On the one hand, using fear to justify colossal incursions by the government into every possible concern has absolutely no place in my heart & I spit at the premise. Fear doesn't justify making an awful bill. Fear didn't justify rescinding American rights broadly for the Patriot Act. Even after that horrible day. It was shit then, it's worse pandering pathetic fear-shit now.

But. I agree:

> it should be discussed in terms of what it does, and not along sensationalist lines.

Both myself and the link I've provided have been remarkably sensationalist, yes. But there's also so many massive escape hatches that give this proposal unlimited blanket power, again and again and again. The start itself is auspiciously broad.

> The Secretary ... is authorized to and shall take action to identify, deter, disrupt, prevent, prohibit, investigate, or otherwise mitigate, including by negotiating, entering into, or imposing, and enforcing any mitigation measure to address any risk arising from any covered transaction by any person, or with respect to any property, subject to the jurisdiction of the United States that the Secretary determines

Off to a brilliantly open start, to pursue not just any potential threat from anyone at all associated with foreigners, but to pursue anything that is in any way even risky.

If something "otherwise poses [ed: under not already listed vague dangers] an undue or unacceptable risk to the national security of the United States or the safety of United States persons", and the Secretary of Commerce "determine[s] ... if such transaction poses an undue or unacceptable risk" and if found to be an unnacceptable risk can then determine "any other action [that] should be taken to mitigate the effects of the covered transaction".

The Secretary of Commerce has to consult with some other heads of government, but then seemingly can say anything is a risk and determine any course of action on their own in response. Sensationalism ahoy but: the Secretary of Commerce just became the 5th branch of government, nice job everyone. Within the first 438 words of law-making we've created a brand new power to do anything against any threat (so long as it has any link or relationship whatsoever to foreigners aka "covered transactions").

Again, this is all the first law-making section (after S1 Short Title, S2 Definitions), "S3. Addressing Information and Communication Technology Products and Services that Pose Undue or Unacceptable Risk." Now, "S4. Addressing Information and Communication Technology Products and Services Holdings That Post Undue Or Unacceptable Risk", throws a little twist in. This time, the Secretary doesn't have any license to "any other action" they deem over any risk arising from a covered transaction. They instead make recommendations to the president over any covered holding that is of a foreign adversary or anyone who the Secretary says might be related, and who "poses an undue or unacceptable risk to the national security of the United States or the security and safety of United States persons." The president can then do whatever they want: "the President may take such action as the President considers appropriate to compel divestment of, or otherwise mitigate the risk associated with, such covered holding to the full extent the covered holding is subject to the jurisdiction of the United States", with again "otherwise mitigate the risk" standing in as a "whatever the fuck we say" carte-blanche statement, as this Restrict act so continuously unlimitedly keeps handing out to everyone, with no checks in sight.

As for how this all goes down? "In carrying out the responsibilities under this Act, the Secretary may establish such rules, regulations, and procedures as the Secretary considers appropriate." So the Secretary can literally make new rules, regulations & procedures on the fly to do anything they want. Hello again 5th Branch.

How can the Secretary find stuff out? Oh they can now ask anyone anything anytime. "The Secretary may require any party to a transaction or holding under review or investigation pursuant to this Act to furnish under oath, in the form of reports or otherwise, at any time as may be required by the Secretary, complete information relative to any act, transaction, or holding, subject to the provisions of this Act."

There's a whole new class of crimes defined by this Act. There's a whole new "Specific Unlawful Acts" section, finding a variety of ways to make unlawful anything that stands in the way of this act or who does not fully participate or who does not turn over a requested piece of information or who in any way aids anyone who does anything to hinder this act. And in case we haven't built a "specific unlawful act" yet, there's the general unlawful act, "It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any regulation, order, direction, mitigation measure, prohibition, or other authorization or directive issued under this Act" which just says anything slowing down the Secretary of Commerce in any way whatsoever is illegal, period.

The Secretary of Commerce has all the cards. Congress can deny adding a Foreign Adversary or removing one. But the Secretary is sole deteminer of who is acting in any way in concordance with a Foreign Adversary or potentially aiding their cause. There's seemingly no one else in the system here. We've created a super-powered position of unlimited enforcement capabilities, with near-infinite purview.

https://www.congress.gov/bill/118th-congress/senate-bill/686...