TikTok unban Bill

The TikTok ban raises serious concerns about its constitutionality, deplatforming millions of Americans; this legislation infringes on individuals' rights to express themselves and access a global platform. The methodology used to ban TikTok grants the President excessive power over international applications in the U.S. this undermines free markets and creating opportunities for favoritism.

 This approach is fundamentally un-American, resembling a communist oligarchy rather than our democratic values.

SECTION 1: FINDINGS AND PURPOSES.

Findings - We find the following:

The ban on TikTok raises significant concerns regarding constitutional freedoms by deplatforming millions of Americans and infringing upon free expression.

Granting the Executive Branch excessive authority over foreign-owned applications in the United States undermines free markets and opens the door to governmental overreach.

Free markets flourish under fair competition with limited government interference; unchecked control of digital platforms suppresses innovation and restricts consumer choice.

There is a critical need to address data privacy concerns without resorting to broad bans that limit constitutional rights.

Purposes - The purposes of this Act are:

To repel H.R. 7521 and ensure that any regulation of social media platforms respects constitutional guarantees of free speech and due process.

To establish the Department of Algorithm (DOA) to review, report, and advise on algorithmic biases.

To protect individual digital privacy and data rights through responsible limitations on data collection and sale.

To clarify the process by which Congress, subject to judicial review and presidential discretion, may ban certain digital platforms or applications when necessary and lawful.

SECTION 2: REPEAL OF H.R. 7521 (TIKTOK BAN).

Repeal. H.R. 7521 is hereby repealed in its entirety.

Operation of TikTok.

a)      Following this repeal, the sale of TikTok or its divestiture to a U.S. entity shall no longer be required as a condition for TikTok’s continued operation in the United States.

b)      TikTok and similar social media platforms remain subject to all other applicable laws and regulations.

Section 3:  ESTABLISHMENT OF THE DEPARTMENT OF ALGORITHM (DOA).

1.      Establishment and Purpose.

a)      There is established a federal entity to be known as the Department of Algorithm (DOA).

b)     The primary responsibility of the DOA is to review algorithms used by social media platforms and other business entities operating within the United States for evidence of bias or harmful practices.

2.      Scope of “Algorithmic Bias.”

a)      For purposes of this Act, “algorithmic bias” includes, but is not limited to:

i)        Negativity dominance bias

ii)      Confirmation bias

iii)    Negativity gradient

iv)    Consistency bias

v)      Cognitive bias

vi)    Stereotyping bias

vii)  Gender bias

viii)  Anchoring bias

b)     Congress and/or the DOA may, at their discretion, amend this list to include or remove recognized forms of bias.

SECTION 4: DIGITAL RESPONSIBILITY.

Prohibition on Sale of Personal Data.

a)      The sale of an individual’s personal data is prohibited unless that individual has expressly authorized such sale.

b)     A substantial portion of the proceeds from any authorized sale of personal data shall be allocated to the individual whose data is being sold.

c)      Individuals may not seek reimbursement or compensation for data sold prior to the enactment of this Act.

Age Restrictions for Social Media Usage.

a)      No individual under the age of 12 years shall be permitted to open or use any social media platform.

b)     A social media account may be reserved for a child under 12 until the individual reaches the permissible age.

c)      Fines for violations of this subsection may be imposed at the discretion of a court of competent jurisdiction, taking into account the severity of the infraction.

                                                              i.      At minimum, for every 50 users found to be under the age limit, the violating entity shall be fined not less than $1,000 USD (e.g., 50 users = 1 group; 1 group × $1,000 USD).

SECTION 5: PROCESS FOR BANNING DIGITAL PLATFORMS OR APPLICATIONS.

Congressional Authority.

a)      Through the House and Senate Subcommittee on Digital Assets, Congress may initiate a ban on any social media platform or other digital application deemed a threat to national security, public safety, or other compelling governmental interests.

b)     Such a ban must be passed by a simple majority vote in both the House of Representatives and the Senate.

Judicial Review.

a)      Upon passage by Congress, the proposed ban shall be submitted for judicial review to determine legality and constitutionality.

b)     The affected business entity shall have the right to submit briefs and present arguments during the judicial review process to contest the ban.

Presidential Action.

a.      Following judicial review, the President of the United States shall have the authority to:

                                                              i.      Veto the proposed ban, or

                                                            ii.      Sign the ban into law.

Section 6: EFFECTIVE DATE.

This Act and the repeals, establishment, and measures contained herein shall take effect immediately upon enactment.

Section 7: SEVERABILITY.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act and the application of such provisions to other persons or circumstances shall not be affected thereby.