Everyone admits social media is the WOAT. Ban TikTok? Oh no!!

AAKing23

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why? why do you support government censorship?
You are clearly rooted in your position and I am rooted in mine so nothing I say to you will change that.

Again I hope they ban the fukk out that brain rotting app.
 

AAKing23

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Social media makes people jaded.

If that’s what you want, then use it.
If they banned social media it would suck at first but the world would be a better place, I recognize this shyt is bad for you even as someone who uses it.
 

bnew

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You are clearly rooted in your position and I am rooted in mine so nothing I say to you will change that.

Again I hope they ban the fukk out that brain rotting app.

i'm rooted in the position that online censorship by the government is bad and we shouldn't give them that power. if given a convincing argument about why it isn't bad maybe I can change my mind but in all my years being on the internet and politically aware I have yet to hear a good reason for governments to have that power.

You stated your position, I just don't know how you justify it, you haven't said anything but ban ban ban.

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concise

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i just went to the tiktok website with adblock turned off and clicked "continue as guest" when the popup appeared to sign in.

there's even a userscript to do it automatically so you never have to see it.


and a firefox extension



I'm not doing all that to watch tiktoks if I'm not willing to download their app.
 

bnew

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all the countries that banned tiktok already had the legal framework of censoring websites and apps and those governments didn't grant themselves that power solely because of tiktok. so from now on if a app or web service from china becomes popular with americans we'll ban it? they can use this argument with apps or web services by companies made in african countries and they will if we give them that power.
 

bnew

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TikTok CEO expects to defeat US ban: 'We aren't going anywhere'​

By David Shepardson

April 24, 20245:44 PM EDTUpdated 5 hours ago

TikTok Chief Executive Shou Zi Chew testifies before a House Energy and Commerce Committee, in Washington

Item 1 of 3 REUTERS/Evelyn Hockstein

[1/3]REUTERS/Evelyn Hockstein Purchase Licensing Rights, opens new tab


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WASHINGTON, April 24 (Reuters) - TikTok's chief executive said on Wednesday the social media company expects to win a legal challenge to block legislation signed into law by President Joe Biden that he said would ban its popular short video app used by 170 million Americans.

"Rest assured - we aren't going anywhere," CEO Shou Zi Chew said in a video posted moments after Biden signed the bill that gives China-based ByteDance 270 days to divest TikTok's U.S. assets or face a ban. "The facts and the Constitution are on our side and we expect to prevail again."

Biden's signing sets a Jan. 19 deadline for a sale - one day before his term is set to expire - but he could extend the deadline by three months if he determines ByteDance is making progress. Biden is seeking a second term against former President Donald Trump.

"We don't want to see a ban," White House spokeswoman Karine Jean-Pierre said on Tuesday. "This is about PRC ownership," she added, referring to the People's Republic of China.

In 2020, Trump was blocked by the courts in his bid to ban TikTok and Chinese-owned WeChat, a unit of Tencent (0700.HK), opens new tab, in the United States. Trump, the Republican presidential candidate, has reversed course and said on Monday that Biden was "pushing" for a ban on TikTok and would be the one responsible if a ban were imposed, urging voters to take notice.

"Make no mistake - this is a ban on TikTok," Chew said, emphasizing that TikTok would continue to operate as the company challenges the restrictions.

Many experts question if any potential buyer has the financial resources to buy TikTok and if China and U.S. government agencies would approve a sale.

Driven by widespread worries among U.S. lawmakers that China could access Americans' data or surveil them with the app, the bill was overwhelmingly passed late on Tuesday by the U.S. Senate. The U.S. House of Representatives approved it on Saturday.

The four-year battle over TikTok is a significant front in a war over the internet and technology between Washington and Beijing. Last week, Apple (AAPL.O), opens new tab said China had ordered it to remove Meta Platforms' (META.O), opens new tab WhatsApp and Threads from its App Store in China over Chinese national security concerns.

TikTok is set to challenge the bill on First Amendment grounds and TikTok users are expected to again take legal action. A U.S. judge in Montana in November blocked a state ban on TikTok, citing free-speech grounds.

