Memo: Project Texas, National Security, and TikTok

 

What’s the big deal with TikTok anyway? More than I can say here. But this memo is a start to understanding the different forces at play, only few that have been covered here.

The current controversy over TikTok is not just a technical policy problem; it’s a pressing issue that demands urgent action. The debate over TikTok’s ownership structure reveals underlying tensions over national security, corporate governance, and social media’s increasingly global nature. Such a backdrop underscores the need for swift action.

China’s mastery of collecting and mining first-party data is central to its commerce and technology industries. […] Reports have suggested that data collected by Chinese commerce companies has been used for discriminatory purposes and surveillance. The inseparable relationship between some Chinese tech companies and the government has intensified concerns about data’s potential use in matters of national security. (2PM)

Project Texas, a sweeping effort by TikTok that cost $1.5 billion to mitigate national security concerns in the United States, is a quintessential example of digital solutions to geopolitical challenges at their best and worst. The effort was meant to separate TikTok’s United States business from its Chinese parent company, ByteDance, by ensuring that American users’ data would be stored on Oracle’s cloud infrastructure and creating a separate subsidiary in the United States. However, new evidence shows that such efforts would be more symbolic than substantive.

According to Texas Monthly, Project Texas’s operations would be monitored by an in-house committee approved by the U.S. government called TikTok U.S. Data Security. Project Texas would essentially act as a firewall, ensuring that the Chinese government couldn’t access U.S. user data and that Oracle would oversee it all. (Mashable)

Several former TikTok employees told Fortune that data continued to be sent to ByteDance executives in Beijing even after starting Project Texas, with the “stealth chain of command” remaining in place. One former data scientist explained that sending spreadsheets of sensitive user data from the United States to ByteDance staff in China was a regular procedure, raising questions over the efficacy of the proposed separation of data efforts.

The seriousness of the problem has been compounded by the passage of the Protecting Americans From Foreign Adversary Controlled Applications Act (U.S. Congress), a harsh ultimatum that ByteDance must divest TikTok’s United States business or face a ban. The legislative move reflects Congress’s frustration over technical mitigation efforts and its call for a more fundamental makeover of TikTok’s ownership structure.

Oracle’s potential role in this drama is particularly intriguing and I will not be opining beyond what has been reported. As TikTok’s chosen technology partner for Project Texas, Oracle was positioned as the guardian of American user data. However, the relationship raises questions about data privacy and corporate control. While Oracle represents a U.S.-based alternative to Chinese ownership, critics might argue that transferring vast amounts of user data from one large technology company to another doesn’t necessarily resolve fundamental privacy concerns.

Oracle’s deep ties to the U.S. intelligence community add another layer to this situation. The company has a long history of providing database and cloud infrastructure services to various intelligence agencies, including the CIA and NSA. Oracle’s Government Cloud offerings are specifically designed to meet the stringent security requirements of intelligence operations. This background makes Oracle an appealing partner from a national security perspective, but it also raises questions about the extent of potential government surveillance and data access under Oracle’s stewardship of TikTok’s user data.

The stakes are enormous. TikTok’s 170 million U.S. users represent a massive audience and a thriving ecosystem of creators, advertisers, and businesses dependent on the platform. The Indian experience, where TikTok was banned in 2020, offers a cautionary tale. While domestic alternatives emerged, they struggled to replicate TikTok’s success, and ultimately, established U.S. platforms like YouTube and Instagram became the primary beneficiaries of TikTok’s absence.

ByteDance’s resistance to selling TikTok highlights the complexities of forced divestment. The company argues that TikTok’s success is inextricably linked to its underlying technology and algorithms, which are subject to Chinese export controls. This creates a catch-22: a sale that satisfies U.S. security concerns might strip TikTok of the very features that made it successful, while a sale that preserves TikTok’s functionality might not adequately address national security concerns. This resistance underscores the intricate balance that must be struck between national security and technological innovation in the current geopolitical landscape.

The debate over TikTok’s future also reflects broader questions about the relationship between social media platforms and national security. While concerns about potential data access by the Chinese government are legitimate, they exist alongside similar concerns about data privacy and algorithmic influence that apply to all social media platforms, regardless of ownership. This broader perspective is crucial in understanding the multifaceted nature of the issues at hand and the need for comprehensive regulatory frameworks.

