconian sentence on them for having a vpn, or having visited a website at some point.

Jake in the desert

@yogthos @matunos that's true, just the chance that they'll be able to use it for whatever, there shouldn't be laws like this that they can pervert to serve whatever interest they feel like on a given day. Political overreach

LisPi

@yogthos @jake4480 @matunos Russia has a lot of laws like that one. Selectively applied, indeed.

Eckes :mastodon:

@yogthos wow, was diese planlose unbegrenzte Ermächtigung „irgendwas“ gegen „die“ durchzusetzen..

draNgNon has VOTED

@yogthos i wonder if that includes use of protonmail

Yogthos

@draNgNon not yet, but the list can be changed any time

DELETED

@yogthos Americans need to ask whether they would accept giving Trump or someone like him the power to monitor and censor all internet traffic within the country. Even using a VPN will come with 20 years in jail. That is crazy. That is what this law will do under the guise of banning TikTok.

Are people calling their elected leaders to stop it?

Mx. L

@yogthos

How can you use VPN to surpass US Internet censorship? There isn't any server of VPN services in China.

Yogthos

@mxl the law isn't specific to China, it's any country that US deems to be an adversary

spooky blip 👻

@yogthos classic. get the masses riled up about TikTok as a smoke screen to pass draconian shit

exactly what they did to pass the Patriot Act way back when, too

gavinisdie :troll:

@yogthos suprised the act doesn't outright ban VPNs, it feels like American Democracy is dead

Austin

@yogthos They will have some fun enforcing that.

Yogthos

@austin I expect it will be used to hunt down dissidents

The Cross-Cultural Nerd

@yogthos So what happens to Americans who come home from China with VPNs on their computers and phones?

GermanNr4

@yogthos if I understood the law right YouTube etc would need to remove any TikTok video reuploads from their services

🇵🇸 damaged gods 🇺🇦

@yogthos

I may be wrong here but I think legally defining that list of "foreign adversaries" is a big step also.

Yogthos

@big_louse yeah the language is incredibly belligerent there

FreakinFoss :freebsd: :linux:

@yogthos That's whay they do

Point at others for being evil... while being far worse... this is the way of the Western governments

schoolingdiana

@yogthos Totally ridiculous and I predict will come to nothing. Why? It’s not because TikTok is a Cayman Islands company and it’s CEO is Singaporean. It’s because half it’s board are US venture capitalists who got their start in BlackRock. #TikTok

Yogthos

@schoolingdiana I think TikTok is largely a distraction, the goal of the bill is clearly much broader than TikTok

Katherine ✨️ she/her

@yogthos I'd feel a lot more worried about this if the TikTok hearings didn't just reveal that American politicians are fucking idiots about the internet

Tripolar :apple_inc: 💾 :win:

@yogthos censorship on the rise everywhere. China is the blueprint for the west

Nuno & Lua :DsaprvingLua:

@yogthos the great USian firewall, perhaps now the population will get mad enough at the shitty Armani wearing third world country the US has become

DELETED

@yogthos is the American legislature incapable of producing legislation that doesn't incur ludicrous Draconian penalties?

Radical Edward

@yogthos

I guess it shows our priorities. Invade the Capitol to overturn an election get six months. Shoot someone with an assault rifle, get thirteen years. Watch cat videos get twenty.

DELETED

@yogthos although this bill delights the authoritarian wing of our governance class, it is also a giant gift to the legacy Silicon Valley companies. The bottom line is that TikTok is beating the pants off those legacy firms and the shift in advertising $ is proof. While "Big Tech" was showcasing their woke'ness and checking DE&I boxes, they forgot that they're actually in the business of business. TikTok built a better product and now the legacies are running to Uncle Sam for help.
#rantover

Cypherfox

@yogthos @mmasnick I disagree with your interpretation; the penalties appear to be for subverting _ownership_ by hostile entities not _access_ to hostile services.

It is an absurdly broad bill trying to make government able to ban arbitrary tech by deeming it critical or…in broad use, & potentially subject to ‘misinformation’ if owned by entities in hostile nations. I hate it, and it WILL be used by awful people, to do awful things.

But…it does not seem to do what you describe.

Yogthos

@cypherfox @mmasnick I'm pretty sure it does exactly that, with this law it'll be possible to ban any media that US government finds problematic and prosecute any circumvention of the ban with extreme prejudice

Javier Carrasco

@yogthos That is some fucked up bullshit, and says so much about our system

Mark

@yogthos 20 years for this? No wonder US has the highest incarceration rate in the world.

Juno Jove

@yogthos The naming has gone totally mask-off, as well; in the 2000s, this would have been the HOMENET act or the ONLINE ENTERTAINMENT DECENCY bill.

𝐃𝐞𝐱𝐭𝐞𝐫

@yogthos Are there still Americans who believe that they are in the land of the FREE? At this point, everything around us has become strange.

Derek 🌈

@yogthos @jeffjarvis are they going to start going to all the VPN providers to get their users information now? How are they actually going to enforce this?

Yogthos

@mayor @jeffjarvis my guess would be that this law would facilitate selective enforcement, which is likely the intent

Philomorph

@yogthos IANAL, so I could only skim the legalese, but isn't this only applicable to classified information and foreign adversaries?

It does say the Secretary can remove adversaries from the list - didn't see where they can add new ones. But the Secretary does get to decide who/what poses an "unacceptable risk to the national security".

Are you worried this is a blank check to the Commerce Secretary to decide that any particular group or technology is included, and can therefore be banned?

Yogthos

@Philomorph right that's precisely the problem, this can be changed unilaterally without any debate or oversight

Philomorph

@yogthos Well, it does say the SoC makes decisions "in consultation with the relevant executive department and agency heads" (i.e. Homeland, FCC, etc) so it's maybe not "unilateral"? Being limited to transactions between "foreign adversaries" and people in the US, adversaries defined as "any foreign government or regime, determined by the Secretary ... to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States".

Philomorph

@yogthos So as written, the SoC could only add *foreign governments* with a seriously problematic history. They couldn't, say, ban Twitch, or the BBC Player I access via VPN, right?

ManuelBoe

@yogthos If the US bans tiktok, they should also ban facebook(meta), snapchat and similar services. Products from Facebook and co collect similar data as Tiktok. When it comes to the state that processes the data: Most companies work with third parties from abroad to process the data masses.

Yogthos

@ManuelBoe the tiktok ban is basically this

DELETED

@yogthos god forbid they punish people who use VPNs for hate speech and abuse, cyber bullying and conspiracy. Nope. This is the hill they want everyone to die on. People goofing off is the real threat.

DELETED

@yogthos Wait, what?

I was so bummed about this news because I thought it meant I *had* to get a VPN service and worse, that I would be *compelled* to install and use Tik Tok.

I wonder how long someone will have to sit in jail before the first amendment wins.

robertburke

@yogthos Your spreading disinformation. The bill does not target individuals but companies .

This is won't a bill and is NOT the law.

Stop spreading bs.

Yogthos

@robertburke I encourage you to actually read the bill and think about the implications of how it's worded

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