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Social Networks The Courts United States

TikTok Says US Ban Inevitable Without a Court Order Blocking Law 110

TikTok and Chinese parent ByteDance on Thursday urged a U.S. court to strike down a law they say will ban the popular short app in the United States on Jan. 19, saying the U.S. government refused to engage in any serious settlement talks after 2022. From a report: Legislation signed in April by President Joe Biden gives ByteDance until Jan. 19 of next year to divest TikTok's U.S. assets or face a ban on the app used by 170 million Americans. ByteDance says a divestiture is "not possible technologically, commercially, or legally."

The U.S. Court of Appeals for the District of Columbia will hold oral arguments on lawsuits filed by TikTok and ByteDance along with TikTok users on Sept. 16. TikTok's future in the United States may rest on the outcome of the case which could impact how the U.S. government uses its new authority to clamp down on foreign-owned apps. "This law is a radical departure from this country's tradition of championing an open Internet, and sets a dangerous precedent allowing the political branches to target a disfavored speech platform and force it to sell or be shut down," ByteDance and TikTok argue in asking the court to strike down the law.

TikTok Says US Ban Inevitable Without a Court Order Blocking Law

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  • Oh no! (Score:3, Insightful)

    by mobby_6kl ( 668092 ) on Thursday June 20, 2024 @02:12PM (#64564655)

    Anyway. How's the weather?

    • by Osgeld ( 1900440 )

      hot

    • by Ksevio ( 865461 )

      It's not really a good thing the way it's being done. US lawmakers are sort of skirting their responsibilities by aiming just at TikTok rather than implementing legislation that would protect the privacy and data of citizens.

      Of course they have to protect the local social media consuming all our data

      • What would a privacy and data law look like when it comes to a service owned and managed by a foreign power who dgaf?

        • by Ksevio ( 865461 )

          Similar to the GDPR. If they have a presence in the US then they'd face fines. If they don't have a presence then they wouldn't be able to take payment from US customers

      • Yeah kind of, but still better than doing nothing.

  • by GotNoRice ( 7207988 ) on Thursday June 20, 2024 @02:30PM (#64564721)
    The "Open Internet" that first came into *common* usage in the 90's was built upon idealistic post-cold-war optimism where for a brief moment in time it seemed like global peace between major countries might actually be a lasting reality. Fast-forward to today, and we now have two sets of people: The people who understand that the "open internet" died a long time ago, and those who are still latching onto denial. China loves the idea of an "Open Internet" as long as that "openness" only works one-way.
    • by Chas ( 5144 )

      I wouldn't say the world changed.

      The primary problem is people tried to change the wrold.

      But the world refused to change.

      • All that happened is that corporations, followed closely (or hand in hand) by governments, figured out how to exploit and influence people on the internet the same as they do the physical world.

        Different place or time, same old story.
    • by ceoyoyo ( 59147 )

      Nonsense. The strategy of appealing to Americans' xenophobia to achieve otherwise illegal domestic ideological or economic goals is tried and true.

      Example, prohibition of marijuana. The propaganda:

      https://sites.uab.edu/humanrig... [uab.edu]
      https://ww2.kqed.org/lowdown/w... [kqed.org]

      The motivation:

      Harry Anslinger, Commissioner of the US Federal Bureau of Narcotics
      (https://www.csdp.org/publicservice/anslinger.pdf)

      You want to know what this [war on drugs] was really all about? The Nixon campaign in 1968, and the Nixon White House

      • That's nice.

        Anyway, there's no value in having your citizens taking drugs with street names like, "dope".

        Maybe having millions of stoned out people wasting space is bad all on it's own?

        • by MikeS2k ( 589190 )

          Maybe US Citizens should have this thing I often hear about called "Freedom", meaning they are adult enough to make their own decisions about the substances they consume? Then again, judging that the average mental age of your average US citizen is about 14, maybe they aren't adult enough at all.

