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TikTok to Sue U.S. over Ban

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Re: TikTok to Sue U.S. over Ban

#91
post #33
post #28

Earlier quoted context omitted.

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.

You don't have to give your IP away. US "business" men willingly gave the Chinese their IP in exchange for cheap labor. You don't have to do that, that is not the only other option. Enforcing current laws is enough. And if it's not, IF, you enact new constitutional laws.

Re: TikTok to Sue U.S. over Ban

#92

Earlier quoted context omitted.

China's basis is that foreign companies won't respect their laws. What US laws has TikTok broken? Privacy isn't protected because an entire domestic industry has bought off Congress. Why can't a foreign company participate in the same?

>Why can't a foreign company participate in the same? Basically foreign owned companies don't have the same constitutional rights as ones owned by US citizens - these companies operations basically being foreign commerce is where the entity list powers are derived from.

I don't believe you are correct. In the US corporations enjoy "Corporate Personhood", e.g. the corporation itself enjoys many of the same rights as a US person: https://en.wikipedia.org/wiki/Corporate_personhood Whether TikTok is registered as a US company may be relevant however (I would expect their local operations would be).

Re: TikTok to Sue U.S. over Ban

#93
post #51

Is this not a freedom of speech issue? The right is guaranteed for foreingners in the US as well. If they can ban tik tok, they can ban signal or briar because those also might send your encrypted data overseas or because their use among "violent" protestors is a risk. How about VPN apps that siphon your personal data to china and russia! Haha Here's the thing, US bigtech complies (in secret) with US intel community…

>>If americans want to be spied on by China in exchange for being able to use tiktok it's their right and this activity is beyond the reaches of any elected government.

You lost me here. That spying can have disastrous results for security and economic well-being of USA (daughter of top Intel engineer or President's top adviser for example is wiretapped by CCP) so the state has extremely legitimate reasons to watch out for the best of all. Our Congress and our courts decide if the President overstepped the line, not China.

The clock is tiking....tik-tok will get due process, meaning lawyers will be able to represent them and that's it. Maybe the whole case will be sealed and the judge can hear classified info privately.

Re: TikTok to Sue U.S. over Ban

#94
post #44

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?

China is a totalitarian regime which doesn't follow due process and basic freedoms. I strongly hope that your strange "tit-for-tat" doesn't extend to basic rights of people and businesses on US soil. US is supposed to be better than that, remember?

The free market is a two way thing. What, you wanna allow a totalitarian regime to have it's companies operating in your soil while expanding their influence?

This situation should've been stopped a while ago, China banned every company they wanted while the others let them operate everywhere according to the free market rules.

Re: TikTok to Sue U.S. over Ban

#95
post #68
post #44

Earlier quoted context omitted.

China is a totalitarian regime which doesn't follow due process and basic freedoms. I strongly hope that your strange "tit-for-tat" doesn't extend to basic rights of people and businesses on US soil. US is supposed to be better than that, remember?

There's no "basic right" of foreign businesses to do business in the United States.

What about the right of citizens to install whatever software they want on their phones?

Re: TikTok to Sue U.S. over Ban

#96
post #51

Is this not a freedom of speech issue? The right is guaranteed for foreingners in the US as well. If they can ban tik tok, they can ban signal or briar because those also might send your encrypted data overseas or because their use among "violent" protestors is a risk. How about VPN apps that siphon your personal data to china and russia! Haha Here's the thing, US bigtech complies (in secret) with US intel community…

'If americans want to be spied on by China in exchange for being able to use tiktok it's their right'

I think you're argument breaks down here. I don't think that handimf over information to a foreign government is a right. I was unable to Google for a definitive answer, but maybe a more knowledgeable person could chime in. The US already has export restrictions on knowledge ( for example encryption ) to foreign governments.

Re: TikTok to Sue U.S. over Ban

#97

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?

So America is no different from China. Got it.

Re: TikTok to Sue U.S. over Ban

#98

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?

China's basis is that foreign companies won't respect their laws. What US laws has TikTok broken? Privacy isn't protected because an entire domestic industry has bought off Congress. Why can't a foreign company participate in the same?

> China's basis is that foreign companies won't respect their laws

This is fallacious.

China is an authoritarian regime, not a democracy under the rule of law. There are laws in China, but ultimately a corporation is subject to the whims of the Chinese Communist Party.

International free market trade is founded on reciprocity - you open your markets and I open mine, under analogous regulatory conditions. Can US companies such as Facebook or Google operate with the same degree of freedom that TikTok does in the West?

Furthermore, and perhaps more relevantly to your question of whether TikTok has broken any US laws, it may be that it has. I have a very limited understanding of US politics and law but I do know that (a) there's a trainload of highly complex national security regulations, (b) Executive Orders provide the President a means to "steer" the application of the Law, and in this case it may be simply a way of enforcing codes that have been applied very loosely or not enforced until at all now.

I don't know if the EO will hold ground or not, but if it doesn't, I hope the US (and eventually the EU, where I am a citizen) find other ways to legally challenge the abhorrent asymmetry in playing conditions for software companies in China vs. the Democratic West.

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