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General Discussion / Re: AmeriPol thread
« on: April 02, 2023, 04:02:19 am »
That's a feared "WHAT ARE THEY REALLY GOING TO DO!!" extension, not actual bill text. The actual text of the bill covers
Which can be enforced against
By the bill text, the proposed rules are not enforcable against an individual accessing a prohibited service, by VPN or otherwise, unless said individual is doing so as part of an organization carrying out specific types of activities. Individual penalties of the sort you mention are enumerated, but "any regulation, order, direction, mitigation measure, prohibition, or other authorization or directive issued under this Act, including any of the unlawful acts described in paragraph (2)." can only apply to activities undertaken by groups. If TikTok is (justifiably) banned, accessing it via VPN will not qualify unless you're doing so in order to help commit acts of insurrection. Even the vast majority of critics agree this is what the bill actually says, they're just insisting that some judge is going to decide to ignore that and allow the government to do whatever they want.
The primary target of the bill, explicit in the text (too long to quote here, can be read at the official link above) is manufacturers of network equipment/software, home automation products, drones, and similar technologies. These are areas that not only have had security experts warning us about risks for years, but where we have conclusive proof that they have, in fact, been used in the ways targeted by the bill.
Quote
(a) 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
Which can be enforced against
Quote
(6) ENTITY.—The term “entity” means any of the following, whether established in the United States or outside of the United States:
(A) A firm.
(B) A government, government agency, government department, or government commission.
(C) A labor union.
(D) A fraternal or social organization.
(E) A partnership.
(F) A trust.
(G) A joint venture.
(H) A corporation.
(I) A group, subgroup, or other association or organization whether or not organized for profit.
By the bill text, the proposed rules are not enforcable against an individual accessing a prohibited service, by VPN or otherwise, unless said individual is doing so as part of an organization carrying out specific types of activities. Individual penalties of the sort you mention are enumerated, but "any regulation, order, direction, mitigation measure, prohibition, or other authorization or directive issued under this Act, including any of the unlawful acts described in paragraph (2)." can only apply to activities undertaken by groups. If TikTok is (justifiably) banned, accessing it via VPN will not qualify unless you're doing so in order to help commit acts of insurrection. Even the vast majority of critics agree this is what the bill actually says, they're just insisting that some judge is going to decide to ignore that and allow the government to do whatever they want.
The primary target of the bill, explicit in the text (too long to quote here, can be read at the official link above) is manufacturers of network equipment/software, home automation products, drones, and similar technologies. These are areas that not only have had security experts warning us about risks for years, but where we have conclusive proof that they have, in fact, been used in the ways targeted by the bill.