          • by ceoyoyo ( 59147 )

            To be fair, less than half of Americans read at greater than a grade six (12 year old) level. Which I would argue makes it less moral to propagandize them, not more.

        • by ceoyoyo ( 59147 )

          I figured you were an "ends justify the means, so long as I like the ends" kind of guy.

    • The American idea of free speech was not created in 1991, it was born 250 years ago when the First Amendment was signed. And opposing a foreign power's propaganda and influence tool is not the same as opposing free speech.

      That is an insidious false equivalence.

    • The "Open Internet" was always a daydream, kind of like the Wild West. People loved the freedom of the American West, before it was civilized. But civilized it was, and people had to start following rules, just like everywhere else.

      Once the internet grew up past its original freedom-loving ways, it was bound to be locked down too. Remember when SMTP was completely open, didn't even require authentication? Right, those days are gone.

    • ... that "openness" only works one-way.

      It's not China's fault the USA has a Section 230 law, or the USA lacks a privacy law, or the USA lacks a genuine truth-in-advertising law, or the USA is strongly anti-socialist (despite having socialist services, such as education and vaccinations), or the USA is strongly pro-corporatism (a variant of fascism), or US-ians think their preferred political party will fix everything they dislike. It's like a naked USA touching it toes on a street-corner: If the USA is abused, that's a USA problem. The USA sh

      • So you want to ban TikTok?

        • ... ban TikTok?

          My rant declared US hyper-partisanship is the problem. The country has a culture that demands extreme polarization and forces ordinary US-ians into ignoring poor leadership (See: Benghazi 'witch-hunt', Hunter Biden conviction). A lot of entities benefit from that incompetence. Banning one of them, for example, China, won't improve 'national security'.

  • I'm PRETTY sure that TikTok needs banning, but as an Old, it's hard to know if that's based on principle or just irritation with the Youth of Today.
  • Foreign ownership of a social media platform may be necessary to avoid state sponsored censorship. Dropping the iron curtain would be easy if all platforms are domestic.
    • So what you're saying is, you'd rather that a foreign company were censoring our social media and maybe using it for antiamerican propaganda as well, right?
  • Another reason to ban TikTok is it's full of idiots spreading useless medical information. I just listened to this report on NPR, written version here [npr.org] talking about how stupid GenZ "influencers" are arguing against using sunscreen as though it's somehow more toxic without it. And now dermatologists are seeing an uptick in people in their 20's with melanoma.

    TikTok is a blight giving a voice to people who shouldn't, not even counting the whole Chinese influence thing.

    • Re:Misinformation (Score:4, Insightful)

      by Burdell ( 228580 ) on Thursday June 20, 2024 @03:39PM (#64564911)

      But misinformation is not unique to TikTok or any foreign-owned social media... if the concern was misinformation, then there should be laws against misinformation, not targeting a single source because "omg CHINA".

      • if the concern was misinformation, then there should be laws against misinformation

        Absolutely, and to make this work we'll need a Ministry of Truth to determine what the truth is so we have a way to clearly know what misinformation is. I can see this working out oh so well.

      • I understand your point; social media has this issue ongoing. TikTok just happens to be focused on the younger generations, which as a generation have the least useful information to provide anyone.
    • Oh please, TikTok has been around that long. Cancer doesn't work like that. All kinds of cancer are increasing in youth, called "early onset cancer".

      https://www.nature.com/article... [nature.com]
    • Another reason to ban TikTok is it's full of idiots spreading useless medical information. I just listened to this report on NPR, written version here [npr.org] talking about how stupid GenZ "influencers" are arguing against using sunscreen as though it's somehow more toxic without it. And now dermatologists are seeing an uptick in people in their 20's with melanoma.

      TikTok is a blight giving a voice to people who shouldn't, not even counting the whole Chinese influence thing.