Project Texas’s apparent failure to satisfy U.S. lawmakers points to a fundamental disconnect between technical solutions and political concerns. While TikTok invested heavily in creating a data governance structure that would theoretically address security concerns, the company couldn’t overcome the fundamental trust deficit created by its Chinese ownership. This suggests that corporate structure and national origin matter more than technical safeguards in an era of increasing techno-nationalism.

The potential Oracle ownership scenario presents its challenges. While Oracle’s U.S. base might satisfy national security concerns, questions remain about whether the company could maintain TikTok’s innovation and user experience. Oracle’s enterprise-focused business model differs significantly from the consumer-oriented social media space, and there’s no guarantee that Oracle’s corporate culture would support the rapid innovation that has characterized TikTok’s success. This detailed analysis provides a nuanced understanding of the potential outcomes of different ownership scenarios.

The TikTok controversy is not just about a particular platform; it’s about setting key precedents for how democratic nations interact with foreign-owned technological platforms. The outcome of this affair is likely to profoundly affect future investment patterns in technology companies, in addition to determining international standards of data governance. This is a turning point that is likely to decide the course of future regulation of technology, underscoring the need for more sophisticated policy approaches to regulate technology. This paragraph by the South China Morning Propaganda was fascinating:

Instead of acknowledging the poor treatment of a legitimate Chinese business operating in the US, some people point to the absence of foreign social media platforms in China and allege exclusionary practice. To clarify, China has the same set of regulations for both domestic and foreign companies. If US companies stayed out of the Chinese market because they were unwilling or unable to comply with local regulations, it is their choice and not, as some claim, due to the barriers Beijing set up. (SCMP)

While a binary option of imposing a sale or a ban addresses short-term security issues, it is not a medium-term approach to managing similar challenges in the future. As technology increasingly integrates globally, policymakers must design more sophisticated mechanisms that balance national security objectives with the benefits of cross-national technology transfer. This requires a cautious and judicious approach, emphasizing the need for scrutiny in technology regulation.

Currently, TikTok’s fate is in limbo in the face of divergent visions of technology governance and national security. Whether via Oracle’s purchase or a different arrangement, the company’s future will likely differ from its heritage. The challenge is in determining a practical path that protects the innovation and creativity that brought TikTok to fame while, at the same time, addressing genuine security issues in a more complex global technical sphere. TikTok is back online.

Pesquisa e redação por Web Smith 

Nota do editor: Estou voltando à forma depois de uma lenta recuperação de um incidente cardíaco ocorrido em dezembro de 2024, que continua a me afetar de maneiras que diminuíram minha capacidade. Desculpe-me por isso, mas estou bem.

Fontes:

  1. Centro de Políticas Tributárias
  2. The Wall Street Journal
  3. Bureau of Labor Statistics
  4. Análise de varejo da Bloomberg
  5. Business Insider - Análise da Amazon e da USPS
  6. Cobertura comercial da CNBC
  7. Índice de Confiança do Consumidor do Federal Reserve
  8. Harvard Business Review
  9. Cobertura da marca New York Times
  10. Mergulho no varejo
  11. Perspectivas do varejo da Deloitte
  12. Relatórios da McKinsey sobre a cadeia de suprimentos
  13. Alfândega e Proteção de Fronteiras dos EUA
  14. Financial Times
  15. Fortune - Perspectivas do setor de defesa

Deep Dive: 2025’s Politics, Logistics, and New Rules

The Section 321 loophole is done for. Or is it?

Section 321 is a provision under U.S. Customs and Border Protection (CBP) regulations that allows certain goods to enter the United States without incurring customs duties or taxes. To qualify, shipments must meet the de minimis threshold, which is currently set at $800 per shipment, per person, per day.

The advantages of Section 321 are significant for DTC brands. It helps reduce international shipping expenses, accelerates the cross-border shipping process, and provides these companies with a competitive advantage by lowering overall costs.

The way Section 321 works is straightforward: it exempts shipments valued below the established threshold from paying taxes and duties, simplifying and speeding up the clearance process, allowing goods to reach consumers more quickly and efficiently.

