Washington, D.C. — The Supreme Court has issued its opinion in TikTok v. Garland, allowing the Protecting Americans from Foreign Adversary Controlled Applications Act, (PAFACA) to go into effect on January 19, 2025. The decision paves the way for targeted restrictions on TikTok and its parent company, ByteDance, but highlights the need for more comprehensive data privacy legislation.
The American Consumer Institute (ACI), which has extensively written on the weaknesses of efforts targeting only specific companies (here and here), views this ruling as an opportunity for Congress to pivot toward crafting a uniform data privacy framework that protects all Americans, regardless of the platform.
“The issues discussed in this case are not new,” said Logan Kolas, Director of Tech Policy at ACI. “While PAFACA addresses concerns about TikTok and its ties to the Chinese government, it’s clear that a piecemeal approach to data privacy leaves gaps in protecting Americans from other potential threats. A comprehensive, uniform framework is essential for safeguarding personal data across all platforms and sectors.”
This lack of a comprehensive data privacy framework complicates efforts to address the risks associated with single entities. In the absence of clear, overarching guidelines for data handling and security, legislative solutions are inevitably piecemeal, focusing narrowly on individual companies rather than establishing uniform standards applicable across the tech sector. A more comprehensive approach would provide neutral, enforceable tools to regulate any company—domestic or foreign—found to be violating data privacy or security requirements.
ACI’s Call for Comprehensive Reform
ACI asserts that a narrow focus on individual companies like TikTok cannot replace the need for a clear and enforceable data privacy framework. Such a framework would:
- Apply to all companies, foreign and domestic.
- Address risks from data misuse and unauthorized access across the board.
- Provide a neutral, enforceable standard to protect consumer data comprehensively.
“This decision and the issues it addressed highlight some of the weaknesses of our data privacy approach,” said Tirzah Duren, President of ACI. “Only through comprehensive legislation can we effectively address the risks posed by foreign adversaries while ensuring a secure and competitive digital economy.”
About the American Consumer Institute
The American Consumer Institute Center for Citizen Research is a 501(c)(3) nonprofit organization focused on consumer welfare through research and education. ACI examines how public policies affect consumers and advocates for outcomes that improve consumer well-being.
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The American Consumer Institute is a nonprofit education and research organization. For more information about the Institute, visit www.TheAmericanConsumer.Org or follow us on Twitter (X) @ConsumerPal.