Oh no, now we have to ban them all?? What a shame!
/s
But you can’t charge me with murder! That guy committed it too!
selective enforcement of the law is a real issue. One of the reasons Donald Trump will likely never go to jail is the failure to prosecute nixon, reagan (iran contra, iran hostage crisis meddling), and Bush/Cheney(wmd fiasco)
And one of the reasons POC are more likely go to jail (or even gets shot) for something a white man would be let free with only a warning… At least in the “free” land.
I hate Reagan with all my heart, but in his defence there is little to no evidence Reagan knew what his subordinates were doing with Iran Contra. Those subordinates did face judgement and were not pardoned until late 2007.
Bush’s fault, got it.
The argument here is more along the lines of, “you can’t make a law that defines something as murder only when I do it.”
Good thing that’s not what’s happening, then.
No that’s exactly what’s happened.
Lol
I’m surprised so many people think this is a good argument. TikTok is a social media platform. Temu is an online marketplace. The potential to cause disruption within US society is completely different.
Legally it is a very good argument. A law targeting a single company in name or effect is literally unconstitutional. It’s called a “Bill of Attainder”.
The counter argument is indicting Facebook because they never stopped selling information directly to the CCP.
Cool, let’s ban Temu then. Nothing of value will be lost.
In all honesty though, I disagree with banning software, and that includes TikTok. I think it’s a terrible platform and I refuse to use it, but I think we need to solve the underlying problem another way, otherwise we’re just picking and choosing what speech is allowed in this country. The Constitution doesn’t only protect American citizens, it protects everyone.
That said, if we’re going to ban one, let’s ban them all. These apps haven’t provided any tangible value IMO and they’ve arguably caused a fair amount of harm, so I’m not going to die on a hill defending them.
I said Facebook because we know they’re doing it and you’d still have to actually prove that case.
Sure, and we should absolutely indict Facebook. And ideally our government wouldn’t be so corrupt that it could indict our own government agencies from buying information from them in violation of the 1st, 4th, 5th, 6th, and 9th amendments (and probably the 14th).
How about making data collection other than necessary to operate a website illegal, then making the sale of that data illegal, and absolutely require a warrant to collect it, including from FISA court?
The Constitution doesn’t only protect American citizens, it protects everyone
Uh, no. It doesn’t protect everyone, not by a long shot. The US constitution doesn’t guarantee Chinese citizens, living in China, the right to freedom of the press.
…And this isn’t about which speech they’re allowing. This is about who controls the platform, and how they respond to gov’t inquiries. If TikTok is divested from ByteDance, so that they’re no longer based in China and subject to China’s laws and interference, then there’s no problem. There are two fundamental issues; first, TikTok appears to be a tool of the Chinese gov’t (this is the best guess, considering that large parts of the intelligence about it are highly classified), and may be currently being used to amplify Chinese-state propaganda as well as increase political division, and second, what ByteDance is doing with the enormous amounts of data it’s collection, esp. from people that may be in sensitive or classified locations.
As I stated, if TikTok is sold off so that they’re no longer connected to China, then they’re more than welcome to continue to operate. ByteDance is refusing to do that.
There’s no been proof that Tik Tok sends all the data to China or that China manipulates the algorithm. In fact, to appease the US before, they agreed to let Oracle and a purely US subsidiary look at all their code and data and content moderation. Oracle would spot check the data flows and where it goes. Tik Tok would report to Committee on Foreign Investment in the US on everything, even hiring practices. And a 2021 study found Tik Tok didn’t really collect data beyond the norm of other players in the industry, or beyond what it said it did in it’s policy.
All this scaring is literally just because politicians are scared that people in Gaza can use it to report what’s happening to themselves during the genocide, without the blatant censorship of American companies on the issue. Even Romney admitted that’s the reason. I don’t actually use Tik Tok and I think it’s algorithms are bad for our ADHD addled brains, but I would also apply that to YouTube shorts and Instagram stories. They should all be regulated, not banned. Hell, we actually could use more foreign companies that aren’t vulnerable to US censorship, not the opposite. This is especially important since reporters aren’t being let in Gaza and the ones who are are killed. And we’ll probably lose it once they finish their restructuring in Project Texas, although sounds like they’ll be banned before they do.