One year ago today, I wrote on forward-thinking look at 2024 and the three issues that will define commerce. Scroll 13 paragraphs in and you will find the following:

Another issue relates to customs duties, where Shein benefits from the de minimis trade rule, exempting imports under $800 from fees. Critics argue that this provision was intended for personal items, not as a loophole for corporations relying on low-cost, high-volume shipping.

Countless direct-to-consumer apparel retailers have been dependent on a related mechanism of that loophole. In November, President Claudia Sheinbaum penned a letter to Donald Trump:

For every tariff, there will be a response in kind, until we put at risk our shared enterprises. Yes, shared. For instance, among Mexico’s main exporters to the United States are General Motors, Stellantis, and Ford Motor Company, which arrived in Mexico 80 years ago. Why impose a tariff that would jeopardize them?

Such a measure would be unacceptable and would lead to inflation and job losses in both the United States and Mexico. I am convinced that North America’s economic strength lies in maintaining our trade partnership. This allows us to remain competitive against other economic blocs. For this reason, I believe that dialogue is the best path to understanding, peace, and prosperity for our nations. I hope our teams can meet soon to continue building joint solutions.

As of December 19, 2024 – just 356 days after the publishing of “2024,” that loophole was addressed by the President of Mexico. According to Craig Fuller, CEO of Freight Waves:

Mexican President Claudia Sheinbaum has issued a decree that effectively ended the popular “border-skipping” strategy many U.S. e-commerce sellers used to avoid tariffs on Chinese goods. This decision, which was announced on Dec. 19 and took effect immediately, primarily targets apparel imports and is set to have far-reaching consequences for the industry.

This explains they what, why, and how. And then the where brands will go from here.

The Recent Decree

The recent decree by Mexican President Claudia Sheinbaum to restrict textile imports under the IMMEX program marks a critical turning point in the ongoing struggle between global commerce and national security. For years, U.S. eCommerce companies exploited the “border-skipping” loophole, importing goods from China into Mexico and shipping them to the U.S. in smaller shipments valued under $800 to avoid tariffs. This strategy, enabled by the de minimis provision in U.S. law, allowed businesses to circumvent customs duties and take advantage of Mexico’s low labor costs and favorable trade position.

In theory, the decree responds to growing concern in Mexico over the negative impact of imports on its domestic textile industry. Through the restriction of the importation of finished goods and the rise in tariffs on certain textiles, the government is trying to protect local jobs and bolster domestic manufacturing, which the competition for cheaper imported goods has challenged. President Sheinbaum seeks to fill the gap between Mexico’s textile industry and the growing dependency on low-cost imports from countries like China. While those changes will undoubtedly affect U.S. companies that use Mexican warehouses for their eCommerce business, they point out a much bigger problem: the intersection of commerce and national security. This could potentially lead to a shift in the U.S. economy, as companies may need to find allied governments to partner with for alternative sources for their products, potentially impacting jobs and consumer prices.

The decision to limit the IMMEX program and put in place higher tariffs is a response to a few geopolitical and economic factors, including ongoing trade tension between the U.S. and China and broader worries over national security stemming from China’s deepening influence over trade and currency manipulation. As noted in previous discussions, eCommerce giants like Shein have used the de minimis rule to inundate the U.S. market with cheap, often poor-quality, goods while paying no U.S. import duties. While this may benefit consumers by driving down prices, it has tended to weaken the competitiveness of American manufacturers – a likely goal of the Chinese government. It has also provoked national security concerns about what Chinese companies might obtain through consumer data. In response, U.S. policymakers considered measures to protect domestic industries and national security, potentially destabilizing trade dynamics and global commerce.

The new restriction on Mexican textile imports come when global supply chains face significant disruptions. Companies that once depended on Mexican fulfillment centers to are now rethinking their logistics stacks. The new tariffs, including increased apparel imports from 20-25% to 35%, will disrupt operations for many of these eCommerce brands. The additional costs will now have to be absorbed by these brands or alternative sources of supply have to be found. The changes will make it more difficult for U.S. companies to take advantage of Mexico’s IMMEX program, which allowed them to temporarily import raw materials and finished goods for re-export to the U.S. without paying duties.

This new landscape is of significant concern to the smaller and mid-sized brands, many of which had grown accustomed to the advantages of the de minimis provision. Now, these brands, which used to treat Mexico as a low-cost fulfillment hub, are disadvantaged by their larger competitors and burdened by higher import duties and more complex logistics. A large number of these smaller retail companies are looking for new fulfillment centers and 3PL providers to help them navigate this new reality.