The American Civil Liberties Union said banning or requiring divestiture of TikTok would "set an alarming global precedent for excessive government control over social media platforms."

However, the new legislation is likely to give the Biden administration a stronger legal footing to ban TikTok if ByteDance fails to divest the app, experts say.

If ByteDance failed to divest TikTok, app stores operated by Apple, Alphabet's (GOOGL.O), opens new tab Google and others could not legally offer TikTok or provide Web hosting services to ByteDance-controlled applications or TikTok's website.

Senator Laphonza Butler, a California Democrat, urged the White House to consider the fate of 8,000 U.S. employees of TikTok, many of whom are in New York or California.

"We must acknowledge the impact on TikTok workers, and our local economies, as we determine a path forward," Butler told Biden in a letter.

The bill would also give the White House new tools to ban or force the sale of other foreign-owned apps it deems to be security threats.

Democratic Senator Ron Wyden said he was concerned the bill "provides broad authority that could be abused by a future administration to violate Americans' First Amendment rights."

Biden's re-election campaign plans to continue using TikTok, a campaign official said on Wednesday. Trump's campaign has not joined TikTok.

Biden signed legislation in late 2022 that barred U.S. government employees from using TikTok on government phones.

The Technology Roundup newsletter brings the latest news and trends straight to your inbox. Sign up here.

Reporting by David Shepardson in Washington; Editing by Chizu Nomiyama, Matthew Lewis and Emelia Sithole-Matarise and Richard Chang
 

Ohene

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Social media isn't a problem. If anything it's funny because apps like TikTok encourage people to go outside.

At the end of the day people need to make a decision and own up to their decisions.
You’re wrong
 

bnew

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TikTok will not be sold, Chinese parent tells US​

TikTok logo and US flag.

IMAGE SOURCE,REUTERS
Image caption,ByteDance says a report it plans to sell TikTok "are not true"Article information
  • Author,João da Silva
  • Role,Business reporter
  • 26 April 2024

TikTok's Chinese parent company ByteDance says it has no intention of selling the business after the US passed a law to force it to sell the hugely popular video app or be banned in America.

"ByteDance doesn't have any plans to sell TikTok," the company posted on its official account on Toutiao, a social media platform it owns.

TikTok did not immediately respond to a request for comment from the BBC.

Earlier this week, TikTok said it would challenge in court the "unconstitutional" law.

The statement from ByteDance came in response to an article by the technology industry website The Information that said it was exploring the potential sale of TikTok’s operation in the US without the algorithm that powers it.

"Foreign media reports of ByteDance selling TikTok are not true," the company said in the post, which included a screen shot of the article with the Chinese characters meaning "false rumour" stamped on it.

Screen grab of ByteDance's social media post.

IMAGE SOURCE,BYTEDANCE

Image caption,ByteDance denied the report on a social media site it owns

The sell-or-ban measure was signed into law by US President Joe Biden on Wednesday.

Beijing's tightening grip on private companies has raised concerns in the US, and other Western countries, about how much control the Chinese Communist Party has over ByteDance, and the data it holds.

TikTok has repeatedly denied claims the Chinese government has control over ByteDance.

"We are confident and we will keep fighting for your rights in the courts," said TikTok boss Shou Zi Chew in a video posted on the platform this week.

"The facts, and the Constitution, are on our side... rest assured, we aren't going anywhere."


According to TikTok, ByteDance's Chinese founder owns 20% of shares, through a controlling stake in the company.

About 60% is owned by institutional investors, including major US investment firms Carlyle Group, General Atlantic, and Susquehanna International Group.

The remaining 20% is owned by its employees around the world and three of ByteDance's five board members are American.

The Chinese government has also dismissed such concerns as paranoia and has warned that a TikTok ban would "inevitably come back to bite the US".

However, TikTok is not facing an immediate ban in the US.

The new law gives ByteDance nine months to sell the business, and an additional three-month grace period, before a potential ban can be enforced.

