Wednesday, April 26, 2023

Seriously Auditing the Rich Makes Sense. Seriously Taxing the Rich Can Save Us.


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Sam Pizzigati writes on inequality for the Institute for Policy Studies. His latest book: The Case for a Maximum Wage (Polity). Among his other books on maldistributed income and wealth: The Rich Don’t Always Win: The Forgotten Triumph over Plutocracy that Created the American Middle Class, 1900-1970  (Seven Stories Press). 


Capital Punishment Should Be Abolished, Not Expanded


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Photograph Source: Felton Davis – CC BY 2.0

The death penalty remains a dark blight on the United States’ criminal justice record, and unfortunately, it’s not going away any time soon.

Ron Desantis just signed a troubling law to end the requirement that juries must vote unanimously to recommend the death penalty. Now Florida juries can recommend capital punishment as long as eight out of twelve jurors concur. Executions have been in steady decline in the U.S. as many states move away from the death penalty, but some Republican-lead states have continued their ardent support of putting inmates to death.

States and the federal government ought to end this inhumane and risky form of punishment, not expand its practice.

Capital punishment is not always a seamless process, and botched executions lead to horrific complications in the death penalty. In Oklahoma in 2014, for example, a 38-year-old death row inmate was left “writhing, clenching his teeth and straining to lift his head off the pillow” after being administered what was then a new three-drug-combination for executions, according to an AP News report. The execution proceedings were halted, but the man died of a heart attack 43 minutes from when the execution procedure began.

After three consecutive flawed execution processes, Oklahoma implemented a moratorium on executions in 2015, but in 2021, Oklahoma resumed executions with its three-drug-combination. That same year, John Marion Grant started convulsing and vomiting after the administration of the first of the three drugs which was supposed to knock him unconscious before he ultimately died.

These mishaps render capital punishment more akin to torture than the administration of justice. Drug companies, seeking to avoid association with the death penalty, are blocking the use of their products for death penalty proceedings, causing a nationwide shortage of lethal injection drugs. As a result, states are now looking to experiment with novel means of putting inmates to death.

But all means for carrying out the death penalty have the potential to be botched or induce unnecessary suffering. Even death by firing squad, which some states have recently approved as an alternative to lethal injection, can possibly leave a prisoner conscious and in excruciating pain for a whole 10 seconds if bullets do not hit the right spot.

In addition to the risk of torturing a prisoner, the most problematic element of the death penalty is the possibility of sentencing innocent people.

Since 1973, 191 death-row inmates have been exonerated of all charges. For every 8 inmates executed, 1 death-row inmate is exonerated, and there is strong evidence that numerous individuals have been wrongfully put to death over the past few decades. Unfortunately, prisoners’ cases tend to die with them and receive little attention or investigation once their death sentence is carried out.

The stories of those exonerated, however, conspicuously illuminate how the cards can be stacked against a defendant, resulting in a wrongful conviction. Walter Ogrod, for example, was convicted of murdering a young girl in 1996 and was sentenced to death. Ultimately, decades later, his case was reviewed and re-investigated by the Philadelphia County District Attorney’s Office Conviction Integrity Unit. Patricia Cummings, the unit’s chief, and Assistant District Attorney Carrie Wood wrote in 2020, “At trial, Ogrod found himself adrift in a perfect storm of unreliable scientific evidence, prosecutorial misconduct, Brady violations, and false testimony.” In addition, the detectives handling his case had a knack for employing unscrupulous means to produce wrongful convictions.

Ogrod was exonerated in 2020.

The torture inflicted upon defendants during some botched executions illustrates the inhumanity of the death penalty. But the risk of putting innocent men and women to death should alone be enough for the federal government and the 27 states that still have capital punishment to abolish the practice.

Benjamin Ayanian is a contributor for Young Voices, a PR firm and talent agency for young, pro-liberty commentators. His writing has appeared in the Wall Street Journal, Newsweek, Yahoo News, and more. Follow him on Twitter @BenjaminAyanian.


