04-27-2024, 01:00 AM
Reportedly, "H.R.7521 - Protecting Americans from Foreign Adversary Controlled Applications Act" was signed into law by the President.
This particular piece of legislation has an interesting history... one that may lead to some disappointment in the final analysis... for a few reasons. (We had started a discussion of the Tik Tok "ban" in DBCowboy's thread here, if your keeping track)
Arguments of 'propaganda' influencing young Americans most likely to rely on Tik Tok as their social media of choice, rampant and abusive data harvesting, and the ideologies associated with the government of China all added to the appeal to ouster Tik Tok from the US internet environment.
All of these arguments have a place in the discussion, as well as value for consideration. But unfortunately, the deck is stacked against some compelling arguments that might be legally unavoidable.
First, there is the immensely important 1st amendment, which forbids the government from interfering in the practices of free speech. Second, the legislation (foolishly in my opinion) makes references to Tik Tok, giving rise to a complaint of it being a Bill of Attainder... as in a punishment with no due process of the court. Third, the bill and its attendant hoopla was made publicly as a means to "ban" Tik Tok... which is technically incorrect.
This bill was about forcing a divestiture of ownership... removing the Chinese government from the picture (and incidentally making any data harvested NOT their "property.")
If the parent company changes it's ownership status within the next 270 days, they can remain operating as they have; they have already indicated they would rather simply abandon the US market, rather than capitulate to the bill.
I offer these articles for your amusement...
TikTok owner has strong First Amendment case against US ban, professors say
US lawmakers vote 50-0 to force sale of TikTok despite angry calls from users
Being slightly conspiratorial is kind of my thing... I wonder if this thing wasn't sabotaged in the crafting... and if so, how poorly that reflects in the legislators who we pay for it. Similar legislation to kick Tik Tok to the curb has been in the courts in Texas, Montana, and other states... but this bill went ahead without any regard for that fact. It's kind of a confusing lack of attention.
I expect this battle isn't over...
This particular piece of legislation has an interesting history... one that may lead to some disappointment in the final analysis... for a few reasons. (We had started a discussion of the Tik Tok "ban" in DBCowboy's thread here, if your keeping track)
Arguments of 'propaganda' influencing young Americans most likely to rely on Tik Tok as their social media of choice, rampant and abusive data harvesting, and the ideologies associated with the government of China all added to the appeal to ouster Tik Tok from the US internet environment.
All of these arguments have a place in the discussion, as well as value for consideration. But unfortunately, the deck is stacked against some compelling arguments that might be legally unavoidable.
First, there is the immensely important 1st amendment, which forbids the government from interfering in the practices of free speech. Second, the legislation (foolishly in my opinion) makes references to Tik Tok, giving rise to a complaint of it being a Bill of Attainder... as in a punishment with no due process of the court. Third, the bill and its attendant hoopla was made publicly as a means to "ban" Tik Tok... which is technically incorrect.
This bill was about forcing a divestiture of ownership... removing the Chinese government from the picture (and incidentally making any data harvested NOT their "property.")
If the parent company changes it's ownership status within the next 270 days, they can remain operating as they have; they have already indicated they would rather simply abandon the US market, rather than capitulate to the bill.
I offer these articles for your amusement...
TikTok owner has strong First Amendment case against US ban, professors say
US lawmakers vote 50-0 to force sale of TikTok despite angry calls from users
Being slightly conspiratorial is kind of my thing... I wonder if this thing wasn't sabotaged in the crafting... and if so, how poorly that reflects in the legislators who we pay for it. Similar legislation to kick Tik Tok to the curb has been in the courts in Texas, Montana, and other states... but this bill went ahead without any regard for that fact. It's kind of a confusing lack of attention.
I expect this battle isn't over...
