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Trump says he will ban TikTok through executive action

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Re: Trump says he will ban TikTok through executive action

#122

Earlier quoted context omitted.

Preventing the purchase and import of physical equipment into the US is a lot different than preventing the import of code/speech. I fully understand the former is allowed, but I highly doubt the president possesses the authority to do the latter.

This has been the case since the launch of the App Store. It’s not new. When uploading an app to Apple App Store, you have to do disclosures about cryptography exports.

While I still vehemently believe the crypto export laws are a stinking pile of 1st Amendment violation, we're talking about code import here, and I don't think there's legislative precedent (and certainly not executive) to enact something like this.

Re: Trump says he will ban TikTok through executive action

#124

Earlier quoted context omitted.

> What's he going to do when ByteDance uploads the .apk somewhere? I don't think most Android users know how to install an apk, and as far as I know a similar distribution model is not possible on iOS.

It wouldn’t matter. To make it effective the FCC would likely ask all the ISPs and Carriers to block TikTok IPs at the network level.

I don't think the FCC will move that fast to do something this drastic but I could be wrong. This whole move will likely anger a lot of people and feel authoritarian because they aren't use to the government censoring the media they consume.

Re: Trump says he will ban TikTok through executive action

#125
post #53

If there is any rule of law in the country, this should be against the constitution. If the US does this, they'll be losing a lot of goodwill founders from other countries have about the US. The US is uniquely thought of as a part of every country for business. If you're from third world country but you'd like to do a tech business in the US, you're free to do so without much hurdles by the government. Open competiti…

Australia, India have already banned it. UK is probably next too. How exactly is this against the constitution? Was banning Huawei unconstitutional too?

Australia has not banned it.

India has banned it through possible dubious legal means wouldn't pass muster in most western countries, which I think ByteDance expects will be lifted sometime in the future, since they haven't gone to court over it, and seemingly engaging in some sort of dialogue with the government over it. India had earlier banned it for sometime over allegations of 'pornography', but that was lifted.

Re: Trump says he will ban TikTok through executive action

#126

Earlier quoted context omitted.

Because we live in a relatively free country where the government doesn't choose what software we buy or use.

When it comes to national security, similar to Huawei, this can all be done.

But should it?

Re: Trump says he will ban TikTok through executive action

#127
post #75

What are the predictions for which U.S. tech company would be banned by China as retaliation? My top pick is - LinkedIn (Most other U.S. social networks are already banned in mainland China anyways, then again LinkedIn is being used extensively by Chinese to do Business with outside world; So I wonder whether China would dare to pull the plug). Or it may just ban Instagram, Snapchat in HongKong as there is no ban for…

It's ridiculous that you even talk about retaliation in a post where you acknowledge that anything that would be a worthy retaliation is already banned !

I think it's ridiculous to say, China wouldn't even consider retaliation. It has to appease its domestic audience like any other country irrespective of the differences in governance model.

Re: Trump says he will ban TikTok through executive action

#129

Earlier quoted context omitted.

What point are you trying to make here? That the US Government does not have the sovereign authority to determine what companies operate within its borders? Edit: Yeah, instead of downvoting this into oblivion, how about making an argument that the US Government doesn't have the authority to determine what companies operate within its borders.

> What point are you trying to make here? That the US Government does not have the sovereign authority to determine what companies operate within its borders? My point is that the US president does not have the authority to tell a US company (Google/Apple) to "stop distributing this code (speech)," because that is the only way a ban like this could be implemented. Well, there are other ways, but all of them involve l…

I flatly disagree that this is some kind of First Amendment issue. I would love to be proven wrong here, but I'm not aware of any SCOTUS opinion or any related case law that would apply to the argument you are making. That "distributing code" is somehow protected speech.

>That is why that any travel down this path I see as an erosion of western democracy, and especially when that travel comes from the executive branch swerving way out of its lane.

This is naive. Power is power, and the executive branch did much more restrictive things during WWII. We're in Cold War II now and it is absolutely reasonable to expect moves like this, and while I share your apprehension for the erosion of liberties (I really do), at some point you have to make sure you have a winning hand before you put the cards on the table.

Re: Trump says he will ban TikTok through executive action

#130
post #2

Under what authority? A dozen paragraphs in the article and not one questioning whether he can actually do this. What would such an executive action look like? An EO to Apple and Google to de-list the app from their stores? Why should they comply? What's he going to do when ByteDance uploads the .apk somewhere? Sick of media treating this man like a zoo exhibit instead of the advanced persistent threat to US democrac…

Your last sentence shows you are not objective. This is the same thing as Huawei being banned.

> Your last sentence shows you are not objective.

Correct, I am not objective on this topic and made no such implication. If we were all simply objective observational automatons, it would make for a pretty sterile comment section.

> This is the same thing as Huawei being banned.

Someone else said this earlier, and it's pretty different: one is a physical good that goes through customs where there are existing laws that allow for denial of entry. The other is code/speech for which there are no laws granting the executive branch the authority to block.

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