TV Writers Flex Their Union Power

 

Photo by Nabil Saleh

Television has been experiencing a boom in the United States, the likes of which has never been seen before. Just before the COVID-19 pandemic hit, there were 532 scripted TV shows that were broadcast or streamed the year before—an all-time high. In 2022, there were 599. In fact, according to FX Network Research, since 2012 there has been a steady increase in the number of scripted shows, except for a small dip due to the lockdown-related production halt in 2020.

These new heights in television production can be attributed largely to streaming services such as Netflix—a company that has been offering up tantalizing on-screen fiction for the past decade since “House of Cards” first debuted as an exclusively streaming show on the platform. But the primacy of streaming is also the reason why TV writers are now threatening to go on strike. For years, streaming services have slashed residual payments, which writers rely on, prompting the Writers Guild of America (WGA) to vote to strike.

The turnout for the WGA vote strike, which took place on April 17, broke records, with nearly 80 percent of the union’s members casting ballots. Of that number, nearly 98 percent voted to strike. These numbers are significantly higher than in 2007, the last time WGA members voted to strike and actually carried out their threat (a 2017 strike was narrowly averted). The union, which represents more than 11,000 writers, has the potential to bring the TV industry to a screeching halt if negotiations with media companies, represented by the Alliance of Motion Picture and Television Producers (AMPTP), break down by May 1, the last day of WGA’s current contract.

Three major unions dominate Hollywood’s television industry, representing writers, directors, and actors: the WGA, the Directors Guild of America (DGA), and the Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA), respectively. Both DGA and SAG-AFTRA will also start negotiations shortly with the AMPTP ahead of their contracts ending on June 30. There is potential for multiple overlapping strikes in the coming months, leaving Hollywood’s television industry on edge, even as most of the nation enjoys the fruits of its work, blissfully unaware of the tensions brewing between creators and corporate producers.

The stakes are high. Already Netflix is boasting that it can rely on foreign labor to weather a potential WGA strike. The company’s co-CEO Ted Sarandos said a day after the strike authorization vote that if writers went on strike, “we have a large base of upcoming shows and films from around the world,” adding, “We could probably serve our members better than most.” Networks are also stockpiling scripts in preparation for a potential writers’ strike.

TV producers hold massive financial power in an industry whose cultural influence sweeps across the world. While writers, directors, and actors are the ones whose creativity powers the direction of new, innovative content, their bosses—executives at Netflix, Hulu, HBO Max, and Disney—have driven down the costs of labor to maximize profits.

Residuals, which are extra payments made to creative workers each time their shows re-air, used to provide stable incomes for TV workers in between jobs. Streaming services negotiated minuscule residuals years ago when they were minor players within the TV landscape. Now, although they dominate the scene, streaming producers are continuing to pay their workers insultingly low residuals. Worse, many creators are finding that platforms will disappear their projects altogether in order to get a tax write-off and avoid having to pay them.

TV producers are also cutting costs by canceling shows abruptly—a move that could disproportionately impact diversity on-screen. Television is one of the world’s most powerful narrative-setting industries, influencing culture in ways that can determine day-to-day policies. According to GLAAD, “For many Americans, it was television shows that gave them their first images of same-sex couples, and a chance to recognize the commonalities with their own lives.” This in turn helped lay the foundation for the legalization of same-sex marriage within years.

Television has the potential to do the same for racial justice issues. According to the latest Hollywood Diversity Report, “people of color have made tremendous advances among broadcast, cable, and digital leads in recent years,” and “Black and multiracial persons exceeded proportionate representation among leads in 2020-21 for cable and digital scripted shows.” Still, the report concludes that there is not enough parity overall.

Now, in search of profits, TV producers are cutting costs by canceling already green-lit projects. “[T]he streaming explosion has lost steam,” declared MarketWatch. TV networks and streaming platforms ordered nearly a quarter fewer shows in the second half of last year compared to the year before. John Landgraf, chairman of FX Networks, who is credited with coining the term “Peak TV,” worries that cost-cutting will impact the representation of racially diverse communities.

It appears as though, in addition to using foreign-sourced projects and stockpiling scripts as leverage, TV’s corporate executives plan to approach union negotiations by touting the notion that television output is peaking and therefore costs such as baseline pay and residuals cannot be increased.

