TikTok sues the US government over ban

https://lemmy.ca/post/20789393

TikTok sues the US government over ban - Lemmy.ca

> TikTok is taking the US government to court.

What would give them standing? They’d have to be an entity protected by the constitution to claim that protection was harmed. Is it this (my emphasis)?

TikTok Ltd was incorporated in the Cayman Islands and is based in both Singapore and Los Angeles. source

I guess I’ve never thought about what makes an entity have rights here. Buckingham Palace couldn’t just open shop here and start suing our government, right?

Why does US see Chinese-owned TikTok as a security threat?

TikTok CEO Shou Zi Chew has endured a nearly six-hour grilling by U.S. lawmakers, some of whom are pushing to ban the popular short-video app nationwide. The lawmakers questioned 40-year-old Singaporean native Chew over data security and harmful content. Despite his assurances that TikTok prioritizes user safety and should not be banned due to its ties to China, some lawmakers responded skeptically. TikTok is a subsidiary of Chinese technology firm ByteDance. It has been closely scrutinized over whether the data it has on 150 million American users is accessible to China's government and if the platform could be used to promote narratives favorable to the country’s communist leaders.

AP News
The constitution applies to the government, not the American (or other) people. “Government shall pass no law
”
The case is essentially “hey you kinda passed a bill that’s against your own constitution? You’re kinda supposed to follow that
”

Does the US constitution apply for rights of businesses, or is it just people?

Not being snarky I actually don’t know

Important rights of businesses in the US constitution include

Important note regarding a business’s right to regulate free speech: The rules of the Constitution are meant to regulate Congress, not businesses or citizens. Therefore, the right to free speech means Congress cannot restrict someone from speaking his or her mind, but a business may be able to.

For example, a radio show has the right to not allow a certain person to speak on its program or to say certain things. Ultimately, such issues are decided by the Supreme Court, and there may be some exceptions, depending on the circumstances.

Commerce Clause

LII / Legal Information Institute
Corporations are people. Thanks to Citizens United. Though I’d gladly give up TikTok for the court to reverse this decision.
Of course, corporations are people and this is bigotry. Check mate.

List of companies incorporated in the Cayman Islands: capedge.com/company/by/incState/E9/active/true?so


Mostly obscure to me, but I looked up GlobalFoundries. Originally divested from AMD, bought IBM’s chip business, got a contract from US Department of Defense in 2023 for manufacturing military chips

I imagine you wouldn’t object to GlobalFoundries suing the US government

We decided a while ago that the Constitution protects everyone and every thing in the US because the loophole of declaring people and companies to not be protected was too dystopian even for conservatives at the time.

Something important to note here is that there are various exceptions to freedom of speech protections from various time periods, one such exception is Incitement – If a person has the intention of inciting the violations of laws that is imminent and likely, while directing this incitement at a person or groups of persons, their speech will not be protected under the First Amendment. This test was created by the Supreme Court in Brandenburg v. Ohio.

This is relevant because alongside the TikTok forced sale they also passed a law against sending sensitive data including personal details and photographs to adversarial nations including Russia, China, Iran, etc. That means that Incitement could be used to describe TikTok operating in any capacity without completely centralizing to the USA, and therefor they would have no protections by the first amendment.

TikTok blocks all access from Hong Kong. Can I sue them?
Not as a foreign national.
And not as a Hong-Konger, if you don’t want your family on a blacklist.
Read that as family in a basket. Close enough.

We put them, in a basket

gasps

@doodle baseball You cannot contact them in this case
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Wait, I’m in HK right now for business and can open it just fine from my hotel wifi. The website that is, I don’t care about the platform and wouldn’t use the app.

I could play videos just fine without login though. Anything I’m missing?

Really? It just redirects me to www.tiktok.com/hk/notfound
TikTok

Good. The ban is censorship dressed up as national security.
TikTok is state sponsored spyware dressed up as fUnNy ViDeOs
And Facebook isn’t?
Shit I forgot the us government owns 50% of Facebook
Access to the data it’s what matters, ownership is just one method of access.

If this were true, it wouldn’t matter that the US set up the social security number system, because Experian leaked millions of Americans’ SSNs.

It obviously matters who owns a service that millions of citizens use from a country that is a political rival. You’re just hoping to shut down any conversation against TikTok with a whataboutism

We’re talking about individuals’ personal data stored by social media companies being accessible to others (governments, in this case). This has nothing to do with social security.

The problem is that the data is accessable, but that’s not being addressed. This is an improper fix to an actual problem, just facts.

