Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

reuters.com

Post reply on HN
Print view View original

41–50 of 66 posts

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#41

Post by codehalo »

slowmovintarget wrote: post #36
jauntywundrkind wrote: post #18

I kind of low key look forward to this. It's hard for me to imagine TikTok retaining even 20% of the US market share after an app store ban. But that 20% would still be a huge cultural victory for ByteDance, would be an impressive resistance. The US would really have to turn into a monster, would have to deputize a huge amount of internet services into becoming policemen to go further, and that's a horrible thing tha…

Meanwhile, China orders Apple to yank WhatsApp and Facebook apps from its app store in China, because, ya know... they can.

Who gives a shit? What's the benefit of converting the United States into China Lite?

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#42

Post by joecot »

tantalor wrote: post #25

Do they even have standing? The proposed "ban" is enforced on the app stores, so I could see Google or Apple have standing, if they don't want to be forced to delete an app their users like. Meanwhile tiktok.com will still work in browsers.

They almost certainly would have standing. Banning their app from the app store clearly directly affects them.

But they could instead just allow people to login on the mobile site and install it as a progressive web app, instead of forcing them to use the app so they can track people better.

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#43

Post by Gormo »

gjsman-1000 wrote: post #23
ceejayoz wrote: post #20

Earlier quoted context omitted.

It is... not rare. https://constitution.congress.gov/resources/unconstitutional...

Considering Congress passes almost 500 laws per year (1229 from 2019 to 2021, 1234 [sic] from 2021 to 2023), it is a little less than 1% of cases. But that’s just the federal branch. Your list includes states and local municipalities - which makes the real number much, much lower. Much closer, arguably, to 0.1% or less of all legislation.

The fact remains that it is entirely within the role of the court to overturn unconstitutional legislation, which the court does regularly.

The idea that the court would not give proper scrutiny to a legislative act -- one which may violate the first amendment, fifth amendment, and may amount to an illegal bill of attainder -- just because it had support from the senate, well, that's just preposterous.

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#44

Post by pr337h4m »

tantalor wrote: post #25

Do they even have standing? The proposed "ban" is enforced on the app stores, so I could see Google or Apple have standing, if they don't want to be forced to delete an app their users like. Meanwhile tiktok.com will still work in browsers.

The text of the bill literally mentioned "ByteDance Inc" and "TikTok" by name.

(which makes it a bill of attainder, and thus unconstitutional)

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#45

Post by ceejayoz »

gjsman-1000 wrote: post #23
ceejayoz wrote: post #20

Earlier quoted context omitted.

It is... not rare. https://constitution.congress.gov/resources/unconstitutional...

Considering Congress passes almost 500 laws per year (1229 from 2019 to 2021, 1234 [sic] from 2021 to 2023), it is a little less than 1% of cases. But that’s just the federal branch. Your list includes states and local municipalities - which makes the real number much, much lower. Much closer, arguably, to 0.1% or less of all legislation.

> Much closer, arguably, to 0.1% or less of all legislation.

You're missing the giant flip side of that coin; that local, state, and Federal courts can all determine laws conflict with other laws or the Constitution, and do so regularly.

(For example: This never needed to go to SCOTUS. https://www.aclum.org/en/press-releases/states-highest-court...)

Things largely get to SCOTUS when there's disagreement between the courts. (https://www.law.cornell.edu/wex/circuit_split / https://www.law.cornell.edu/rules/supct/rule_10)

If your town passes a "no black people allowed after 10pm" law, it'll never get to SCOTUS, but it's still unconstitutional. The first level of courts it encounters will immediately overturn it.

(Two other notes: clearly unconstitutional laws tend to be a bit rare, because they're a bit embarassing when they get readily overturned. A significant portion - as much as 20% - of those 500 average bills is naming post offices; for example, https://www.congress.gov/bill/117th-congress/house-bill/203. Much of the rest are similarly void of thorny constitutional questions.)

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#46

Post by ceejayoz »

pr337h4m wrote: post #44
tantalor wrote: post #25

Do they even have standing? The proposed "ban" is enforced on the app stores, so I could see Google or Apple have standing, if they don't want to be forced to delete an app their users like. Meanwhile tiktok.com will still work in browsers.

The text of the bill literally mentioned "ByteDance Inc" and "TikTok" by name. (which makes it a bill of attainder, and thus unconstitutional)

I believe it's only a bill of attainder if it imposes criminal penalties; I think the TikTok ban is regulatory/civil.

(https://en.wikipedia.org/wiki/Nixon_v._General_Services_Admi... might also matter.)

> Finally, the Act did not violate the Bill of Attainder clause of the Constitution because this Act does not convict former President Nixon of a crime and does not expose him to prosecution.

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#47

Post by difosfor »

I think it's a good idea for (groups of) countries to require large foreign countries to create local daughter companies to service their citizens locally. This way you can enforce your (hopefully democratic and good) laws and protect your citizens from things like spying. It's somewhat ironic that the US is raising this issue though since they do the same themselves. As far as I know their secret services are allowed to spy without restraint on anybody but American citizens. Or they are doing so anyhow.

Re: TikTok CEO expects to defeat US ban: 'We aren't going anywhere'

#48

Post by el_don_almighty »

whatevaa wrote: post #19
CrzyLngPwd wrote: post #12

Can anyone say what user data ByteDance might share with the Chinese government? Also, how is China an adversary? I thought the USA and China were trading partners.

China no longer wants to be an underdog and wants to be a super power itself, thus forming geopolitical rivalry with USA.

so put your big boy pants on and compete!!

Don't run under grampa Biden's rocking chair and hope he doesn't glide over your tail.

Post reply on HN