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The Courts Government Social Networks United States

Trump's TikTok Ban Temporarily Blocked by US Judge (forbes.com) 85

Forbes reports that TikTok "cannot be shut down in the United States next month, a U.S. District Court judge ruled Friday afternoon, the latest setback in President Donald Trump's push to force the Chinese-owned app to be transferred to American ownership." In an August executive order that labeled TikTok a national security threat, Trump required Beijing-based tech company ByteDance to sell its popular short-form video app to an American firm by Nov. 12, or else the federal government would enforce restrictions on data transfers that effectively make the app unusable. Pennsylvania Judge Wendy Beetlestone blocked that order Friday, issuing a preliminary injunction while the court considers a lawsuit brought by several TikTok content creators.

Beetlestone said Trump probably doesn't have the power to block TikTok: he tried to force a sale using a 43-year-old law that gives him broad power over international transactions that pose threats to national security, but that law exempts "informational materials" like artwork and news, a category Beetlestone said includes TikTok videos...

The U.S. Department of Commerce plans to comply with Beetlestone's injunction, but it will "vigorously defend" Trump's executive order from this legal challenge, a spokesperson told Forbes.

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Trump's TikTok Ban Temporarily Blocked by US Judge

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  • He continually oversteps his authority on alleged "national security" grounds. It is reassuring to see that he is *FINALLY* being blocked on this, not so much because I care what happens with TikTok, but because it gives me some hope for a reasonable response when he doubtlessly tries to use the same allegation of "national security" in 3 days to manipulate himself into being the winner of the election, regardless of actual vote count.

    I'm almost afraid to hope, however. He's pulled this stunt so many times already during his presidency inappropriately and has continued to get away with it, that I honestly can't say I that even this glimmer of hope has changed my expectations.

    But it's still hope. And that's still a good thing.

    • The president's authority under 721(d) is pretty friggin broad, when it comes to covered transactions (TIDs). The law is that of the president finds there is a likelihood that the transaction by a foreign power is a risk, that decision is non-appealable.

      One of very few exceptions is written or artistic media, information. Here TikTok is arguing that basically ByteDance is like a painting.

      • by mark-t ( 151149 )
        Yes, but evidently it only appears to require the president to say that he believes there is a threat to national security, independent of whether or not this belief is even genuine.
        • Yep.

          What presidents actually do, but don't have to, is send it over to CFIUS. Rather than spending a couple of weeks of their own time investigating the situation personally. The committee investigates, and the president follows their recommendation.

          In this case once ByteDance violated the terms of the original acquisition, I'm.not surprised the committee decided they'd had enough of ByteDance. Especially with the minority leader of the Senate pushing for enforcement against ByteDance.

  • by Anonymous Coward

    By the time this decision can be overturned our national security will have been completely destroyed by TikTok's devastating short dance clips.

  • by fermion ( 181285 ) on Saturday October 31, 2020 @07:53PM (#60670376) Homepage Journal
    While Trump occasionally makes a decision that can be, after the fact, be justified using traditional and rational legal or ethical basis, his decisions are always initially based on who he likes and does not like, and who honors or does not give him enough extrinsic justification for his life.

    His Tik Tok ban is solely a result of the k-pop crew embarrassing him in his super spreader Tulsa event. Millions of ticket reserved, only a few thousand people there. It hurt his fee-fees, and he can't tolerate it.

    Three is good reason to have a debate about the net value of Tik Tok, just like al social media. It is not however an issue of China, as China can buy all the data it wants from Facebook, Google, the NRA, the state of California. Tik Tok does not give it any advantage more or less than any other social media.

    • His Tik Tok ban is solely a result of the k-pop crew embarrassing him in his super spreader Tulsa event.

      I used to believe that as well but that doesn't explain why he is attempting to do the same thing to WeChat. After more thought, his motivations are more likely to shut down all forms of communication that are not directly controlled by U.S. companies and are therefore harder to use government powers to access the data. What is even scarier is that forcing TikTok to be under control of Oracle (yes, I k

  • No wonder America is losing to China, if you want a quick census of idiots in america, the TikTok American count is a good start.
  • by Skapare ( 16644 ) on Saturday October 31, 2020 @08:00PM (#60670396) Homepage

    does that law also apply to the outgoing data during signups of new users?

    blocking outgoing data from their app focuses the issue on the actual threat, that China could be acquiring information about US citizens. they can run tests of the app to see where the info goes if they change the addresses. they already have the data of existing users. so what if existing users can continue to exchange videolets. no security issue there if they are getting new data from signups.

    and no, i am not one of their users.

  • by balaam's ass ( 678743 ) on Saturday October 31, 2020 @08:19PM (#60670458) Journal

    How many of us saw the headline and thought that's what the article was about (and then with a shrug, found it unsurprising)?

  • What good is the rule of law if too strict an adherence to it causes the country to be endangered by an implacable foe like communist China? Does the rule - of - law demand that we be threatened and destroyed, sacrificed on the alter of inflexible law? The law must at least allow and support the continuing existence of the country in which it exists or it is a malevolent force, not a beneficial one, and, inevitably destroys itself and whatever good it can bring to a free people. We do not owe our avowed ene

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