Article

The Surveillance State Expands: The Potential Pervasive Natures of the TikTok Divestiture Law, FISA 702, and the PATRIOT Act

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Abstract

Recent legislation has, again, raised concerns regarding the First, Fourth, and
Fifth Amendment rights of the American people. While the legislation may carry
noble intentions, The Protecting Americans from Foreign Adversary Controlled
Applications Act (H.R.7521), otherwise referred to as the TikTok Divestiture Law,
serves as another building block to the surveillance state of the federal
government in the guise of national security, as well as an unreasonable shift in
separation of powers. This paper digs into the legislation's language, as well as
its implications on personal liberties, in an expansion of broader previous
research. This paper argues that this legislation exacerbates the trend of eroding
privacy rights and free speech in the modern age. Using a libertarian framework,
we explore the incompatibility of personal liberty, the increasing powers of the
executive branch, and the legislation at hand. We also explore support for this
policy, including direct communication with a key leader in drafting and
implementing the bill to provide a well-rounded and nuanced view. The objective
of this paper is to advocate for the rollback of overreaching measures found in the
PAFACA, the reauthorization of FISA's 702 provision, and the PATRIOT Act. This
paper should serve as a blueprint for both the new administration and legislators
to restore the right to privacy to the American people.

Keywords: Surveillance, TikTok, FISA