Pass the TikTok Legislation. And then…

TikTok legislation

“At what point then is the approach of danger to be expected? I answer, if it ever reach us, it must spring up amongst us. It cannot come from abroad. If destruction be our lot, we must ourselves be its author and finisher. As a nation of freemen, we must live through all time, or die by suicide.” – Abraham Lincoln, The Lyceum Address, 1838 –

Lincoln’s famous observation that only Americans can truly destroy America speaks to the fragility of the Republic, which the founders knew could only endure so long as the people generally keep faith with certain core principles. Watching those principles assaulted by a far-right populism, which has presently swallowed the Republican Party, it is natural to read Lincoln as prophetic, and it is hard to imagine any foreign influence being more dangerous. On the other hand, when Lincoln said, “It cannot come from abroad,” he could hardly have imagined a time when 170 million young Americans would carry a pocket surveillance device loaded with software under the control of a foreign adversary.

Following the 362-55 vote by the House to force TikTok to divest itself of all ties to the Chinese Communist Party (CCP), opinions about the bill question both its necessity and viability—though not with good reason. Although rashly described as a “ban,” the effect of H.R. 7521 would force a sale of the platform by parent company ByteDance to an owner without ties to the CCP. To that end, I agree with independent musician Blake Morgan. who endorses the TikTok legislation, both as a national security and anti-piracy measure. In an editorial for IP Watchdog, Morgan writes:

The vast majority of music on TikTok generates virtually no revenue for the musicians who made it, and even more music on the platform is completely unlicensed (stolen), copied (stolen via AI), or pirated (stolen). Simply put, TikTok is trying to build a music-based business without paying music makers fair value for the music. That’s why Universal Music Group has already pulled out of TikTok. That’s why the National Music Publishers’ Association has already announced it won’t renew its license with the company. So, TikTok poses “a clear and present danger” to American music, too.

The music piracy alone is reason to force the platform to operate within the reach of U.S. law, but with regard to the national security threat, it is notable that unless one is in the intelligence community, or a Member of Congress receiving a security briefing, we are left to rely upon one of those core principles, which have been eroded by social media in general:  trust. I do not endorse the Whatabouist’s view that just because TikTok is not alone in causing havoc that this legislation is moot, but the story does highlight those hazards of social media that make it difficult to convince many Americans that TikTok is a threat of any kind.

Joseph V. Amodio, writing for Tanium, states that TikTok is distinguishable from other platforms thus:

TikTok stands out in its power to manipulate: While videos from any app can go viral, TikTok’s infection ability is unique, given the practice of “heating,”  where TikTok staff can supercharge distribution of hand-picked videos. This has huge implications for fair competition and free trade. Just imagine how they can siphon profits by amplifying your competitors’ posts or cooling down your own viral campaigns.

Whether the goal of data manipulation is to pull the levers on enterprise, as Amodio indicates, or to influence young voters on policy matters, how does one convince nearly 200 million 18 – 29-year-olds that said manipulation is both occurring and should be seen as an attack? If an act of cyberwarfare entails hacking the Pentagon or shutting down part of the power grid, enough Americans can probably recognize such events as attacks in a traditional sense. Likewise, the prospect of malicious software injected into millions of mobile devices might be understood as a threat.

But what if the weapon is an insidious propaganda tool used to manipulate the opinions of millions of citizens? Who is going to be trusted to identify that as a sustained attack on the United States? Some portion of the TikTok demographic will not believe that China (or Russia) is an adversary in the first place, which is arguably evidence itself of social media’s power to influence.

Even if the delivery platform is owned by Meta serving “ads” purchased by foreign operatives with the same objective to sow discord, no individual wants to believe he’s being manipulated. More complexly, even if one tries to apply critical thinking, the effort itself is often countered by teams of data manipulators flooding the zone—i.e. the illusion of more “information” tilting bias in one direction or another. This was true before parties like China and Russia upped their cyber game and before they could add artificial intelligence to the toolset.

As a practical example at the heart of the TikTok story, how does the moderate, who would rather not hyper-politicize national security, take the contemporary Republican seriously in his professed opposition to TikTok’s capacity to “manipulate” Americans? For instance, Rep. Ralph Norman of South Carolina writes, “…if you’ve spent 5 minutes exploring TikTok, you should have recognized the addictive nature of this platform. It is designed for one purpose: to control your attention. Their algorithm quickly figures out what kind of videos you’re likely to watch, and then feed you similar videos to keep you fixated.”

Fine. But one could swap “TikTok for “Trump” and make the same general argument, including that his self-interested rhetoric about NATO, disrespect for the Constitution, etc. all comprise a threat to national security. What would Lincoln say to his legacy party about this tangled interplay between foreign and domestic forces, both hostile to American interests, and both weaponizing disinformation through addictive and manipulative platforms?

In this context, it is important to note that Trumpism is a symptom of populism—a trend that is no less prevalent on the left than on the right, perhaps especially among 18 – 29-year-olds. The difference, for the moment, is that the left has not found its own cult-like figure, who might also undermine core principles, albeit in a different style than Trump. The rise in populism in the U.S. and other democracies is a direct result of social media’s nature to factionalize hearts and minds, which is precisely what a foreign adversary wants to achieve. TikTok may be a shrewdly named time-bomb delivered to over half the U.S. population and, as such, should be diffused. But assuming that task can be accomplished, the existential question remains as to whether we can quarantine the most virulent effects of all social platforms or “die by suicide.”

David Newhoff
David is an author, communications professional, and copyright advocate. After more than 20 years providing creative services and consulting in corporate communications, he shifted his attention to law and policy, beginning with advocacy of copyright and the value of creative professionals to America’s economy, core principles, and culture.

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