Us Congress 2023-2024 Regular Session

Us Congress House Bill HB57

Introduced
1/9/23  

Caption

Protecting Personal Data from Foreign Adversaries Act This bill authorizes sanctions and other prohibitions relating to software that engages in user data theft on behalf of certain foreign countries or entities. The President may regulate or prohibit transactions using software that engages in the theft or unauthorized transmission of user data and provides access to such data to (1) a communist country, (2) the Chinese Communist Party (CCP), (3) a foreign adversary, or (4) a state sponsor of terrorism. The President may also impose visa- and property-blocking sanctions on developers and owners of software that makes unauthorized transmissions of user data to servers located in China that are accessible by China's government or the CCP. The Department of State shall report to Congress a determination regarding whether WeChat or TikTok fall within certain regulations and prohibitions, including those provided under this bill. (WeChat and TikTok are software programs developed by China-based companies.)

Impact

If enacted, HB57 would significantly influence existing laws surrounding international economic powers by amending the International Emergency Economic Powers Act. It provides the President with the authority to block transactions and impose sanctions on applications that are deemed to engage in data theft for foreign adversaries. This would effectively aim to safeguard personal data from foreign exploitation and strengthen the United States' regulatory framework for digital privacy in an increasingly interconnected world.

Summary

House Bill 57, known as the 'Protecting Personal Data from Foreign Adversaries Act', aims to regulate and prohibit transactions involving mobile applications or software programs that participate in the unauthorized theft of user data, particularly on behalf of foreign entities identified as threats, such as communist countries or state sponsors of terrorism. The bill empowers the President to impose sanctions against any foreign individuals or entities that engage in such illicit activities, thus enhancing national security measures related to data privacy and user protection.

Contention

There may be points of contention surrounding the bill, particularly regarding the definition of 'foreign adversary' and the application of such sanctions. Critics might raise concerns about the potential overreach of the executive power granted to the President in imposing sanctions without sufficient oversight. Moreover, the deadline for the determination of specific applications, such as WeChat and TikTok, may fuel discussions regarding civil liberties, transparency, and the balance between national security and personal freedoms.

Companion Bills

US HB7476

Related bill Countering Communist China Act Stop CCP Fentanyl Act Countering Atrocities through Currency Accountability Act of 2024 Sanctioning Supporters of Slave Labor Act DATA Act Deterring America’s Technological Adversaries Act DITCH Act Dump Investments in Troublesome Communist Holdings Act ENABLERS Act Establishing New Authorities for Businesses Laundering and Enabling Risks to Security Act STOP CCP Act Sanctioning Tyrannical and Oppressive People within the Chinese Communist Party Act Disclosing Investments in Foreign Adversaries Act of 2024 PARSA Protecting Americans’ Retirement Savings Act Preventing Adversaries from Developing Critical Capabilities Act

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