BE VERY AFRAID: The RESTRICT Act Is Exactly What It Sounds Like

(AP Photo/Michel Spingler, File)

The RESTRICT Act is the very definition of a Trojan horse: innocuous on the outside, lethal on the inside. And it is being wheeled toward the gates, with the help of Republicans in Congress.  (In case you missed the story of the Trojan Horse — the actual one, not the virus — you can find it here.)

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Ostensibly, the RESTRICT Act is designed to protect Americans from TikTok — you know, that nifty piece of Chinese spyware masquerading as a fun way to showcase dance videos, asinine behavior, and other things people can live without. And Congress is interested in protecting the country from bad international actors. That is because it can be done via the RESTRICT Act, which will do far more than keep TikTok off of your phone or tablet. How much more? More than you want or even thought possible, even under this administration.

The RESTRICT Act goes after anyone whom the powers that be deem a threat. That determination is made by the secretary of commerce. A threat can include people abroad and U.S. citizens:

In General.—The Secretary, in consultation with the relevant executive department and agency heads, is authorized to and shall take action to identify, deter, disrupt, prevent, prohibit, investigate, or otherwise mitigate, including by negotiating, entering into, or imposing, and enforcing any mitigation measure to address any risk arising from any covered transaction by any person, or with respect to any property, subject to the jurisdiction of the United States that the Secretary determines—

(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;

(B) catastrophic effects on the security or resilience of the critical infrastructure or digital economy of the United States;

(C) interfering in, or altering the result or reported result of a Federal election, as determined in coordination with the Attorney General, the Director of National Intelligence, the Secretary of Treasury, and the Federal Election Commission; or

(D) coercive or criminal activities by a foreign adversary that are designed to undermine democratic processes and institutions or steer policy and regulatory decisions in favor of the strategic objectives of a foreign adversary to the detriment of the national security of the United States, as determined in coordination with the Attorney General, the Director of National Intelligence, the Secretary of Treasury, and the Federal Election Commission; or

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  • any software, hardware, or any other product or service integral to data hosting or computing service that uses, processes, or retains, or is expected to use, process, or retain, sensitive personal data with respect to greater than 1,000,000 persons in the United States at any point during the year period preceding the date on which the covered transaction is referred to the Secretary for review or the Secretary initiates review of the covered transaction, including—
  • internet hosting services
  • cloud-based or distributed computing and data storage
  • machine learning, predictive analytics, and data science products and services, including those involving the provision of services to assist a party utilize, manage, or maintain open-source software
  • managed services
  • content delivery services
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