      That's not a TikTok exclusive problem though. That comes down to education. And since we've spent forty plus years gutting education, people no longer have the ability to reason or to think about situations from the perspective of "is this reflective of reality, or does it seem completely fabricated?" That's not an issue you fix by pulling information sources from people. Unfortunately, we're at a point where it would take a full generation, or more, if we switched to actually giving a shit about education

      • by HiThere ( 15173 )

        No. It is not down to education. What it's the result of is the opening up of easy communication channels to everyone. Most people will be "sort of reasonable", but there will always be a highly motivated fractions that aren't...and the more extreme positions are the ones that are more noticeable. So the communication channels will tend to favor the more extreme views, as that attracts interest. (Note that "correct","honest", "insightful", or "truthful" doesn't appear anywhere in this formula.)

        And peop

  • It should be a deadline of internet timeline speed, my question is why does it have to take until NEXT year? They should have had only 90 days to comply.

    If politicians actually cared about 'saving us' then as soon as the Bill passed TikTok should have been banned until becoming compliant. That way there is no wishy-washy deadline that the next politician can kick down the road until the next voting cycle.
  • Seriously... nothing at all.

    • Seriously... nothing at all.

      What happens when they go after /.? parler? truth social? What about some retailer? I don't see an objective reason why we're banning TikTok vs any other site. I don't use TikTok...never will...but I am not really comfortable with this. I would prefer we have clearly stated rules and they have not objectively stated why TikTok needs to be banned or what they can correct about their behavior to avoid the ban...beyond not being owned by a Chinese company. Otherwise, this is arbitrary censorship and I'm

      • Are any of those owned by a hostile foreign nation?

        • by dgatwood ( 11270 )

          ByteDance is only 1% owned by the CCP, so by that standard, probably all of them are. But the CCP's golden share in ByteDance gives their government a guaranteed board member, which on a three-person board, represents vastly disproportionate influence over the way ByteDance is run compared with what a 1% share in Facebook (for example) would give them. :-)

          • Every Chinese company is literally 100% controlled by the Chinese military, by law. Even as a Chinese citizen, you are required by law to cooperate fully with the military in all aspects of their lives and business.

            This was of course, always true, but they made it very explicit just a few years ago.

        • One can make the same argument then about US companies...???
          • Yes, people do make stupid moral equivalence all the time. Cuz they're stupid.

            • OR, they are not American and don't believe the USA is the greatest...
              • Do they think their enemies, countries the like of China, Russia, and North Korea, have their citizens' best interests at heart more than their own citizens?

                If you say 'yes' you're a fucking moron, or you're arguing in bad faith.

                • There is far more to the world than just those countries.
                  Just because the US way of doing things is familiar to you, it does not make it the best way.

                  Do a search on US world rankings for Health, Education, Democracy, Capitalism, Corruption, violent crime, mass shootings, infant mortality, happiness, work life balance, freedom of the press, prison population, etc etc etc.
                  • None of what you just said has anything to do with what I said.

                    • Oh, but it did.
                      The USA is not the country you think it is. If the USA thought it was in their best interests to sacrifice another country, they would not even blink.

                      And this...simply because they were going to go into competition to supply Bananas and how US elite were going to lose their control.

                      https://www.zinnedproject.org/... [zinnedproject.org].
                    • I literally did not say anything like any of that. But you keep straw manning yourself. I'll watch.

      • by dgatwood ( 11270 )

        What happens when they go after /.? parler? truth social? What about some retailer? I don't see an objective reason why we're banning TikTok vs any other site.

        None of those other sites have a representative of a potentially hostile foreign government holding one-third of the power on their board of directors.

      • Which is more scary, unfettered access to you by anyone from outside the country or, a border if you will, between different countries protecting their citizens?

        This border already exists in the physical world, why is it so scary 'on the internet'?

        The 'one world' internet is great until it isn't. Local social interactions are the first to whither.