Yet, media companies have enough money to buy one another, spending billions on mergers and acquisitions. A year ago, Amazon acquired MGM Studios for $8.5 billion; and Warner Brothers, which owned HBO Max, merged with Discovery to the tune of $43 billion. Earlier this year, Showtime announced a merger with Paramount+. Predictably, these companies are announcing cuts to their workforce to pay for such consolidation.

But workers still have leverage. David Slack, a WGA union member and a writer and consulting producer on “Magnum P.I.,” told the Washington Post, “The power to withhold our labor is the only tool we have to get the studios to pay us what’s fair.” He added, “Our products are the foundation for all the billions of dollars of revenue that these entertainment companies generate, and we need to be compensated for that.” Los Angeles Times columnist Mary McNamara distilled the dynamic succinctly: “If studios and platforms want to be in the original scripted content business, they need to make that business work for the people writing those scripts. It’s that simple.”

The last time TV writers went on strike, it lasted a whopping 100 days and cost the economy of Los Angeles more than $2 billion. If writers go on a prolonged strike, there will be a ripple effect, putting actors and directors out of work as well. There can be no scripted television if no one is writing the scripts.

Sonali Kolhatkar is the founder, host and executive producer of “Rising Up With Sonali,” a television and radio show that airs on Free Speech TV (Dish Network, DirecTV, Roku) and Pacifica stations KPFK, KPFA, and affiliates. 

What’s Wrong With Biomass Burning? Everything!


  APRIL 25, 2023

 APRIL 25, 2023

Biomass plant, Boardman, Oregon. Photo: Jeffrey St. Clair.

Presently around the West, the Forest Service, timber advocates, and far too many conservation organizations are promoting biofuels and biomass energy as “Green Energy.” The FS and its allies want to cut more wood (which they term fuels or “waste” while I call it wildlife habitat and carbon storage) from the forest and use it to produce some products that society values, like jet fuel or even heating buildings.

But the only thing “green” about biomass energy or fuel is the subsidies that government agencies bestow.

Those promoting the biomass fuel and energy juggernaut suggest that burning wood is “clean energy “and carbon neutral. However, biofuels and biomass energy are not clean, not carbon neutral, and not sustainable.

For instance, the City of Prineville, Oregon, promotes the construction of a 20 MW biomass burner. In their promotional literature, the city says: “The City and County will utilize the PREP to reduce the risk of severe wildfires, reinvent jobs in the natural resources/forest products industries, diversify energy supplies, reduce CO2 emissions, and reinvigorate the community and local economy, all while offering a clean, renewable energy source.”

In announcing its intention to construct biomass burners, Mount Bachelor  Ski Resort makes the same happy talk about the benefits of wood-burning biomass.

And just this week in California, another biomass burner is about to be constructed in Birney–with the same delusional remarks about “clean” energy and how it will convert “waste” wood into electrical power.

Prineville, Mount Bachelor, and other promoters of biomass are feeding the public timber and biomass industry propaganda. I am sure they believe what they are saying but ignore contrary information.

SUBSIDIES AND ECONOMICS

Most biomass burners are not economical. They often receive massive subsidies of two kinds—direct funding from government agencies and the environmental damage they promote.

In most cases in the West, the wood source or “fuel” for biomass operations results from deforestation. These deforestation projects destroy biodiversity, pollute the land and air, and worsen climate change. And like almost all Forest Service logging projects, they also lose money, so they are yet another form of subsidy.

The other subsidies are direct grants and funding that biomass projects receive from government sources.

Recently the City of Prineville received a million-dollar grant from the Forest Service to help construct its proposed biomass burner.

The biomass burner being constructed in Burney, California received a $5 million dollar grant.

Like other projects, Mount Bachelor’s proposed biomass burner is subsidized with state and federal government grants. So why should taxpayers be funding a private business?

An even worse waste of tax dollars is the Red Rocks Biofuel plant in Lakeview, Oregon which has received over $350 million in public funding. Making these subsidies all the more disastrous is that the Red Rocks plant has never opened and recently went bankrupt.

