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TikTok says it is restoring service for U.S. users

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Re: TikTok says it is restoring service for U.S. users

#791

Post by ttul »

seizethecheese wrote: post #785
lumost wrote: post #266

This seems to imply that the president elect can make unilateral guarantees contravening US law. That’s a surprising outcome.

In my city, a great deal of laws are not enforced. Enforcement is a policy at most levels, it seems. The interesting thing, to me, is that there’s no fear of future administrations enforcing, or even Trump pulling a 180 and using the law being broken as leverage.

See my comment above. This is a misunderstanding of how the executive branch works. Once Congress has enacted a statute and the _President_ has signed it into law, the executive branch MUST enforce it. An executive order cannot override or suspend a duly passed law unless Congress included an explicit waiver or suspension provision in that law. Nothing in the text of this act appears to grant the President such discretion, so there is no straightforward way for the President to “undo” or pause the ban by executive order. The only way to alter or lift the ban would be through new legislation or a valid constitutional challenge in court.

In essence, the executive branch already had a chance to veto the law, but didn’t do so. The signature of the President (whomever that is at the time) seals the fate of the law.

Re: TikTok says it is restoring service for U.S. users

#792

Post by paulddraper »

shihab wrote: post #8

Is anyone aware of any opinion poll among US population about banning tiktok? This to me feels like one of the issues with potentially largest disconnect between voters and politicians Edit: found one from Pew. "The share of Americans who support the U.S. government banning TikTok now stands at 32%." Sept 05, 2024. In contrast, 87% US lawmakers voted for the law that caused this.

If you exclude "not sure," it's 52% support banning. Also, the survey was not limited to voters.

Note that a majority/plutority becomes more skewed when aggregating constituencies.

Granted 52% -> 87% is still a big increase, but there you have it.

Re: TikTok says it is restoring service for U.S. users

#793

Post by IAmGraydon »

shihab wrote: post #8

Is anyone aware of any opinion poll among US population about banning tiktok? This to me feels like one of the issues with potentially largest disconnect between voters and politicians Edit: found one from Pew. "The share of Americans who support the U.S. government banning TikTok now stands at 32%." Sept 05, 2024. In contrast, 87% US lawmakers voted for the law that caused this.

The problem with a poll is that the general public is likely not privy to all the information that the people in charge have. I think the best thing to do here is just come out with all of it, lay it on the table, and see what the public thinks then. If you have a good reason then show us.

Re: TikTok says it is restoring service for U.S. users

#794

Post by chucknthem »

Brystephor wrote: post #34

What's that saying? The best way to get a promotion is to cause a problem and then fix it? Political things aside, it's crazy to see so much of a flip-flop so quickly. Has there been any other behavior like this in the past where a company "shut themselves down" to make a big political statement and then almost immediately undid the shut down?

Uber has used this tactic many times in their early days. It mostly worked because citizens got used to cheap rides and got mad at their government for taking it away.

Re: TikTok says it is restoring service for U.S. users

#795

Post by sjs382 »

ttul wrote: post #790
lumost wrote: post #266

This seems to imply that the president elect can make unilateral guarantees contravening US law. That’s a surprising outcome.

Here’s the law: https://www.congress.gov/bill/118th-congress/house-bill/7521... No, Trump can’t legally postpone or give reprieve to TikTok. The time has passed for that. Once Congress has enacted a statute and the President has signed it into law, the executive branch must enforce it. An executive order cannot override or suspend a duly passed law unless Congress included an explicit waiver or suspension provision i…

The executive branch is responsible for enforcement of laws. He could just choose not to enforce it, no?

Re: TikTok says it is restoring service for U.S. users

#797

Post by gcanyon »

gcanyon wrote: post #557

Trump has clearly neutered both houses of Congress and the Supreme Court. Welcome to a unitary government, with one god-emperor and no checks nor balances. It's going to be a wild two (few?) years.

Correction: it appears there is a 90-day presidential delay written into the law, so we're not quite at god-emperor status yet...

Re: TikTok says it is restoring service for U.S. users

#798

Post by hatsix »

lukeschlather wrote: post #190
shihab wrote: post #8

Is anyone aware of any opinion poll among US population about banning tiktok? This to me feels like one of the issues with potentially largest disconnect between voters and politicians Edit: found one from Pew. "The share of Americans who support the U.S. government banning TikTok now stands at 32%." Sept 05, 2024. In contrast, 87% US lawmakers voted for the law that caused this.

28% oppose the ban, and 32% support it. So a majority are either in favor or ambivalent. Two years ago a majority supported it: https://www.pewresearch.org/short-reads/2024/09/05/support-f... Support has declined and opposition has increased. I don't think there's much of a disconnect here though, since it doesn't seem there are many people with strong opinions counter to what Congress chose to do.

"Not Sure" != "ambivalent". It's a mistake to lump "Not Sure" and "Opposed" together and declare a majority, as the group as a while does not represent a specific stance. Any attempt at nuance for either side gets bucketed into the largest category.

That group seems like the most interesting question... what sub groups do they fall into.

Re: TikTok says it is restoring service for U.S. users

#799

Post by bobtheborg »

ttul wrote: post #790
lumost wrote: post #266

This seems to imply that the president elect can make unilateral guarantees contravening US law. That’s a surprising outcome.

Here’s the law: https://www.congress.gov/bill/118th-congress/house-bill/7521... No, Trump can’t legally postpone or give reprieve to TikTok. The time has passed for that. Once Congress has enacted a statute and the President has signed it into law, the executive branch must enforce it. An executive order cannot override or suspend a duly passed law unless Congress included an explicit waiver or suspension provision i…

That's not the law that passed. The law that passed is https://www.congress.gov/bill/118th-congress/house-bill/815 (lengthy law -- see DIVISION H—PROTECTING AMERICANS FROM FOREIGN ADVERSARY CONTROLLED APPLICATIONS ACT), page 62 in the PDF.

Also, both the House and the Senate have pending legislation to extend the deadline.

https://www.congress.gov/bill/119th-congress/house-bill/391 https://www.congress.gov/bill/119th-congress/senate-bill/103

Re: TikTok says it is restoring service for U.S. users

#800

Post by LastTrain »

nico wrote: post #661
Brystephor wrote: post #34

What's that saying? The best way to get a promotion is to cause a problem and then fix it? Political things aside, it's crazy to see so much of a flip-flop so quickly. Has there been any other behavior like this in the past where a company "shut themselves down" to make a big political statement and then almost immediately undid the shut down?

> a company "shut themselves down" to make a big political statement They were following the law. Anything else is just promises by people who are not exactly known for following through with them Shutting down because the law says it, and to prevent really big penalties, is not making “a big political statement

But bringing the service back again today is not following the law, is it? Trump hasn't taken office yet. Curious if you've now changed your mind.
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