Xiaomi Sues US Seeking To Reverse Investment Ban (bloomberg.com) 38
AmiMoJo shares a report: Xiaomi has sued the U.S. Defense and Treasury departments, challenging a blacklisting that blocks American investors from buying the Chinese smartphone giant's securities. The lawsuit came after the Defense Department determined earlier this month that China's biggest smartphone maker was affiliated with the People's Liberation Army. Beijing-based Xiaomi called the blacklisting "unconstitutional" and seeks a court ruling to reverse the designation, which was made in the waning days of the Trump administration. "Xiaomi faces imminent, severe, and irreparable harm if the Designation remains in place and the restrictions take effect," the company said in the filing in the U.S. district court of Columbia. The lawsuit also named Defense Secretary Lloyd Austin and Treasury Secretary Janet Yellen as defendants. Under former President Donald Trump, the U.S. had targeted scores of Chinese tech companies citing national security. Huawei Technologies, one of the biggest rivals to Xiaomi in smartphone market, was cut off from its key suppliers as a result of a series of restrictions imposed by the former administration.
Talking about constitution now, are we? (Score:2, Insightful)
Re:Talking about constitution now, are we? (Score:4, Informative)
"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." - 16th Amendment
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the Sixteenth Amendment here: https://www.archives.gov/found... [archives.gov]
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Everytime a libertarian retard opens his mouth. Every. Fucking. Time.
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The federal income tax, for example, is unconstituional.
I see that you know how to read. You appear to have even read part of the Constitution.
Now, keep reading. The Constitution has these things called "amendments".
Let us know when you get to The Sixteenth Amendment [wikipedia.org]. Hint: It is located between #15 and #17.
Oh, who am I kidding. You are obviously too stupid and lazy to do that, so I will just cut and paste the entire amendment since it is only one sentence:
"The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, with
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How is this insightful? You don't think that the US constitution applies to foreigners? This is a ridiculous statement. If someone's a foreigner in the US, you don't think they have e.g. freedom of speech rights, or that they have due process rights, and you can just throw them in jail without process? If someone is a US citizen, you don't think they have due process rights to property they owned in Xiaomi?
The US is supposed to be the "beacon on the hill" but it's being exposed as nothing more than a lo
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If a company is citing the laws of their market, the reverse should be acceptable. The response should "we're the government. Do you demand the Chinese government do as you wish?"
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I dunno, is it against the Chinese constitution?
They have a right to their day in court and can make constitutional arguments.
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So your point is that, since China doesn't abide by their own constitution, America shouldn't either?
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I'm not sure it's being unconstitutional. It's just Xiaomi's claim.
Trade is all about reciprocality. Talk about unblocking when Twitter, Google, Facebook, etc. are allowed uncensored in China first.
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So your point is that, since China doesn't abide by their own constitution, America shouldn't either?
You forced your own ideas towards my way and made it look like I said it... classic chinese move. I've seen it too many times.
I don't give 2 cents if china doesn't abide by any of its own laws... The only thing I care about is that if a foreign company wants some feud with the US government, they better prepare for all possible consequences. Of course the US government has to abide by its own constitution. We are not china.
We don't recognize a foreign company's constitutional rights because their rig
Could a US company sue the China Treasury dept? (Score:5, Insightful)
Could a US company sue the Chinese government if it thought it was was being treated unfairly? This should be the law. If a company from a foreign country wants legal standing in the US then US companies should have the same legal standing in that foreign country.
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Which Chinese law states that Chinese citizens aren't able to own certain US stocks? That's a new one.
Everything in China is affiliated with the PLA (Score:4, Informative)
What part of "murderous genocidal totalitarian regime" don't people understand ?
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Anyone who knows anything about China.
Should we judge every American by the actions of their government? I seem to recall someone doing that about 20 years ago, didn't go down well.
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> Should we judge every American by the actions of their government?
Bzzzz Wrong analogy. We should judge government-controlled companies by the actions of their government.
In the US these are: https://en.wikipedia.org/wiki/... [wikipedia.org]
In China, if we for a moment forget about their laws that all companies would need to "cooperate" with the government (with zero specifics about what "cooperation" means), it at least means state-owned. You get this non-exhaustive list: https://en.wikipedia.org/wiki/... [wikipedia.org]
Guess what'
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https://www.lawfareblog.com/be... [lawfareblog.com]
Examples? Heck, even before the law is written, private corporations cooperate with the government, e.g. large tech companies (I'd not name it, but I know it happens from insiders) help running the Great Firewall. That law just formalizes the de-facto rules.
Pay attention to Chinese language news sources I'm sure you'll find more examples. Google Translate is there if anyone needs it.
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How is that different to a National Security Letter?
And in practical terms how is it different to the NSA 0wning all US corporation's networks and hardware?
"Aw, come on, U.S.!" (Score:2)
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exactly.
Bills of Attainder are not constutional in the USA (Score:2)
See the United States section here: https://en.wikipedia.org/wiki/... [wikipedia.org]
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IANAL too. I have no clue how that would run in courts.
I suspect things that are not constitutional remain unconstitutional for executive actions, but I've seen plenty of unconstitutional stuff leak out in recent years.
China is asshoe! (Score:2)
Don't trade with them, don't deal with them, don't trust anything from China because of the CCP. It's simple. [isasshoe.com]
Impossible != stop trying (Score:2)
In general, just because something seems impossible, it shouldn't stop us from trying our best. Not just over this issue but it universally applies to whatever we try to achieve.
Just send Hunter a check (Score:2)