The Red Rocks proposal was supported by a $75 million funding award from the Department of Defense, more than $2 million in infrastructure improvement from the town of Lakeview, and about $300 million in tax-exempt economic development bonds issued in 2018 through the state of Oregon. Unfortunately, all of these taxpayers and bondholders are losers.

The only good thing about the demise of the Red Rocks Biofuel project is that it means fewer trees will be logged to supply the plant with its biomas from the Fremont National Forest.

Due to the cost of transportation, cutting trees for wood burner operations typically is only economical for a 25–35-mile radius. Two things occur as a result.

First, biomass burners must bring fuel from more distant sources, which adds to their costs, often absorbed by ratepayers or government subsidies. The burner operations put more pressure on federal and state forests to provide more local fuel, which can lead to even more significant deforestation.

Furthermore, they remove funding from less polluting and destructive projects like distributed solar.

POLLUTION

Another problem with the moniker that biomass is “clean” is that they pollute the atmosphere with carbon and toxins that are damaging to health. Participant matter from burner emissions is continuous throughout the year rather than associated with one-time seasonal events like wildfires. People with asthma and other breathing issues are vulnerable to emissions.

Proponents argue that biomass burners operate at high temperatures that eliminate most toxins. But they don’t tell the public that during the start-up and shutdown phase, burners operate at far lower temperatures and emit significant amounts of pollutants during these periods.

Even worse for the atmosphere and human health is that biomass burners often consume the available nearby wood and then start to include building waste, railroad ties, tires, and other materials that contain numerous toxic materials in the mix.

WOOD IS AN INEFFICIENT ENERGY SOURCE

Because wood is less “energy dense” than alternatives from coal to natural gas, it requires more of it to produce the same amount of heat or “work” as producing electricity. So to get the same amount of energy for generators, wood-burning operations release far more carbon per unit of electrical power than alternative fuels. I’m not arguing that we should burn fossil fuels-we need to reduce all forms of carbon fuel sources, but believing that the substitution of wood is better than other fuels is misleading.

Researchers working with the Natural Resources Defense Council (NRDC) concluded that a wood-burning plant would have higher net carbon emissions than a comparable coal plant for the first 4 decades or more of operations.

The problem for society is that we must reduce all carbon emissions now. If the ice sheets melt in the next 20-30 years and flood places like Miami or New Orleans, it doesn’t matter if, in 40-50 years, burning wood might have less overall emissions (due to carbon capture by the new growth of trees over decades).

CARBON RELEASES

Logging the forest releases stored carbon. Industry shills suggest that burning wood is different from burning natural gas or other fossil fuels because it is “biogenic carbon,” meaning the growth of trees produces it, thus carbon “neutral.”

Logging in Oregon easily contributes far more carbon into the atmosphere than even the worse large blazes. Indeed, 35% of Oregon’s carbon is the result of logging.

An article in Earth Island Institute provides some clarity on wood and carbon. “About 28 percent of tree carbon is contained in branches, which is emitted when burned after logging operations. An additional 53 percent of the carbon in trees removed from forests is emitted as waste in the manufacturing and milling process. Overall, about two-thirds of the carbon in trees that are logged for lumber quickly become greenhouse gas emissions.” Since biomass operations burn an even greater amount of the tree (like branches), the amount of carbon released is significantly greater.

The green piece of the pie represents the amount of Carbon emissions from logging and wood products in Oregon. 

However, this biocarbon has taken decades to centuries to accumulate but is released immediately when burned. Since most biomass operations use whole trees, they effectively release the bulk of all stored carbon.

Even a forest fire does not release most of the stored carbon. Instead, carbon remains on site as snags, down wood, roots in the ground, and charcoal. Though much of this may be released over time as decomposition occurs, it may take centuries to release all the available carbon in a tree.

FLAWED ASSUMPTIONS ABOUT “FUELS” AND FIRES

A further complication is that these projects, often subsidized by state and federal government grants, are based on flawed assumptions about logging projects on public lands. For example, most of these biomass proposals argue that we must reduce the density of trees on forestlands to eliminate or at least diminish major wildfires.