The direct consequences of this decree have already started creating ripples up and down the supply chain, including notices from some logistics providers, such as XB Fulfillment, to their customers that they would no longer be able to import apparel into Mexican warehouses. These companies seek ways to mitigate the disruption by searching for other 3PL providers in different regions, such as Canada or the Dominican Republic, where trade agreements may offer more favorable conditions. As the retail sector grapples with these changes, it’s becoming clear that a comprehensive strategy to address these logistical challenges will be necessary.

Without the Shein and Temu conversations, we wouldn’t be having conversations about the Mexico Loophole.

This new policy shift also brings attention to the broader national security issues tied to global commerce. The intersection of retail and national security has become increasingly evident, especially as tensions between the U.S. and China continue to escalate. As I mentioned in my last post on December 28, 2024, the confluence of increased influence by China in global eCommerce has created a perfect storm of vulnerabilities across the global supply chain. Retailers now must consider how their dependence on foreign suppliers and international logistics can be a double-edged sword, exposing them to economic risks and potential security threats.

De Minimis Revisited

The rise of eCommerce companies in China, such as Shein, which has rapidly developed into one of the world’s biggest clothing brands, is emblematic of how the old demarcation lines between commerce and national security are blurring. By capitalizing on low-cost, small-batch production, data-driven demand forecasting, and a vast digital presence, Shein’s business model has disrupted traditional retail channels. Being based in China, Shein has faced questions regarding its collection of data and potential ties to the Chinese government’s broader surveillance efforts. These are not theoretical issues; there are practical consequences. Without the Shein and Temu conversations, we wouldn’t be having conversations about the Mexico Loophole.

The consequences of these problems go beyond the eCommerce companies themselves. The very nature of the global supply chain is increasingly a complex battleground, where governments are more actively engaging in the regulation of trade practices that could have economic consequences. The United States has been focusing on lessening its dependence on Chinese products, notably in strategic sectors such as technology and manufacturing (CHIPS Act). This change is furthered by the growing recognition that global supply chains are susceptible to geopolitical disruptions. As seen during the Suez Canal crisis, when shipping traffic was disrupted due to attacks by Iranian-backed forces, the flow of goods can be instantly halted with far-reaching economic consequences. The Suez Canal is only one example of the susceptibility of the retail sector to geopolitical instability in a crucial artery for global trade.

Looking ahead, U.S. eCommerce companies will need to reevaluate their reliance on the loopholes of the de minimis provision and the IMMEX program. As the recent restrictions by Mexico show, governments are taking a more proactive role in regulating international trade to protect domestic industries and national interests. The disruptions caused by these changes underscore the importance of developing a more resilient and diversified supply chain strategy. This is not just a challenge, but an opportunity for companies to be proactive and prepared for the changing global trade landscape. Those companies that can move the fastest and embrace new trade routes, such as those via the Dominican Republic, will be best positioned to navigate these challenges.

The Dominican Republic as An Alternative

I recently did a bit of research on this matter and in doing so, I had the opportunity to help a flagship direct-to-consumer brand navigate their acute scenario: millions of dollars in their products, stuck in San Diego, awaiting payment of steep duties.

Larimar Logistics offers a feasible alternative to companies seeking a strategy away from Mexico as a reliable substitute for traditional fulfillment centers with access to U.S. markets while avoiding potential risks arising from the newly imposed tariffs by Mexico. These benefits come with added value to the brands via the beneficial trade agreements and expanding infrastructure of the Dominican Republic, maintaining continuity in their low-cost and efficient delivery of orders, thereby bypassing growing import costs from Mexico.

When comparing the Dominican Republic (DR) to Mexico (MX), several key benefits make Dominican Republic a more advantageous option for eCommerce fulfillment and manufacturing. The DR does not face the recent IMMEX duty-free apparel ban, allowing companies to avoid the restrictions now in place in Mexico. Additionally, DR operates under the Central America-Dominican Republic Free Trade Agreement (CAFTA-DR), which provides preferential access to the U.S. market and advantageous trade terms.

The labor market in DR is not only more affordable but also more stable, ensuring longer-term cost efficiency and operational continuity. Goods imported directly into DR are not subject to the 18-month customs clock that Mexico enforces, further streamlining the process. This significantly reduces potential delays and complications in customs.

