The recent debate in the U.S. Congress, Supreme Court, executive branch, and broader public around banning the social media platform TikTok has sparked heated debates on privacy, data protection, and national security. But is a ban really a solution, or is it merely a temporary fix to a much deeper, systemic issue? While banning TikTok might seem like an easy answer, it highlights a broader problem — the gap between data protection regulations, knowledge gaps among legislators, and the larger digital divide in American public policy.
One of the most glaring problems in the United States is the lack of cohesive data protection laws. Unlike the European Union (EU), which implemented the General Data Protection Regulation (GDPR) in 2016 to ensure that personal data is handled with care, the United States remains without an equivalent nationwide framework. Even the United Kingdom, despite Brexit, has adopted its version of the GDPR, the UK GDPR, showing a stronger commitment to privacy protection.
The difference in regulatory approaches between the United States and other developed nations like the EU and the UK reflects a significant gap in public policy. While these countries have proactively developed systems to protect citizens in the digital age, the United States struggles with fragmented state laws and a lack of federal legislation. For example, states like California have taken the lead with the California Consumer Privacy Act (CCPA) in 2018 and its 2020 update, the California Privacy Rights Act (CPRA). Other states, like Virginia and Colorado, have followed suit with similar laws. But this piecemeal approach is far from ideal. It creates confusion and inconsistency, leaving citizens unprotected and businesses uncertain.
Part of the reason for this regulatory fragmentation is a significant knowledge gap between technology and lawmakers. A 2020 survey from the Knight Foundation revealed that 74% of Americans are concerned about the spread of misinformation online, and 68% are worried about the privacy of their personal data. Yet, when it comes to legislation on these issues, Congress often struggles to understand the intricacies of the technologies they are regulating. This gap was made painfully clear during congressional hearings with Big Tech where lawmakers seemed ill-prepared to address the complex issues raised by platforms like Facebook, Google, and TikTok. Big Tech has often attributed their success to the complete lack of regulation in the United States and have often argued that imposing any such regulations would stifle innovation and growth, therefore hindering their competitiveness at home and abroad.
For a number of reasons, the legislative branch is failing to keep up with the pace of technological advancement. Although initiatives like TechCongress, a startup non-profit whose fellowship programs place computer scientists, engineers, and other technologists to serve as technology policy advisors to members of Congress, these efforts are still limited. By 2026, TechCongress plans to have only 60 technologists in total working with Congress. While this is a step in the right direction, it is clear that more needs to be done to bridge the knowledge gap.
The federal government is at a crossroads. As technology continues to shape every aspect of our lives, from how we communicate to how we work and shop, there is an urgent need for informed policymaking. The failure to address digital privacy and data protection on a national scale leaves Americans vulnerable to exploitation by tech companies and foreign adversaries. Without a robust and informed policy framework, we risk losing hard-fought civil rights protections, as algorithms embedded with biases could reinforce discrimination in ways that are invisible to the average citizen.
A failure to act will only exacerbate the growth of the digital divide in policy and expertise, and Americans will be left to navigate a digital landscape that lacks the protections they need and deserve. To remain a global leader, the United States must prioritize digital literacy in its government and implement policies that safeguard the rights of all citizens. This means not just banning apps like TikTok, but tackling the underlying issue of data privacy and security with the urgency and expertise it deserves.
Katherine Salinas is Senior Program Coordinator for the Technology Policy program at ORF America.