For instance, the city of Prineville, Oregon, is building a biomass burner using a grant from the Forest Service. Unfortunately, similar biomass burners or other facilities like biomass fuel production, including a plant by Lakeview, Oregon, are all heavily subsided by federal grants, not to mention the removal of wood from forest ecosystems.

All of these projects are using wood cut on national forest lands predicted on the premise that logging will preclude or slow wildfire spread and reduce carbon emissions. However, there is an abundance of scientific studies that present contrary evidence. Climate and weather are the primary drivers of large western blazes, not fuels.

For instance, in 2018, researchers from Oregon State University in Ecological Applications reported: “Daily fire weather was the most important predictor of fire severity, followed by stand age and ownership, followed by topographic features. Estimates of pre-fire forest biomass were not an important predictor of fire severity.”

They conclude: “Our findings suggest intensive plantation forestry characterized by young forests and spatially homogenized fuels, rather than pre-fire biomass, were significant drivers of wildfire severity.”

Similarly, another review paper that looked at 1500 fires in ponderosa pine and mixed conifer forests across the West concluded that active forest management (AKA logging) resulted in higher severity blazes than areas with no logging or other fuel treatments.

Plus logging emissions are far greater than those resulting from wildfires says OSU researcher Bev Law : “When you have a disturbance such as fire, and when wood is removed and harvested and put into wood products, you have to follow the carbon,” she said. “And it turns out that … harvest-related emissions are five to seven times that of the fire emissions in Oregon.”

PROFORESTATION

One of the best ways we can promote carbon storage is through trees. Proforestation provides a bridge for society that will allow us to move from burning fossil fuels to alternative energy sources (including simply energy conservation through the insulation of structures).

Merely allowing trees to mature and grow can store significant amounts of carbon are nearly no cost. The best use of our national forests is not for wood production but for carbon storage. Of course, this would also have ancillary benefits like providing wildlife habitat, preserving wildlands, and reducing government waste (currently going to promote biomass operations).

Bev Law of Oregon State University along with colleagues advocates creating strategic forest reserves to promote carbon storage and biodiversity protection.

As Bill Moomaw of Yale University suggests: “The most effective thing that we can do is to allow trees that are already planted, that are already growing, to continue growing to reach their full ecological potential, to store carbon, and develop a forest that has its full complement of environmental services,” said Moomaw. “Cutting trees to burn them is not a way to get there.”

George Wuerthner has published 36 books including Wildfire: A Century of Failed Forest Policy

The Korean Peninsula and the US Drumbeat to War in East Asia


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South Korea’s far-right President Yoon Suk-yeol, who was elected by a narrow margin of 0.7% last year, is in Washington, D.C. this week for a state visit at the invitation of President Biden.

According to The New England Korea Peace Campaign, Boston Candlelight Action Committee, and Massachusetts Peace Action which are preparing to hold a protest on Friday, April 28th in Cambridge, MA during Yoon’s visit to Harvard, “Since entering office, Yoon’s right-wing administration has expanded costly and provocative US-ROK military exercises, heightened tensions with North Korea, rolled back workers’ rights, threatened to abolish the ministry of gender equality, and has taken many other actions to undermine struggles for peace and justice in South Korea”.

Indeed, backed by Washington, President Yoon has pursued extreme hawkish policies directly against South Korea’s national interests.

Yoon’s state visit comes at a time when South Korea is experiencing unprecedented crises on the political, economic and national security fronts as a consequence of the Biden Administration’s unrelenting pressure on South Korea to join the US anti-China bloc.

Moreover, domestically, Yoon has installed a new National Security State, which experts refer to as the “republic of prosecution.”

His administration is engaging in a massive political witch-hunt of his opponents, arresting key top officials of the previous Moon administration, and targeting the opposition Democratic Party and progressive political leaders.

Yoon is using South Korea’s national-security laws and red-baiting rhetoric to crack down on unions and those who are working for peace and unification.

