The Restrict Act-Bill 686
Evening all,
By now you might have listened to the show Fitz, Jefe, and I put out this morning. It was a packed show that really detailed a large number of the shenanigans that are going on these days. We have all sorts of distractions to keep in our purview while keeping in front of us whats important, our freedoms. We got balls deep in a bill that says it’s for TikTok, but in reality, it’s going to hurt Americans.
Fitz tore down the Restrict act and below are his cliff notes. Use it as companion for your own research. I’m adding a link to the bill itself so please take a look. The idea here is that this bill is being put forth to save America digitally. It’s being perpetrated as safeguarding us from this new axis of evil that’s being called attention to. Mainly Russia, China, Cuba, Iran, N. Korea, and Venezuela are being made the evil doers here. In reality, this bill is going to be an attack on Americans.
Take a look at Fitz’s break down. Listen to the show. Read the bill. Then reach out to us and let us know your thoughts. Keep in mind we’re not lawyers, attorneys, or god forbid lawmakers. We’re concerned citizens that do not think this smells right. This will be an ongoing topic for a long while.
RESTRICT Act (SB 686)
Restricting
Emerging
Security
Threats that
Risk
Information and
Communications
Technologies
Overview:
Section 1.
Gives US government very broad power to control the types of information we pass to and from other countries, as well as between ourselves. It imposes very harsh penalties for anyone who tries to subvert or circumvent those powers.
Section 2.
Basically this section just defines all the terms and language used throughout the bill.
Section 3.
Conducts a risk analysis of transactions. “Transaction” refers to the use of, sale of, or disposition of technology or information by a foreign adversary. Noted adversaries being China, Cuba, Iran, N. Korea, Russia, and Venezuela. This list can change at any time. There is no requirement within this bill that these and only these countries are on this list. Gives power to the Sec. Of Commerce to conduct these analyses and investigations. Risk assessments will be on anything that can effect National security or anything that can harm individuals, any risk to the “democratic process”, supply chains, critical infrastructure, or the economy (banks and Wall Street as well). No time period or statute of limitations on this power to investigate, so they can go as far back as needed or even research things that haven’t actually happened yet. The SOC gets to decide what the public knows (and doesn’t know) about the investigation and its findings.
Section 4.
Reviews and analysis of holdings (financial interests or stock options). The SOC in conjunction with other “relevant” agencies and entities will get to decide whether a holding is a threat to National security on any level. If a threat is determined, it is up to the SOC and only the SOC to bring this to the president for recommendation. “The sole and unreviewable discretion of the SOC.” The president then has to decide (within 30 days of recommendation) whether or not the holdings will be divested. It does say only holdings that are under the jurisdiction of the US can be divested in this way, but there are treaties in place with many countries which would allow the US to throw its weight around elsewhere as well.
Section 5. Considerations…
Technologies covered by this act. First is any technology used by one of the above entities for critical infrastructure. Any hardware, software product, or service utilized in any of the following areas:
Critical infrastructure:
Supply chain management
Utility generation, management, distribution
Public safety and security systems
Transportation Technologies
Healthcare systems
Tech:
Wireless LAN
Mobile Networks
Satellite Data and control
Wireless Access Points
Core Networks
Backend Networks
Edge Computing
Cloud Services: (Must affect one million Americans within a year)
Internet Hosting (ISPs)
Cloud Based Storage and Servers
Machine Learning Systems, Services, Products
Managed Services (SAAS, MSP, HAAS)
Content Delivery (Streaming Services)
Internet Delivery Devices: (sold at least one million units in a year to Americans)
Sensors
Webcams
Surveillance (cameras)
Monitoring Systems
Security Systems
Routers
Modems
Switches
And any Data processed by any of these devices!
Autonomous and Semi-autonomous systems:
Unmanned Vehicles
Robots
Vehicles with Lane Departure Assistance, auto brakes, or partial autopilot
Services, data, and products related to any of these systems (manufacture, provisioning, maintenance, management)
Any Internet Connected software (one million users in a year)
Desktop Apps
Mobile Apps
Gaming Apps
Web Apps
Websites
Any AI:
E-Commerce
Quantum Computing
Quantum Communication
Quantum Key Distribution
Post Quantum Cryptography and encryption
Advanced robotics
Biotech
Synthetic Biologies (androids…)
Computational Biology
If the SOC has any suspicions or concerns about any of these technologies, he can recommend to exclude that technology or information from public use. SOC can also revoke any and all licenses from the FCC or FTC. SOC can obtain any information in the course of the investigation. Very broad spectrum of information gathering and powers for SOC… Pretty much “at their discretion” is written throughout the bill.
Section 6.
Designating or undesignating a “foreign adversary”. SOC doesn’t have to even present evidence that a foreign entity or regime or government has commited any wrongdoing in order to investigate them or even add them to the “list”. Act of congress is needed to get an entity removed from the “list”. And there must be proof for this.
Section 7.
How Congress gets involved and can vote.
Section 8. Authority
Authority afforded to the SOC: He/She can rewrite, add to, or subtract any part of the act at any time for any reason. And any change can be backdated to any point in time at their discretion. Act can be expanded over time. SOC can carry out any action during their investigation as long as it doesn’t break any existing laws. Also, Chapter 10 pt. 1 of Title 5 is suspended during these investigations (the part requiring minutes and notes for every meeting)!
Section 9:
How information can be collected and what kind of info can be used: SOC can compel or subpoena any interested parties in an investigation to share their knowledge. Info must be presented in the format requested by the SOC. All info collected must remain private unless it was already public. The only way it can be made public is through judicial proceedings or an act of congress, and even then all parties must consent.
Section 10. Enforcement
SOC can direct any federal agency to inspect, search, detain, seize, or impose temporary denial orders with respect to items, in any form, or conveyances on which it is believed that there are items that have been, are being, or are about to be imported into the United States in violation of this Act or any other applicable Federal law. US District Attorney will bring actually laws and penalties.
Section 11. Penalties
Civil penalties: A Fine of no more than $250k or twice what the original transaction was worth to the entities.
Criminal Penalties: Up to $1 million and up to 20 years in prison.
These can be on top of any other law the entity or person may have broken and can be combined with any other penalties the DA deems fit.
Section 12.
Judicial processes. Court procedures.