A US Citizen might be protected by Article 1 Section 9, but courts have adopted a three-part test to determine if a law functions as a bill of attainder:
- The law inflicts punishment.
- The law targets specific named or identifiable individuals or groups.
- Those individuals or groups would otherwise have judicial protections.
And unfortunately for the CCP they fail #3 unless the Chinese owners divest and all Chinese centralization for the company gets shut down.
Also, the tiktok ban was passed alongside a bill outlawing sale of data to China, Iran, Russia, etc. So if FB is still selling to China it is also illegal.
You mean the CCP is not an “individual or group”?
#3. Number 3. The third part. THREE. Learn to read. All three are required conditions.
The parent company don’t have judicial protections. They’re based in China and are state owned and operated. The US-Based subsidiary isn’t being punished, they’re explicitly allowed to operate if the parent company divests, but are choosing to shut down instead.
The parent company don’t have judicial protections.
But the subsidiary does.
And the subsidiary has explicit permission to continue operating if the parent company divests.
But explicit prohibition on continued operation if they don’t. ByteDance is not affected outside of the US. Only US employees are being threatened.
And unfortunately for the CCP they fail #3
The bill doesn’t target the CCP, it targets a US subsidiary of a Singapore-based multinational.
unless the Chinese owners divest and all Chinese centralization for the company gets shut down
A rule that applies exclusively to the US subsidiary of TikTok.
It would be akin to passing a law that says @finitebanjo must have all of his possessions seized in the next nine months, because he took money from the Canadian government. Canada isn’t the target of the legislation and the scope of the legislation isn’t universal - it’s only assigning a punishment to a single domestic resident - and entirely on the grounds that the current chief executive doesn’t like Justin Trudeau.
It would be akin to passing a law that states Finite Banjo’s friend Jose must no longer act as a proxy between Finite Banjo and Jose’s friend Juan, as Finite Banjo is not constitutionally protected but Jose is, or Jose must cut all contact with Juan because Finite Banjo is harming Juan.
The fact that you think you can remove all context in an attempt to win an argument is just evidence of your inability to comprehend complexity.
It would be akin to passing a law that states Finite Banjo’s friend Jose
Except, again, the business being penalized is the American subsidiary.
The fact that you think you can remove all context
The context is that the commercial assets and employees being threatened by the US government are all within US territory.
Not environmentally…
I thought we like disruption.
Removed by mod
“Thanks for bringing it to our attention. You are now banned as well”
It’s time to start taxing the acquisition, retention, and selling/trading of personal data.
Actually, that time was 40 years ago.
Google and Microsoft would be scrambling to pay off every single person associated with that before it ever hit the first courtroom floor.
ohhh data collection taxation, I like it. You would think it would be a no-brainer but look at marijuana taxation and the continued resistance to rake in all that public funding. Would make most of the controversy around AI disappear if they tax it’s collection.
GDPR is a start, but we need to actually ban it, not just annoy people until they click Accept at the 20th popup of that tantalising offer to share your details with 1473 trusted data partners.
TikTok is correct. Ban them all.
While i dislike tiktok as much as the next one, please do temu first. Temu might actually be the downfall of our planet that is already falling down the stairs pretty hard.
I knew someone who got caught up in their
pyramidmarketing scheme. The prizes were some low quality shit. The watch they won got badly scratched and the wristband’s pin fell off the same day from regular use. It was pretty funny watching it disintegrate in real time.I abhor those Temu YouTube ads.
Get an ad blocker, problem solved.
America selectively caring about privacy.
They care about companies they have less control over and a foreign adversary has more control over invading privacy, for reasons unrelated to seeing privacy as a good in itself.
I generally think that TikTok sucks but do agree with this argument. It’s silly to say that domestic companies can be evil but foreign ones no.
That’s not a silly argument if your argument is about national security. For the exact same reason, China blocks almost all western apps. It gives a potential route for whatever nation is considered hostile to influence your population, and TikTok has actually activated this influence at least once directly. They tried to activate their users to protest congress from passing laws restricting them.
Basically, they have the ability to influence users, and they also have the will to do so as they’ve already shown. In what world eould they not be a national security threat? It’s also really hard for me to accept this argument from a Chinese company when China has the great firewall to “protect” it’d citizens from outside influence.