Unlike Mexico, DR experiences no port congestion, which allows for quicker deliveries—particularly to the U.S. East Coast—providing a major advantage in meeting tight delivery timelines. And Larimar Logistics boasts robust capabilities in decoration, assembly, and production, particularly in sectors like footwear and apparel, which are critical for many eCommerce brands.

The DR offers a 100% reduction in duties and tariffs, ensuring that retailers don’t lose out on the savings generated by a more cost-effective manufacturing and shipping environment. In short, DR stands out as a strategic, efficient, and cost-effective solution for brands seeking to stay competitive in a rapidly shifting global market.

While the lines between commerce and national security continue to blur, companies must continue being agile and proactive regarding anything to do with their approach toward supply chain management. These changes are a big challenge, but they open opportunities for companies to rethink and re-strategize plans to build their global operations more resiliently and securely.

Pesquisa, dados e redação por Web Smith

Editor’s Note: 2PM will be publishing a follow up on Friday (May 3) that features the words of ten executives in Mexico. Five believe that the decree will be stayed by the Mexican government and five believe that the decree will stand. I spoke with 16 executives in total. This detail will be available to 2PM members.

Memo: “Buy Now”

I did something slightly different this year: I opted out of Black Friday and Cyber Monday.

It was an experiment to see if I could withstand the many advertising and consumer forces that I always loved. eCommerce has long been a drug of choice and I’d been in denial about the hold it had on me. But my push to change didn’t start with America’s biggest holiday.

Earlier in the fall of 2024, I adopted a new philosophy: I would not purchase an article of clothing unless I felt that it would last my natural lifetime (this excluded many technical fabric textiles). From there, I selected a minimalist number for each category of my wardrobe items:

  • Six sweaters or sweatshirts
  • Five pairs of pants
  • Six polo shirts
  • Three belts
  • Three pairs of shoes

I would then rotate these pieces based on the day and combination. The goal? To reduce my personal spending and address my reliance on an overburdened textile industry rife with harmful materials and processes—each contributing to an outcome that was invisible for far too long. Brands like Indi+Ash, Firstport Company, Sid Mashburn, Fair Harbor, and Merz B. Schwanen led the fall/winter wardrobe. Ministry of Supply was the only exception to this rule; they’ve since ventured into products manufactured sustainably.

This became a deliberate shift in mindset and, therefore, the basis upon which I approached the consumption framework that perfectly aligned with the themes in Buy Now! The Shopping Conspiracy.

Sustainable fabrics, even more sustainable fabrics. Both longer-lasting.

Netflix’s documentary Buy Now! The Shopping Conspiracy came right on time in the run-up to Black Friday and Cyber Monday – a cultural phenomenon that epitomizes consumerism at its most extreme. As holiday sales are about to overwhelm people, the film deconstructed how multinational corporations engineer overconsumption that results in environmental and social devastation. The documentary’s release was a kind of reminder that this shopping frenzy is not just an economic event; it is also environmental and psychological, with effects reaching far beyond the holiday season.

The Engineered Cycle of Overconsumption

Directed by Nic Stacey, Buy Now! shows global brands using sophisticated marketing and conversion rate optimization tactics that trap consumers in an endless buying cycle. Former executives from companies such as Amazon, Apple, and Adidas admit their roles were to optimize consumption. From sleek advertising to disposable product designs, corporations have made shopping seamless-one in which consumers act on impulse rather than need.

The film’s narrator—a digital assistant-inspired character named Sasha—walks viewers through staggering statistics. Globally, 2.5 million shoes are manufactured every hour, and 13 million mobile phones are discarded every day. These numbers are presented through vivid animations, illustrating the sheer scale of production and waste. It’s a problem largely hidden from the consumer’s view but painfully visible in places like Ghana, where mountains of discarded clothing and electronics accumulate, as documented by the Or Foundation.

The Black Friday Effect

The Black Friday and Cyber Monday phenomenon is a philosophy that Buy Now! sets out to challenge. Once an American ritual connected to Thanksgiving, Black Friday has gone global, long-removed from its historical context. In the United Kingdom, Black Friday has been embedded into the retail calendar for a little more than a decade, primarily driven by online giants like Amazon.

