• FiniteBanjo@lemmy.today
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    2 years ago

    Incorrect, the Bill is broad but it’s not any company for any reason.

    The “PROTECTING AMERICANS’ DATA FROM FOREIGN ADVERSARIES ACT OF 2024” has this to say:

    (a) Prohibition.—It shall be unlawful for a data broker to sell, license, rent, trade, transfer, release, disclose, provide access to, or otherwise make available personally identifiable sensitive data of a United States individual to—
    
    (1) any foreign adversary country; or
    
    (2) any entity that is controlled by a foreign adversary.
    
    (b) Enforcement By Federal Trade Commission.—
    
    (1) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.—A violation of this section shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    
    (2) POWERS OF COMMISSION.—
    
    (A) IN GENERAL.—The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.
    
    (B) PRIVILEGES AND IMMUNITIES.—Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
    
    (3) AUTHORITY PRESERVED.—Nothing in this section may be construed to limit the authority of the Commission under any other provision of law.
    

    and then like a bunch of pages of hyper-specific definitions for the above terms.

    • Blxter@lemmy.zip
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      2 years ago

      Am I misunderstanding something this actually sounds like a positive thing. Although I wish it was not just for “foreign adversary country; or any entity that is controlled by a foreign adversary.” And instead just in general

      • PhAzE@lemmy.ca
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        2 years ago

        Yea, it’s not as bad as this thread is trying to make it out to be.

      • TheFriar@lemm.ee
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        2 years ago

        That’s kinda the point though. They don’t give a shit about protecting our data. They’ve willingly engaged in the data trading markets themselves. It’s greatly enhanced their power. They’ve protected the practice by simple virtue of dumping fuck tons of money into it. But as soon as other players get into the game…”quick, to the gavel-mobile!”

        This bill isn’t for us. It’s for them. I’m no fan of china—it’s an authoritarian state that forcefully exerts control over its people—but to the US, they’re just the next game in town. Because while china may be a little more overtly controlling, the US is in the same game. They just use the frontman of their independent corporations to more subtly exert influence. But when we start trying to wrest some control back? Sure, that’s when the gavels turn to batons and guns.

        So, in short, they’re not protecting us. They’re protecting themselves and their established order. Cracks are starting to show because people on the whole seem to be realizing this order doesn’t work for us, but for them. They will start to more overtly flex their power as this trend continues.

    • Maggoty@lemmy.world
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      2 years ago

      The big point is, how does that power get used?

      There is no due process. So someone like Trump could just declare a company to be a foreign adversary. If this was like an Anti-Trust case that had to be built and proven in court we wouldn’t have a problem with it. But it’s not. You’re just literally declaring it, no evidence required.

    • AmbiguousProps@lemmy.today
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      2 years ago

      Ah, so congress can just write hyper specific definitions that only apply to one company (as long as they don’t directly name said company). Got it, seems like great precedent to me.

      • FiniteBanjo@lemmy.today
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        2 years ago

        I feel like you might’ve completely misunderstood what I meant, they defined words like Photography and what a Data Broker is hyper-specifically, like a dictionary might. If they wanted to they could have named the company directly. They’re literally the highest power in the US Federal government, they have full authority. They wanted to remove a gap in our system of laws to prevent anything similar from ever occurring in the future. I think technically Kaspersky and a few other companies could qualify with these terms.

        • Corkyskog@sh.itjust.works
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          2 years ago

          I actually don’t think they can name the company directly. If I remember right that’s unconstitutional.

          • grrgyle@slrpnk.net
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            2 years ago

            Not American, but that doesn’t sound right… whose rights are being violated in that case? A multinational corporation?

            I can see why you shouldn’t name an actual person, though.

            • Maggoty@lemmy.world
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              2 years ago

              Our Corporations have the same rights we do with one exception. If my rights and my employer’s rights come into conflict, say on religious freedom, I’m forced to accept the corporation’s right to force me into religious practice. So they have first class and we have second class.

        • AmbiguousProps@lemmy.today
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          2 years ago

          I didn’t completely misunderstand, I just used the term hyper specific (rather confusingly, I admit, since you used it too) to refer to the wording of the bill. I would be surprised to see this used for other companies - the recent happenings with Kaspersky are not related to this bill.

          to prevent anything similar from ever occurring

          What are you referring to here? What occurred? Do you mean the creation of another foreign TikTok?