Prompted by confusion and misinformation, a detailed look into the Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act (RESTRICT Act) is necessary. This piece of legislation, centered on mitigating the national security threats brought about by foreign-controlled technology, has sparked off speculations among netizens, politicians, and commentators about its impact on ordinary Americans.

Tracing the Source of Misinformation

An Instagram video shared on April 11th inaccurately declared that the RESTRICT Act would empower the U.S. government to penalize individuals with a felony and a $1 million fine for owning a VPN. This claim was marked as potential misinformation by Meta, as part of its battle against fake news on its platforms. Former Democratic representative for Hawaii, Tulsi Gabbard, echoed the sentiment, stating that the RESTRICT Act penalizes VPN usage heavily.

Unpacking the RESTRICT Act

The RESTRICT Act, presented as Senate Bill 686, proposes to grant the commerce secretary extensive powers to oversee technology owned or influenced by six countries perceived as U.S. adversaries: China, Cuba, Iran, North Korea, Russia, and Venezuela.

The legislation’s objective is to enable the Commerce Department to actively manage transactions involving tech products and services linked to a foreign adversary, which are seen as risks to U.S. national security or the safety of its citizens. Despite the rumors, the bill does not explicitly mention TikTok, nor does it ensure the banning of the popular app.

Addressing the Fear of VPN Criminalization

Critics of the bill have stoked fears that the RESTRICT Act, if turned into law, could outlaw VPN usage. To set the record straight, a VPN is a tool that creates a secure, encrypted connection over the internet, safeguarding sensitive data from unauthorized access. The term “VPN” does not appear in the RESTRICT Act’s 55-page document.

That said, some experts in data privacy and national security warn that the law could potentially result in a TikTok ban, with any attempts to bypass this ban, such as VPN usage, rendered illegal. This stems from a clause in the bill that states anyone who willfully violates or attempts to violate any regulation or prohibition under the RESTRICT Act could be penalized with up to $1 million in fines, 20 years in prison, or both.

Setting the Record Straight

The Instagram post misconstrued this clause, alleging that merely owning a VPN could lead to a felony charge and a $1 million fine under the RESTRICT Act. Senators Warner and Thune, who co-introduced the bill, have emphatically denied these allegations. According to them, the criminal provisions in the bill are aimed at corporations and executives, not ordinary Americans.

However, given the lack of precedent and the vagueness of the language used, it’s challenging to predict exactly how the RESTRICT Act will be enforced, points out Sarah Philips of Fight for the Future, a digital rights advocacy group.


Our Verdict: Mostly False

The claim stating that the RESTRICT Act could lead to a felony charge and a $1 million fine for merely owning a VPN is mostly false. The bill does not specifically mention VPNs, and according to its sponsors, it targets corporations and executives, not individual users. Despite the element of truth that VPN usage to circumvent potential app bans might be penalized, the broader context is ignored, leading to a mostly false conclusion.


FAQs


The RESTRICT Act, or the Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act, is a bill introduced in the U.S. Senate. It aims to mitigate potential national security threats from technology owned or controlled by foreign adversaries. The Act empowers the Department of Commerce to regulate transactions involving tech products and services linked to these adversaries if they pose a risk to national security or the safety of U.S. citizens.


No, the RESTRICT Act does not explicitly mention or ban TikTok. While the bill’s sponsors have voiced concerns about TikTok and its potential national security implications, the Act takes a broader approach and does not single out any specific app or technology.


The RESTRICT Act does not mention “virtual private networks” or “VPNs” specifically. Critics and some experts express concern that the Act, if passed, could be interpreted in a way to make using a VPN to bypass potential app bans illegal. However, the bill’s sponsors have stated that the legislation’s criminal provisions target corporations and executives, not individual users.


The Act states that anyone who willingly violates, attempts to violate, or conspires to violate any regulation or prohibition under the RESTRICT Act could face penalties. These could include a fine of up to $1 million, imprisonment for up to 20 years, or both.

As of now, the RESTRICT Act has been introduced in the Senate and referred to the Committee on Commerce, Science, and Transportation. It has not yet been debated or voted on. The White House has expressed support for the bill, calling it “a systematic framework for addressing technology-based threats to the security and safety of Americans.”