That means the sale deadline would most likely come some time in 2025, after the winner of the 2024 presidential election takes office.
 

bnew

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TikTok owner has strong First Amendment case against US ban, professors say​


Professor: US faces "uphill battle" justifying law against First Amendment suit.​

JON BRODKIN - 4/26/2024, 1:49 PM

Illustration of the United States flag and a phone with a cracked screen running the TikTok app

Enlarge

Getty Images | NurPhoto

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TikTok owner ByteDance is preparing to sue the US government now that President Biden has signed into law a bill that will ban TikTok in the US if its Chinese owner doesn't sell the company within 270 days. While it's impossible to predict the outcome with certainty, law professors speaking to Ars believe that ByteDance will have a strong First Amendment case in its lawsuit against the US.

One reason for this belief is that just a few months ago, a US District Court judge blocked a Montana state law that attempted to ban TikTok. In October 2020, another federal judge in Pennsylvania blocked a Trump administration order that would have banned TikTok from operating inside the US. TikTok also won a preliminary injunction against Trump in US District Court for the District of Columbia in September 2020.

"Courts have said that a TikTok ban is a First Amendment problem," Santa Clara University law professor Eric Goldman, who writes frequent analysis of legal cases involving technology, told Ars this week. "And Congress didn't really try to navigate away from that. They just went ahead and disregarded the court rulings to date."

The fact that previous attempts to ban TikTok have failed is "pretty good evidence that the government has an uphill battle justifying the ban," Goldman said.

TikTok users engage in protected speech​

The Montana law "bans TikTok outright and, in doing so, it limits constitutionally protected First Amendment speech," US District Judge Donald Molloy wrote in November 2023 when he granted a preliminary injunction that blocks the state law.

"The Montana court concluded that the First Amendment challenge would be likely to succeed. This will give TikTok some hope that other courts will follow suit with respect to a national order," Georgetown Law Professor Anupam Chander told Ars.

Molloy's ruling said that without TikTok, "User Plaintiffs are deprived of communicating by their preferred means of speech, and thus First Amendment scrutiny is appropriate." TikTok's speech interests must be considered "because the application's decisions related to how it selects, curates, and arranges content are also protected by the First Amendment," the ruling said.

Banning apps that let people talk to each other "is categorically impermissible," Goldman said. While the Chinese government engaging in propaganda is a problem, "we need to address that as a government propaganda problem, and not just limited to China," he said. In Goldman's view, a broader approach should also be used to stop governments from siphoning user data.

TikTok and opponents of bans haven't won every case. A federal judge in Texas ruled in favor of Texas Governor Greg Abbott in December 2023. But that ruling only concerned a ban on state employees using TikTok on government-issued devices rather than a law that potentially affects all users of TikTok.

Weighing national security vs. First Amendment​

US lawmakers have alleged that the Chinese Communist Party can weaponize TikTok to manipulate public opinion and access user data. But Chander was skeptical of whether the US government could convincingly justify its new law in court on national security grounds.

"Thus far, the government has refused to make public its evidence of a national security threat," he told Ars. "TikTok put in an elaborate set of controls to insulate the app from malign foreign influence, and the government hasn't shown why those controls are insufficient."

The ruling against Trump by a federal judge in Pennsylvania noted that "the Government's own descriptions of the national security threat posed by the TikTok app are phrased in the hypothetical."

Chander stressed that the outcome of ByteDance's planned case against the US is difficult to predict, however. "I would vote against the law if I were a judge, but it's unclear how judges will weigh the alleged national security risks against the real free expression incursions," he said.

Montana case may be “bellwether”​

There are at least three types of potential plaintiffs that could lodge constitutional challenges to a TikTok ban, Goldman said. There's TikTok itself, the users of TikTok who would no longer be able to post on the platform, and app stores that would be ordered not to carry the TikTok app.

Montana was sued by TikTok and users. Lead plaintiff Samantha Alario runs a local swimwear business and uses TikTok to market her products.

Montana Attorney General Austin Knudsen appealed the ruling against his state to the US Court of Appeals for the 9th Circuit. The Montana case could make it to the Supreme Court before there is any resolution on the enforceability of the US law, Goldman said.