For example, on January 28 of this year, Jeong Yu-JIn, Director of Education of the Gyongnam Progressive Alliance and a mother of two, was arrested on charges of being a North Korean spy, an allegation she has steadfastly denied. Having been arrested, detained, and forced to make a false confession without access to an attorney, she engaged in a 40-day hunger strike in detention, which she only ended after 300 Koreans joined her hunger strike in solidarity. Although the hunger strike severely harmed her health, she remains steadfast and is preparing for her trial, with her greatest fear being that her two children remain without the care of their mother indefinitely.

Yoon’s eagerness to prove his administration’s worth as a linchpin in Washington’s new Cold War in Asia means that there will be more repression and prosecution such as this.

Washington’s backing of a repressive political regime under an extreme far-right president whose inexperience in foreign policy and disregard for political norms is ushering in a new era of domestic and international uncertainty and risk for South Korea.

Washington’s policies run directly counter to the sentiments of the majority of South Koreans, who strongly support balanced foreign relations with Russia and China, meaningful reconciliation with Japan, and peace with North Korea.

According to recent polls, 80% of Koreans oppose the degree to which Yoon has capitulated to Washington’s imposition of its anti-China policy on South Korea.

Washington’s endorsement of Yoon and its support for his new National Security State directly contravenes the majority of South Korean public opinion.

According to recent figures, the Yoon administration has an abysmal 19% public approval rating.

While the purpose of Yoon’s state visit is to prove his relevance to US imperial ambitions in Asia, Washington’s increasingly heavy-handed management of its one-sided relationship with South Korea is causing it to lose the battle for the hearts and minds among the South Korean public.

An Evening With Noam Chomsky:

The Korean Peninsula and the US Drumbeat to War in East Asia

Presented by JNC TV

April 26th, 2023, 4:00 PM PST/April 27, 8:00 AM KST

Moderator: Simone Chun, Korea Policy Institute

Webinar in English, Q & A in Korean and English

Join us for a critical discussion with Noam Chomsky regarding the disastrous implications of Washington’s military encirclement of China on the future of the Korean Peninsula. This forum is endorsed by 35 international peace organizations working to foster global activism to counter the growing danger of US brinkmanship in the Asia-Pacific region.

Register: https://bit.ly/3ljXUPh

Youtube Live: https://youtu.be/MWd7G42-uHs

Contact: simonechun@gmail.com

Endorsed By: Action One, Korea Atlanta Civic Action, Channing and Popai Liem Education Foundation, Civic Group INDEPENDENCE, CodePink, Justice  & Peace Committee, New York, Korean American Public Action Committee (KAPAC), Koreans for Woori Schools, Korea Policy Institute, Korea International Peace Forum, Korean Progressive Coalition of Seattle, Korean New Zealanders for a Better Future, Massachusetts Peace Action, National Committee for Independent Democracy and Peaceful Reunification, New England Korea Peace Campaign, Peace Action, Peace21, Peace Philosophy Centre, Vancouver, Canada, RootsAction.org, Seattle Evergreen Coalition, The Campaign for Peace, Disarmament and Common Security, The 6.15 US Committee for Reunification of Korea, The National Institute of Hahm Sok Hon Philosophy, People For Peaceful Korean Unification, Toronto Citizens Alliance for Peace, Toronto Chapter for Korean Universal Basic Income, University of Toronto Alumni for Korea Peace, Veterans For Peace, chapter 113 Hawaii, Veterans For Peace, chapter 69, San Francisco, VFP’s Korea Peace Campaign, Women Cross DMZ, World BEYOND War.

TikTok and US National Insecurity


 

 APRIL 25, 2023
 APRIL 25, 2023

Photograph Source: Solen Feyissa – CC BY-SA 2.0

High-tech spying is in the news because of the one-sided, hypocritical debate in Congress on whether the popular app TikTok is actually a tool for Chinese government data collection on American users. The sensitivity of the issue has to do not only with rivalry with China but also the fact that the US government has recently been the target of hackers.

In November 2021 President Biden banned use of Pegasus, a powerful Israeli-made surveillance tool, by all US government agencies. His order came in the wake of two developments: hackers who used Pegasus to break into the phones of some State Department employees, and investigative journalism that revealed use of Pegasus by many governments, democratic as well as autocratic, to break into the cell phones of political opponents and human rights activists.