You can argue that it is not to benefit the citizens and rather just the state, which is fair. You can’t reasonably argue that the state has nothing to fear.
Laws don’t exist to protect the state, they exist to protect the people.
Also, what another country decides to do shouldn’t really impact what we decide to do. If China blocks our apps, fine, their loss I guess. But if we start blocking their apps in retribution, that doesn’t make us any better than them. We should be fighting disinformation with information. This means better education and transparent government-funded research and information. But when the US government is secretive and frequently caught spreading its own disinformation, it makes it hard for me to agree to block other countries doing the same.
TikTok should be allowed to offer its services here, but US companies shouldn’t be obligated to host them on their services, and the government should publicize the negative information it has about them so journalists can help the public digest it.
National security interests are the interests of the people though.
The fundamental issue is that, assuming I’m not leaking national security information, I can say nearly anything I want on Facebook, Twitter, etc. (as long as I’m not in violation of their terms of service). The US largely does not censor people using the power of the gov’t. If I am an authoritarian communist, I’m more than welcome to spread these views on any American social network that I choose without gov’t interference. I can spread anti-vax and Q nonsense if I wish, and the worst-case scenario is that my neighbors will stop talking to me. I can attack the very foundation of the country if I want, as long as I’m not spreading military secrets.
This is not the case in China. Spreading pro-capitalism and pro-democracy messages can quickly get you arrested. Trying to share accurate information about what really happened in Tianamen Square in 1989 can result in you disappearing. Words and phrases are actively censored by the gov’t on social media. The Chinese gov’t takes a direct role in shaping social media by what it promotes, and what it forbids. Anything that’s perceived as an attack on the political system of the country, the party, or any of the leaders (remember the internationally famous tennis player that abruptly disappeared when she accused a local party leader of sexual assault?) will put you at risk.
This isn’t a case of, “oh, both sides are the same”.
Tiktok is probably used 10 times as much though (users x time on the app) and Temu isn’t spreading messages in quite the same way. Comparing apples and gerbils, whataboutism, etc.
The argument isn’t that they’re “evil”, it’s that they could be used as tools by strategic rivals.
If social media companies exist to collect massive troves of personal info from users–and they do–then there is a valid national security concern over social media controlled by an adversary. This is distinct from the individual privacy concerns towards domestically-controlled social media.
So ban them too
This is a good point actually. That’s almost like trying to ban Naruto because it’s Japanese, but not banning Dragonball Z. We’l see where this goes. If they would enforce these law equally it wouldn’t be as much of a concern. Overall, whether they ban TikTok or not, if as a user you don’t like a said platform, just don’t use it.
Yes and no. Without endorsing them, the arguments for banning Tik Tok are subtler than Chinese = security risk. The fears, however reasonable you may find them, are largely that it presents a danger of foreign information gathering of detailed behavioral/location/interest/social network information on a huge swath of the U.S. population which can be used either for intelligence purposes or targeted influence/psyops campaigns within the U.S. When you look at the history of how even relatively benign data from sources not controlled by foreign adversaries has been used for intelligence gathering, e.g. Strava runs disclosing the locations of classified military installations, these fears make a certain amount of sense.
Temu, et al., on the other hand are shopping apps that don’t really lend themselves to influence campaigns in the same way (though, if they are sucking up data like all the other apps, I wouldn’t be surprised if folks in the U.S. security apparatus are concerned about those as well.
Ultimately, I think the argument fails because it assumes an obligation for Congress to solve every tangentially related ill all at once where no such obligation exists.
They desperately need to do something about car software before China starts being really relevant here in EVs too.
I absolutely support massively restricting what anyone can gather, not just China, (and the same for social media/ad networks/retailers), but it’s fundamentally not the same threat as data vacuums controlled by an enemy state.
pretty sure china can just buy all the info they want from facebook, twitter. If I recall a bunch of US secret military sites were exposed by apple watches
I have no doubt that China can and does buy data from data brokers. I think it’s unlikely, however that any of the major players are going to be willing to sell all their data on anyone- being able to target ads to individuals is their entire value proposition after all. On top of that, Facebook, Twitter, and Instagram have fallen pretty heavily out of favor with folks in their teens/early 20s (i.e. the demographic most ripe to be sources of bad OPSEC).
