A Simple Way to Regulate TikTok

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A Simple Way to Regulate TikTok
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Alexander Hamilton and Woodrow Wilson would have advice for Congress about TikTok, writes law professor GaneshSitaraman

Ganesh Sitaraman is director of the Vanderbilt Policy Accelerator and a law professor at Vanderbilt University. This essay is draws from his article, After World War I broke out in Europe in 1914, President Woodrow Wilson issued a declaration of U.S. neutrality. Soon thereafter, two U.S. radio stations owned by German companies were accused of violating that proclamation by communicating with German navy vessels to coordinate military activities in the Atlantic. The U.S.

The truth is that debates over foreign ownership of the means of communication is part of an importantin American law. In the Radio Act of 1927, Congress created the Federal Radio Commission and authorized it to license and regulate radio companies, including with restrictions on foreign ownership. With the 1934 Communications Act, Congress once again acted.

During the 19th century, both populist Democrats and liberal Republicans raised similar concerns in the banking sector. During the “Bank War” of the 1830s, Andrew Jackson vetoed the continuation of a national bank in part due to worries of foreign influence. Hethat Bank directors would be responsive to the interests of major shareholders — even if they could not vote for directors. In a time of war, he thought this would be problematic.

In 2020, for example, the Senate Homeland Security and Government Affairs Committee’s permanent subcommittee on investigationsconcluding that the Department of Justice and the Department of Homeland Security had “exercised minimal oversight to safeguard U.S. telecommunications networks against risks posed by Chinese state-owned carriers.

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