"It's possible that the Montana ban is actually going to be the bellwether that's going to set the template for the constitutional review of the Congressional action," Goldman said.

Case goes beyond First Amendment​

Court challenges may involve more than just the First Amendment. ByteDance could argue that it is being deprived of property under the takings clause, for example.

ByteDance could also argue that the law is a bill of attainder, which is legislation that punishes a specific person or group of people without a trial. The new US law allows for other applications to be designated as being controlled by foreign adversaries, but singles out TikTok and ByteDance by name.

"The fact that TikTok is named by name in the bill is a potential problem. It looks a little bit like a bill of attainder type of problem," Goldman said.

Law’s bipartisan support makes predictions tricky​

The TikTok ban-or-sale bill had support from Republicans and Democrats in Congress. The House Commerce Committee voted 50-0 to approve it in March. The TikTok legislation was later included in a larger appropriations bill that provides aid to Ukraine, Israel, and Taiwan. The Senate voted 79-18 in favor of the legislation package.

Opponents of the TikTok ban-or-sale bill also included both Republicans and Democrats. "This bill cuts across partisan lines, and so I don't think we can easily assume a partisan outcome from the Supreme Court," Goldman said.

"Some justices seem to be disposed against technology companies, other justices may be more willing to defer to national security claims, and most of the justices are strongly inclined to protect free expression online," Chander said. "It is hard to predict if there is a coalition of five justices for or against such a law."

When asked if any precedents might indicate whether ByteDance is likely to win or lose, Chander pointed to a 1965 ruling that invalidated a US law that imposed restrictions on mailings of "communist political propaganda." The court challenge involved mail delivery of a Chinese magazine, the Peking Review.

"In Lamont v. PostMaster General, at the height of the Cold War, the Supreme Court sided with free speech against a law seeking to hamper the flow of Chinese propaganda into the United States," Chander said.

Actions against Huawei not quite the same​

The US has previously imposed strict limits on networking and hardware products from Chinese companies such as Huawei. But Goldman and Chander say that justifying the TikTok restriction is more difficult because of the free speech implications.

"The national security interest has to be balanced against the speech interest, which isn't always at play as obviously with other types of bans of goods or services based on national security grounds. This [TikTok] is a speech product that's being targeted and it has special considerations that other types of goods and services don't have," Goldman said.

As Chander said, "Huawei couldn't claim that its First Amendment rights were at stake, or the rights of its users. A change in ownership or a ban will have dramatic effect on the speech of both TikTok and its users."

A court could block the TikTok ban-or-sale provision while upholding laws that address national security problems more broadly. The same bill that requires a sale or ban on TikTok includes another section making it illegal for a data broker to sell or transfer sensitive data to foreign adversaries or entities controlled by foreign adversaries.

"One possibility is a court could uphold the data broker ban and strike down the outright ban of TikTok, saying there was a less restrictive alternative for you to use—and you actually literally used it," Goldman said.

That is what happened in the Montana case. Judge Molloy's ruling said "the current record leaves little doubt that Montana's legislature and Attorney General were more interested in targeting China's ostensible role in TikTok than with protecting Montana consumers. This is especially apparent in that the same legislature enacted an entirely separate law that purports to broadly protect consumers' digital data and privacy."

ByteDance reportedly prefers leaving US over selling​

While TikTok's case against the US will likely take many months, Goldman said we may get a better sense of the Supreme Court's views on social media much sooner. The court in February heard oral arguments on Florida and Texas state laws that limit how social media companies can moderate user-generated content.

"It remains unclear how vigorously the Supreme Court will protect users' First Amendment rights online, and that's the part I can't guess," Goldman said. "But we're going to get some data about that before we have any court rulings on the congressional TikTok ban."

If ByteDance loses in court, early indications suggest the company will pull TikTok out of the US instead of selling. ByteDance said this week that reports of it exploring a sale "are untrue," The Wall Street Journal reported.

A Reuters report says that sources indicate "TikTok owner ByteDance would prefer to shut down its loss-making app rather than sell it if the Chinese company exhausts all legal options to fight legislation to ban the platform from app stores in the US."
 
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