But even assuming that an adversary could buy all the data they could possibly want, doing so could tip off anyone who cared to be watching about the sorts of data they’re interested in. This is generally not something you want as it can reveal your own strategic concerns/intentions.
Having your own app that can collect whatever you want, where you can promote whatever information/view that you want is a pretty big advantage over buying data.
If the argument is about privacy, I think banning tik tok is complete bullshit. If it’s about limiting intelligence gathering and influence campaigns, I think it makes more sense.
Sure, but a lot of that can easily be done via corporate proxies as well. After all its not hard to make a corporation in the US
After all its not hard to make a corporation in the US
…A US corporation is subject to US laws.
ByteDance is subject to Chinese laws.
If TikTok wants to do everything that it’s currently doing, but under US law and under US scrutiny, they’re more than welcome to do so. But they’re currently evading any serious scrutiny. Hence the reason to shut them down if they refuse gov’t oversight.
Extremely well said, thank you.
The fears, however reasonable you may find them, are largely that it presents a danger of foreign information gathering of detailed behavioral/location/interest/social network information on a huge swath of the U.S. population which can be used either for intelligence purposes or targeted influence/psyops campaigns within the U.S.
Tbh, I’m troubled by my own government doing that to us.
Like Temu?
You mean like facebook and twitter.
No, they love those, since that data goes to the US government instead of to the CCP
that data goes to the US government instead of to the CCP
Going to blow people’s minds when they find out Temu data also goes to the US government and Facebook data also goes to the CCP.
This shit is just a commodity. It’s auctioned off at the bid rate. The NSA doesn’t just lay claim to this data, it buys it. And these Big Data companies are only handing it over because of the absurd margins NSA (and MI5 and the rest of the Five Eyes) directors are willing to pay.
Your data isn’t any safer because the parent company is owned by a foreign plutocrat. This is a big club and you ain’t in it.
Oh no, I’m not under any illusion that my data is safer with any of them lol. I’m just saying that that’s why the US doesn’t ban American social networks/companies. Because it’s all about control.
Cambridge analytics
They’re right, we should regulate or ban then too.
Technically, the second partof that bill bans sending user data to China for all companies, so it’s foreseeabke that they get fined into the dirt if nothing else.
I hope the Facebook multi-billion dollar fines act as precedent.
it’s foreseeabke that they get fined into the dirt if nothing else.
Or they just route the sale of traffic through a domestic data broker and buy “analysis” on the Chinese side of the legal fence. There are so many badly policed and underregulated aspects of the data business that this shit never amounts to more than publicity stunts.
American trade with China only ever increases year-to-year, despite all the noise about a Trade War. Chinese based drop-shipping schemes only ever eat into our domestic market share, because American incomes are falling into line with the global average and that’s the kind of trade good international middle class workers can afford. And all this shit is getting blended together - Indian and Chinese businesses outsource to Indochina and Malaysia and Indonesia where labor is cheaper. Everything gets routed and flagged through Singapore anyway, so the real origin of a good is obscured by the time it lands on your doorstep. And nobody in the business of making money wants to pay a politician to do anything about this in practice.
Nobody is getting fined, much less into-the-dirt.
Or they just route the sale of traffic through a domestic data broker and buy “analysis” on the Chinese side of the legal fence. There are so many badly policed and underregulated aspects of the data business that this shit never amounts to more than publicity stunts.
That is literally what Facebook was fined for, BEFORE the new laws were put in place. Cambridge Analytica did what you just described.
US tech companies too, you fucking cowards.
Facebook paid kids to install a VPN client on their smartphones so they could intercept AND DECRYPT traffic between competing services (like Snapchat, Amazon, Youtube)
facebook and any other company they acquire (or however they try to rebrand) are not only untrustworthy but active adversaries against common decency and basic privacy
Is tiktok saying that all Chinese apps that steal our data are also stealing our data because they were designed to steal our data?!
I am SHOCKED.
You don’t even need the word Chinese
Simply reading the article would reveal how ludicrously incorrect your argument is.
Temu isn’t a social media network that has been known to boost specific narratives with their algorithm. The U.S. isn’t saying that China can’t sell and market to the American audience, just that they’ll need a supervisor if they want to mess with media.