Turns out analogies aren’t your strong suit
It’s a bad analogy. Mass surveillance (continuous collection of everyone’s data) has very little to do with the number we use to track social security payments.

The ownership part was how it was analogous. That was pretty obvious. Any time a massive system is set up for millions of people to use, it quite obviously matters who set it up and why.

I just love when Internet randos pretend not to get analogies because I’m, gasp, comparing things which aren’t identical.

In any case, sorry to interrupt your stream of 15 second video clips.

Lol

What is the social security system was run by China?

That’s your great analogy. This is a social media company. Gtfoh

I’ll get back to you once I’ve taken enough drugs to be on this level
When signing up for a tik-tok account, I put in a birth date, a username, an email address for verifcation and that was it. I didn’t need to provide a drivers license, verify that the name I put in was my actual name, that the birth date was my actual birth date. Location isn’t allowed nor was it requested and neither was Nearby devices. It’s actually been a much better behaved application than any American social media app.
So Americans having access to American’s Data is bad but you think China having access to American’s Data is good?
No, they’re both bad.

Alright, thank you for clarifying that you want more restrictions and laws against these companies, it just seemed odd for you to bring up those other businesses in a post talking about the TikTok forced sale and resulting lawsuit.

I’m just happy about them restricting US Citizen data being brokered to adversarial nations including Iran, Russia, China, and others.

I want the issue of mass surveillance / data collection to be addressed, instead of this bs which is basically working around the edges the problem. Tick-tock shouldn’t be allowed to sell (/provide) user data to anyone but neither should Meta, X, reddit, etc.
So you’re simultaneously against the TikTok ban but also worried about the lack of privacy for American Citizens?
I can’t tell which of the two of us you are referring to.

It doesn’t matter who owns it. It’s the data that the US government is accessing.

I couldn’t give a shit about TikTok, I’ve never used it in my life. I just think the US should be open and say we are banning this as we don’t have control over it. Sure China is only doing what we are doing but fuck em. I’d respect that.

Also, it’s got to be about silencing pro-Palestinian rhetoric too.

If they ban TikTok they should ban FaceBook and Instagram too.

Also, it’s got to be about silencing pro-Palestinian rhetoric too.

Yeah trump was talking about banning it in 2020 because he used his time machine to find out what it would be used for in the future. After his harrowing story from the future, I agreed with the effort to ban it because I lOvE gEnOcIdE

I refuse to converse with someone who conveys themselves in this manner.

Be better dude. Manners cost nothing.

Have a wonderful day!

Whataboutism isn’t the elevated level of discourse you’re pretending it to be
You’re actually just mad you don’t have an actual response to the fact that you making the about Israel/Palestine makes zero sense

Neither is using buzzwords my guy.

Anyway leave me alone, you’re rude and obtuse and I’d rather not converse with you.

No one asked for any of your replies, snowflake
You’re actually just mad you don’t have an actual response to the fact that you making the about Israel/Palestine makes zero sense
They don’t need to. Facebook plays ball.
“if one authoritarian government does surveillance even across borders, why can’t all? Anything less than ‘i agree’ here is hypocrisy!”
Noone is saying that. The argument is pretty much that people want more scrutiny applied to other companies beyond tiktok, and ideally not be under constant surveillance by any of them, not that people want to be monitored by all police states equally.
It’s a whataboutist cop out. People who like tiktok just wanna point out how supposedly since tiktok was targeted, then it’s all in bad faith and therefore there could never possibly be a legit concern with tiktok in particular. Any argument to be addressed with “ChInA bAd”
They don’t need to: en.wikipedia.org/wiki/CLOUD_Act
CLOUD Act - Wikipedia

Requires a warrant or subpoena. That is the difference.
Also requires the company to be US-based, so doesn’t apply here. Well, not yet, that’s the whole point of forcing them to sell or be banned.
I have a question for you. What is the difference between Google being banned in China and Tik Tok being banned in the US?
*crickets chirping*
Mans gotta sleep bro. Christ. I’ll reply after work.

There really isn’t, but perhaps they should be honest about that.

Also, is Google banned or Google won’t do what China wants so left? I don’t know the answer.

Can I ban NSA from spying on me? I’m not even on fReEeDoOoOoM land, I should be entitled to some amount of privacy
Whatabout! Whatabout!
This is not whataboutism - it’s looking at the bigger picture. The point is that you should want to prevent all mass surveillance by social media companies. Not force them to sell so that the government can get its greedy paws on the data.