SB 112-43: No Discord Spying Act (Passed)
Mr. Reactionary:
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SENATE BILL
To guard against espionage and subversion of national interests via social media platforms and other purposes.
Be it enacted in the Atlasian Senate Assembled,
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NO DISCORD SPYING ACT
1. Title II of the Fighting Sino-Espionage Act shall be amended as follows:
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A. The term “covered application” means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited, as well as the communication service Discord or any successor application or service developed or provided by TenCent Holdings Limited or an entity owned by TenCent Holdings Limited.;
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2. This act shall take effect thirty (30) days from the date of passage unless TenCent Holdings Limited, or any subordinate entity thereof divests its ownership stake in Discord.
Sponsor: NC Yankee
Debate on this bill is now open.
Mr. Reactionary:
Looks like this extends the protections against chinese owned spyware like Tiktok to Discord which is partially owned by the Chinese. Chinese companies are required to share consumer data with their government.
Southern Senator North Carolina Yankee:
I am of the opinion that in time we will find this to be an small stab at reigning in subversion by hostile foreign power as it relates to social media. This not only risks national security, but also data security, societal cohesion and the related mental health issues that many of the more pernicious social media platforms have brought upon numerous people, particular children.
That being said, I think this is an important first step at least one corner of the larger problems that social media presents and I am certainly open to working on the other areas in the future.
Mr. Reactionary:
Amendment. 24 hours to object.
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SENATE BILL
To guard against espionage and subversion of national interests via social media platforms and other purposes.
Be it enacted in the Atlasian Senate Assembled,
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NO DISCORD CHINESE SPYING ACT
TITLE I: GOVERNMENT COMPUTERS
1. Title II of the Fighting Sino-Espionage Act shall be amended as follows:
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A. The term “covered application” means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited, as well as the communication service Discord or any successor application or service developed or provided by TenCent Holdings Limited or an entity owned by TenCent Holdings Limited.;
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2. This act shall take effect thirty (30) days from the date of passage unless TenCent Holdings Limited, or any subordinate entity thereof divests its ownership stake in Discord.
TITLE II: BANNING SPIES
1. The following terms, as used in this Title, shall be defined as such:
A. threatening social media company means a social media company that meets one (1) or more of the following conditions:
i. The company is domiciled in, headquartered in, has its principal place of business in, or is organized under the laws of a country of concern.
ii. A country of concern, entity of concern, or some combination thereof, directly or indirectly owns, controls with the ability to decide important matters, or holds with power to vote, ten percent (10%) or more of the outstanding voting stock or shares of the company.
iii. The company employs software or algorithms controlled or whose export is restricted by a country of concern or entity of concern.
iv. The company is subject to substantial influence, directly or indirectly, from a country of concern or entity of concern owing to which the company shares or could be compelled to share data on Atlasian citizens with a country of concern or entity of concern; or the content moderation practices of the company are subject to substantial influence from a country of concern or entity of concern.
v. The company is Bytedance, Ltd., TikTok, a subsidiary of or a successor company thereof, or a company owned or controlled directly or indirectly by Bytedance, Ltd., TikTok, or a subsidiary or successor thereof; however if such company shall be entirely divested and no longer within the definition of any of (i) - (iv)
B. country of concern has the meaning given the term foreign adversary in section 8(c)(2) of the Secure and Trusted Communications Networks Act (47 U.S.C. 1607(c)(2)); and includes the People’s Republic of China (including the Special Administrative Regions of China, including Hong Kong and Macau), Russia, Belarus, Ukraine, Iran, North Korea, Cuba, and Venezuela.
C. entity of concern means a governmental body at any level, the armed forces, the leading political party, a private business or a state-owned enterprise domiciled in or owned or controlled by a private business or state-owned enterprise domiciled in, or an individual who is a national of and is domiciled and living in while being subject to substantial influence, directly or indirectly, from a country of concern
D. social media company means any entity that:
i. operates, directly or indirectly, including through its parent company, subsidiaries, or affiliates, a website, desktop application, or mobile application that permits an individual or entity to create an account or profile for the purpose of generating, sharing, and viewing user-generated content through such account or profile;
ii. sells digital advertising space;
iii. has more than 100,000 monthly active users for a majority of months during the preceding year;
iv. enables one (1) or more users to generate content that can be viewed by other users of the website, desktop application, or mobile application;
v. enables users to view content generated by other users of the website, desktop application, or mobile application; and
vi. does not include an entity if the entity does not operate a website, desktop application, or mobile application except for a website, desktop application, or mobile application the primary purpose of which is to allow users to post product reviews, business reviews, or travel information and reviews; or to provide emergency alert services.
E. good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
2. On and after the date that is thirty (30) days after the date of the enactment of this Act, the President shall exercise all the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et. seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a threatening social media company if such property and interests in property are in Atlasia or come within Atlasia; or to the extent necessary to prevent commercial operation of the social media company in Atlasia, are or come within the possession or control of an Atlasian person.The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Title.
3. A person that violates, attempts to violate, or causes a violation of this Title or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. Sanctions under this provision shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 21 3091 et seq.) or any authorized intelligence activities of Atlasia.
4. The authorities and requirements to impose sanctions under this Title shall not include the authority or requirement to impose sanctions on the importation of goods.
Mr. Reactionary:
Amendment is adopted.
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