The Surveillance State Expands: The Potential Pervasive Natures of the TikTok Divestiture Law, FISA 702, and the PATRIOT Act

Recent legislation has, again, raised concerns regarding the First, Fourth, andFifth Amendment rights of the American people. While the legislation may carrynoble intentions, The Protecting Americans from Foreign Adversary ControlledApplications Act (H.R.7521), otherwise referred to as the TikTok Divestiture Law,serves as another building block to the surveillance state of the federalgovernment in the guise of national security, as well as an unreasonable shift inseparation of powers. This paper digs into the legislation's language, as well asits implications on personal liberties, in an expansion of broader previousresearch. This paper argues that this legislation exacerbates the trend of erodingprivacy rights and free speech in the modern age. Using a libertarian framework,we explore the incompatibility of personal liberty, the increasing powers of theexecutive branch, and the legislation at hand. We also explore support for thispolicy, including direct communication with a key leader in drafting andimplementing the bill to provide a well-rounded and nuanced view. The objectiveof this paper is to advocate for the rollback of overreaching measures found in thePAFACA, the reauthorization of FISA's 702 provision, and the PATRIOT Act. Thispaper should serve as a blueprint for both the new administration and legislatorsto restore the right to privacy to the American people.