It is not consumer demand that drives this growth but an ecosystem predicated on short-term gain over long-term sustainability. Companies push products to fail or become obsolete to drive consumers back into the marketplace. This is called planned obsolescence, wherein a steady stream of revenue is ensured while leaving a legacy of waste.

What this reveals more poignantly, however, is Amazon’s place within that narrative. It’s this frictionless buying that the company has – first – pioneered and – second – mastered. This vivid history was shared by former user experience designer Maren Costa. One-click purchasing and speedy delivery reduced barriers to buying on psychological levels and made it easier for consumers to rack up goods. Later let go (reportedly due to her activism within Amazon), Costa revealed the tension between corporate objectives and individual initiatives that work for change.

The Global Waste Crisis

The ecological consequences of consumption are overwhelming; more than 15 million pieces of clothes, rejected mainly by Western consumers, arrive in Ghana each week. These often consist of low-quality, fast-fashion items that cannot be repaired or sold and thus enter the textile waste stream. Similarly, this proliferation has created a new category of electronic waste. Much of it lands in landfills or is incinerated and releases toxic chemicals into the air.

Stacy’s documentary underlines the fact that the problem is not only one of waste management but also one of production and consumption. As former CEO of Unilever Paul Polman says in the film,

Away isn’t a magic place; it’s just somewhere else on Earth.

From clothes to electronics to plastics, the products of our lives rarely meet their maker when they leave the consumer’s hand; instead, they linger on as pollutants, microplastics, or non-biodegradable waste.

The Role of Consumers and Corporations

The film made a point that while individual actions, such as buying less and repairing items have value, the scale of the problem demands systemic change. This requires not just changes in consumer behavior but also in corporate practice and public policy. Several contributors to the film put forward a number of directions in which movement might take place:

  • Extending Product Lifespan: Companies should focus more on making products durable than disposable. One of the very striking examples was drawn from the movie-a Hong Kong-based cloth manufacturer that 15 years ago tested garments, washing them 50 times to ensure their good service life. Nowadays, companies have given up such policies in favor of cheaper quick fixes.
  • Policy Interventions:Through the use of appropriate legislation, governments could offer incentives for sustainable practices and wasteful ones. For instance, policies requiring companies to manage end-of-life disposal of their products,  like extended producer responsibility in some regions.
  • Consumerism Consciousness: The film does not directly blame the consumer but it does make the consumer stop and think about how they consume. 

The Black Friday Paradox

The timing of Buy Now! underlines a paradox: Black Friday and Cyber Monday are – both – holidays of consumption and a time for reflection. While millions peruse retail websites, the film challenges viewers to consider the real cost of what they buy. The temptation of discounts often blinds consumers to the hidden costs: environmental degradation, labor exploitation, and the perpetuation of a wasteful system.

To retailers, Black Friday has become a make-or-break moment. Companies pump money into advertising and logistics to capture as much consumer spending as possible. But as Buy Now! made clear, this relentless drive for growth is coming at the expense of sustainability. Even brands that tout themselves as ecologically friendly are not beyond reproach; greenwashing, or making spurious claims about environmental benefits, is rife during the holiday season.

Hope Amid the Chaos

But despite the bleak subject matter, Buy Now! ends on a note of hope. The film found particular traction among young people, many of whom have been discussing the topic – both at the micro and macro levels – on TikTok. And the #BuyNow hashtag has accumulated millions of views, indicating a growing consciousness.

The documentary’s immediate success is proof that times are changing. According to Stacey, people who don’t even call themselves environmentalists have been inspired to think twice. It’s at least a cultural shift that can help grease the wheels for systemic changes more broadly.

*****

The lessons learned go far beyond Black Friday and Cyber Monday. Consumers must avoid the equating of happiness with material possessions. Corporations will also have to adapt to a new paradigm where sustainability will stand shoulder to shoulder with profitability. As the documentary eloquently concludes, “Whoever dies with the most stuff does not win.” The true measure of progress lies not in how much we consume but in how thoughtfully we live. This was another record-breaking Black Friday.

Sustainability is the wrong word, we need a reversal of policy, a reversal of collection, and a solution for the waste that has already left our grasp – from cardboard box to $17 Temu dress and $9 disposable men’s razor.

Por Web Smith