Discovery in this should be fun on both sides.
I believe Huawei sued and lost.
Do you have source for this? Huawei sued but we haven't heard any updates on that yet.
TikTok to Sue U.S. over Ban
21–30 of 372 posts
Re: TikTok to Sue U.S. over Ban
#22"I don't like Trump, so I will side with Tik Tok" Whether you should side with Tik Tok or not, the above statement applies to a massive percentage of people who don't agree with the Tik Tok ban. This is dangerous thinking
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Re: TikTok to Sue U.S. over Ban
#23Earlier quoted context omitted.
Yes. It is no surprise that they sue, but maybe that was a mistake. Because depending on the result, it might get TikTok banned in the EU as well. Or the result is that indeed their operation is 100% independent of their Chinese parent company and no US data ever touches mainland China... which would surprise me.
Honest question: would it matter if they stored data in mainland china? Wouldn't it still be fine if they are storing data there but not giving it to china gov? (Not that i really believe that any data in china is safe from gov, although i could say the same about usa, but what is the actual bar that the us gov has to meet to show its a national security risk? Is data on china soil sufficient?)
You need to read the laws in China where they require any chinese company or individual to hand over data to the chinese government on request, no exception, no lawsuit, period.
Re: TikTok to Sue U.S. over Ban
#24While I think TikTok is a cesspool, Trump banning TikTok is a wild overextension of Federal power. How any "small gov't" conservative is okay with this, while over 1000 Americans are dying of COVID per day nonetheless, is beyond me. They need to educate Americans on the predatory nature of TikToks software and move along.
> While I think TikTok is a cesspool Is that referring to the content or the company itself? I don't see how it's any more of a cesspool than any other social platform. Twitter? Facebook? Reddit? Every sufficiently large platform is filled with a very wide range of content, from great to awful. As a company, I do agree they have shady practices, but again, don't most other social media apps such as Facebook and the g…
They're being singled out because they're from China, no?
Re: TikTok to Sue U.S. over Ban
#25Will a chinese company really comply with the US court system in terms of discovery? I would question if they are going to comply with discovery in a way that a US company might. What exactly is forcing them to hand over actual documentation and not just forgeries? Will the Chinese court system get them in trouble for that? I doubt it. After all many publically traded chinese companies in the US aren't actually compl…
They will be locked out of the US for sure if they are caught forging stuff and there might be personal liability, too.
What happened to the presumption of innocence?
Re: TikTok to Sue U.S. over Ban
#26Imagine US companies suing China for not allowing them to operate there.
People would say "China can decide what they want to allow".
Well if China can decide (which they did first) two can play this game.
Also TikTok says this ban is baseless. If USA's ban of TikTok is baseless, what base does China have for banning everything?
Re: TikTok to Sue U.S. over Ban
#27"I don't like Trump, so I will side with Tik Tok" Whether you should side with Tik Tok or not, the above statement applies to a massive percentage of people who don't agree with the Tik Tok ban. This is dangerous thinking
[citation needed]
Re: TikTok to Sue U.S. over Ban
#28Imagine US companies suing China for not allowing them to operate there. People would say "China can decide what they want to allow". Well if China can decide (which they did first) two can play this game. Also TikTok says this ban is baseless. If USA's ban of TikTok is baseless, what base does China have for banning everything?
Why does China doing something make it ok for the US to do it too?
Re: TikTok to Sue U.S. over Ban
#29Will a chinese company really comply with the US court system in terms of discovery? I would question if they are going to comply with discovery in a way that a US company might. What exactly is forcing them to hand over actual documentation and not just forgeries? Will the Chinese court system get them in trouble for that? I doubt it. After all many publically traded chinese companies in the US aren't actually compl…
I might be missing something, but I don't see the relevance of discovery when TikTok is suing the US government. The government will need to establish that it followed due process in drafting and executing the executive order. I can't see what relevant information TikTok would hold about that? Posisbly they would have correspondence between the government and themselves, but you would expect the government to have copies of that too. It may be that the order was carried out because of TikTok's behaviour, but that would need to be behaviour that the government has documentation of, so it wouldn't come through discovery.
Also, just to be clear, this law suit isn't going to be litigated by Chinese lawyers, the lawyers are going to be US lawyers who have to adhere to the US standards. If they think that TikTok is failing to provide something to the court or are acting unethically they are obligated to tell the court of be disbared.
Re: TikTok to Sue U.S. over Ban
#30Imagine US companies suing China for not allowing them to operate there. People would say "China can decide what they want to allow". Well if China can decide (which they did first) two can play this game. Also TikTok says this ban is baseless. If USA's ban of TikTok is baseless, what base does China have for banning everything?
The US has decided to allow people to sue the government for things like this. Doesn't mean they'll win, of course, but having legal recourse in the courts is something that we have decided to allow.