        But if you are someone with interests that don't match anyone in your local physical world I can understand why it might be scary to lose that. Nothing is
      • If the court upholds the law, the interpretation will be narrow.
  • by Schoenlepel ( 1751646 ) on Thursday June 20, 2024 @04:07PM (#64565015)

    99% don't have any stuff worth spying. The 1% (and that's optimistic) who actually are interesting to be spied upon, should get government issued phones, where all apps on the phone are vetted by an intelligence agency, or at least get a work phone which is completely locked down.

    This ban is absolutely absurd. There are apps which ask for way more invasive permissions, which come from sources who are a lot less reliable than Bytedance.

    If Tiktok gets banned in the US, the entire world is qualified to ban Meta and Google (in the least) over the exact same concerns. I wonder how much the US uses those platforms to spy on citizens (and their important persons) of other countries.

    No, this ban is simply an anti-competitive action by the US government, no more, no less.

    This is the same situation where there were concerns by the US government of the Chinese technology industry supporting its military. Certain companies were banned over this, and the Chinese tech industry is being targeted because they might support China's military. Here's the deal: in the US the tech industry also supports the US military. Do they get banned in other countries? Nope.

    This obsession of the US government with the Chinese tech industry has exactly one purpose, and one purpose alone: to make sure China remains dependent on the US for its technology. God forbid the US might lose its hegemony!

    • I'm actually for a big ban fest!

      This global economy thing is proving to be a house of cards. Eventually all that will be remaining is one corporation that owns everything.

      The global one big social society thing will also prove to be such a disaster. Everyone will be subscribed to one or two influencers and nothing else will matter because everyone will think the same because they simply aren't offered any other thought.
    • If Tiktok gets banned in the US, the entire world is qualified to ban Meta

      If you can make that happen, we've got a deal. Throw in Twitter while you're at it.

      The rise of social media is probably the one thing everyone can point to as a cause for the rancor and discontentment we're currently experiencing; example: every economic indicator we have shows the US economy is doing awesome right now, but everyone still "feels" like it's terrible while they're in good shape themselves, most everyone they know is in good shape, we have 50-year lows on unemployment, 0.0% inflation in the m

    • Yikes! (Score:4, Funny)

      by matthewcharles2006 ( 960827 ) on Thursday June 20, 2024 @05:23PM (#64565253)

      If Tiktok gets banned in the US, the entire world is qualified to ban Meta and Google (in the least) over the exact same concerns

      Don't threaten us with a good time!

    • Oh please! Don't globally ban all social media companies! Whatever you do! Don't throw us in the briar patch!

    • by Targon ( 17348 )

      China has banned and blocked imports to stop outside influence on the people of China, so suggesting that the Chinese government should be able to operate without limits is absurd. It would be like encouraging members of only one political party in the USA to own guns, then complaining when those not in that party buy guns to deal with the threats that they are getting.

    • I cant mod this one up and agree informative. However the US data is still all for sale, and another copycat of Cambridge Analytica, but using AI is in the wind. I tell everyone I am voting for JFK because housing was affordable then , otherwise wont be turning up.
  • Wait a minute. I thought this was about national security...hahah... If it's so important, then why are we waiting that long? We should be shutting that shit down yesterday if it was THAT important.

    Oh right, election year. If the government banned tiktok yesterday, Biden won't have a shot in hell at getting reelected because he will most certainly take the blame for it. So national security issue but clearly not THAT important, well, unless tiktok interferes with the election I guess.

  • If the ban gets enacted as scheduled, it'll be interesting to see whether a few million teens from AcelaLand (and elsewhere, via bus) decide to defy their parents and descend upon Washington, DC (possibly, orchestrated directly or indirectly by TikTok itself) to protest/riot/throw a collective generational tantaum.

    Seriously, if a riot with millions of teens broke out in DC, the authorities would be hopelessly outnumbered & DC would be fucked. It's not like the police or military would dare to use deadly

  • But as usual the government is going to make this half ass attempt and doing something. All they are going to do is teach kids how to use VPNs... already post on how to set them up.

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