• Ilandar@aussie.zone
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    3 months ago

    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.

    • Maggoty@lemmy.world
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      3 months ago

      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.

      • sugar_in_your_tea@sh.itjust.works
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        3 months ago

        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.

        • Maggoty@lemmy.world
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          3 months ago

          I said Facebook because we know they’re doing it and you’d still have to actually prove that case.

          • sugar_in_your_tea@sh.itjust.works
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            3 months ago

            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).

            • Maeve@kbin.earth
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              3 months ago

              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?

        • HelixDab2@lemm.ee
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          3 months ago

          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.

      • finitebanjo@lemmy.world
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        3 months ago

        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:

        1. The law inflicts punishment.
        2. The law targets specific named or identifiable individuals or groups.
        3. 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.

          • finitebanjo@lemmy.world
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            3 months ago

            #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.

                • UnderpantsWeevil@lemmy.world
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                  3 months ago

                  But explicit prohibition on continued operation if they don’t. ByteDance is not affected outside of the US. Only US employees are being threatened.

                  • finitebanjo@lemmy.world
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                    3 months ago

                    ByteDance employees chose to work for a Chinese PsyOp parent company who refuses to sell ByteDance. If anything, those employees are suffering because the CCP were given too many rights and protections for owning a business in the USA.

        • UnderpantsWeevil@lemmy.world
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          3 months ago

          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.

          • finitebanjo@lemmy.world
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            3 months ago

            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.

            • UnderpantsWeevil@lemmy.world
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              3 months ago

              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.