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TikTok to Sue U.S. over Ban

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Re: TikTok to Sue U.S. over Ban

#31

Imagine 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?

Is the chinese "law" the law in the US now? Should we get rid of all government branches and just copy what they do?

Re: TikTok to Sue U.S. over Ban

#32
post #6

> The app has also been used to antagonize the president, including when thousands of teens reserved tickets to the president's rally in Tulsa, Okla., with no intention of going, inflating the Trump campaign's expectations for the event and causing embarrassment over the disappointing turnout. Forgot that was organized on tiktok. All makes sense now. If US was really interested in national security i'm pretty sure zo…

Forgetting Trumps' feelings about the Tulsa rally, I truly believe the Tulsa thing was the smoking gun. We know that TikTok did manual moderation of topics sensitive to China, as well as some more non-ethical ones (censuring/pushing results back) of disabled and 'ugly' people. My girlfriend was offered a job moderating for TikTok and their package details with the work described left a bad taste in my mouth to be honest.

But forgetting that, can we with 100% certainty say that the Tulsa rally fiasco:

a) Wasn't an idea and orchestrated by the CCP?

b) Was some teen's idea, but then was pushed to the top for political reasons by the CPP?

If you can't say with 100% certain NO to these questions, and taking in account the US and China are in some sort of 'cold war', doesn't it make sense that the US goverment cuts the feet of an app that can change election results?

Yes, Russian interference with facebook is also a possibility, but at the end, Facebook (and twitter, etc) are US entities, and if there is indeed some weird things going on, they can be investigated, banned, etc. the US can't do the same with regards to TikTok.

(ps: Not american, have no skin in who wins the election, just pointing it as an outsider a possible reason)

Re: TikTok to Sue U.S. over Ban

#33
post #28

Imagine 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?

Because if you keep trying to take the "high road" you'll keep losing your IP and getting nothing for it.

Re: TikTok to Sue U.S. over Ban

#34

Imagine 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?

I keep seeing comments like this

There are reasons you can oppose this ban, but this isn't a good one of those reasons.

-

The US promises certain freedoms and protections, and TikTok is saying the US is unfairly denying them those freedoms and protections.

China doesn't promise those things to anyone, so there's no grounds to complain they're not being fair.

I mean, imagine this argument applied to other things. "They don't allow in their home country, why are they suing the US for denying ?"

Re: TikTok to Sue U.S. over Ban

#35

Imagine 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?

That makes sense from a common sense point of view, but from a legal point of view, it's much more complicated.

China is a different jurisdiction with different legislation, different constitution and a different justice system. It's a completely different set of rules... If an American company sues China... the outcome will be decided on Chinese courts, based on Chinese legislation and Chinese constitutionality.

TikTok will fight the US in US courts, abiding to US legislation, US constitutionality, etc... In the end, it will be up to a judge or eventually the US Supreme Court to decide what happens.

Re: TikTok to Sue U.S. over Ban

#36

Imagine 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?

Yes, China does censor sites and apps. But is it really good to censor sites and apps just like they do? Aren't we better than that? Do we want anyone having that sort of power?

Re: TikTok to Sue U.S. over Ban

#37
post #12

Earlier 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?)

> Wouldn't it still be fine if they are storing data there but not giving it to china gov?

Hard to say if it's even enough to keep it outside of China. As long as the company is under Chinese jurisdiction, they'll have a hard time saying "no, sorry, that data center is in Singapore, we won't comply".

The EU has similar issues with the US cloud providers: even if an Amazon data center is in the EU, obviously they will hand over data if a US court order/NSL tells them to. One way that Microsoft tried to mitigate that was to have a data trustee run the data centers with Microsoft not having access, therefore not being able to give anything to the government. They've stopped offering it after a few years though.

Re: TikTok to Sue U.S. over Ban

#38
post #6

> The app has also been used to antagonize the president, including when thousands of teens reserved tickets to the president's rally in Tulsa, Okla., with no intention of going, inflating the Trump campaign's expectations for the event and causing embarrassment over the disappointing turnout. Forgot that was organized on tiktok. All makes sense now. If US was really interested in national security i'm pretty sure zo…

Forgetting Trumps' feelings about the Tulsa rally, I truly believe the Tulsa thing was the smoking gun. We know that TikTok did manual moderation of topics sensitive to China, as well as some more non-ethical ones (censuring/pushing results back) of disabled and 'ugly' people. My girlfriend was offered a job moderating for TikTok and their package details with the work described left a bad taste in my mouth to be hon…

This line of argument can justify anything. Can we with 100% certainty say it wasn't organized by ? No? Time to start dropping bombs.

Re: TikTok to Sue U.S. over Ban

#39

Why is congress not involved if it's so important? Should the president really have this power?

Well, the executive branch has a lot of leeway when it comes to anything at the border and beyond : eg, working with other countries such as treaties, international commerce, tariff, or war.

Further, Trump's anti-China campaign has broad political support from both parties - Congress voted to ban TikTok in federal devices just days ago.

Re: TikTok to Sue U.S. over Ban

#40
post #12

Earlier quoted context omitted.

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?)

> Wouldn't it still be fine if they are storing data there but not giving it to china gov? That situation does not exist. Chinese law basically means that any data held in China can be accessed by the government at any time.

Like in the US..., you just need a warrant which is just paperwork.
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