As the New York Times has just found, not all US agencies have apparently gotten the message; an unnamed government agency is said to be using the nearly undetectable surveillance device in Mexico. Meantime, the phones of 50 more US government employees have been hacked.

The US case against TikTok, however, sidesteps two matters: the US government’s own spying on citizens under cover of law, and the questionable political motives that seem to dictate the specific effort to kill TikTok.

Fear of Spying

Congress members are far more concerned about the US government as victim of spying than as perpetrator. We’ve just been reminded of that with the top-secret documents hacked by an Air Force reservist that revealed US spying on various allies as well as on Russia.

That spying is widely considered legitimate, but Congress members prefer to forget the long history of government spying on unsuspecting citizens, a history that goes well beyond the Cold War. Various agencies—Homeland Security, the FBI, the Department of Justice, the State Department—have monitored social media to report on “national security” dangers.

Leaders of Black Lives Matter, left and right political parties and resistance groups, immigrants from Muslim and socialist countries, environmental activists—the list of targeted groups is long. To that list should be added the mainstream social media—Facebook, Twitter, Google—that have given government agencies access to users’ personal information and communications. Their data collection probably exceeds TikTok’s, but somehow they are not considered national security threats.

Legislation passed with strong bipartisan support in Congress has cemented the government’s right to invade privacy, most recently to combat terrorism. The Foreign Intelligence Surveillance Act (FISA) of 1978 permits electronic and other means of surveillance of US citizens suspected of being “agents of foreign powers.” A FISA court, consisting of 11 federal district judges appointed by the chief justice of the Supreme Court, considers applications to carry out surveillance and may issue warrants based on probable cause.

FISA has been amended several times—the USA Freedom Act (2015) is the latest version—but has been challenged as an unconstitutional violation of personal liberty. That’s because catching terrorists was used to justify creation of a huge data base that went well beyond counterterrorism.

The Freedom Act puts some limits on metadata collection, but still has provisions for warrantless surveillance, for instance against whistleblowers such as Edward Snowden. Courts have rarely ruled against US government intrusion, usually when national security is the justification.

But then there’s the 2013 case in which the Supreme Court, in a 5-4 ruling, decided that Amnesty International lacked standing to challenge FISA. The case was brought against James Clapper, then director of national intelligence.

The TikTok “Threat”

To judge from the virulence of the rhetoric, TikTok is one of China’s biggest threats to US national security. Congress members actually seem to believe that killing off TikTok would be a major victory over a malevolent foreign power—a way to “protect Americans from the technological tentacles of the Chinese Communist Party,” as House Speaker Kevin McCarthy put it. TikTok is owned by Bytedance, a Chinese technology company, but its CEO claims the company does not share data with the Chinese government, has independent management, and is willing to store its US data in the US.

Now I have to say that I have never used TikTok, nor do I even know anyone who does. But the roughly 150 million Americans who use it swear by it; TikTok has become an icon of US culture.

A number of countries, including the European Union, Denmark, New Zealand, and India, have restricted government use of TikTok or banned it altogether. But I have yet to see evidence that TikTok is channeling Chinese propaganda or amassing anyone’s personal data to be offloaded to Beijing.

Yet Congress members, and the Biden administration, are determined either to ban TikTok or force its sale, which the Chinese government opposes on the grounds that would harm investments in the US. The political lineup against TikTok mirrors the bipartisan consensus in Congress that is hostile to most anything Chinese-made or owned.

Allowing TikTok to continue operating but ensuring that its database resides in a US server such as Oracle would seem to be a reasonable answer for those who insist TikTok is a security threat. At one time the administration supported that idea.

But now we learn that Biden has “endorsed a bipartisan Senate bill that would give the Commerce Department the clear power to ban any app that endangered Americans’ security.”

That’s the authoritarian solution, but it would probably satisfy the China hawks, who love the prospect of turning public attention away from America’s real security issues. Their posturing on TikTok may fool some people, but far from strengthening national security, it reveals how insecure government leaders are when dealing with China.

Mel Gurtov is Professor Emeritus of Political Science at Portland State University, Editor-in-Chief of Asian Perspective, an international affairs quarterly and blogs at In the Human Interest.