Cool, let’s ban Temu then. Nothing of value will be lost.
In all honesty though, I disagree with banning software, and that includes TikTok. I think it’s a terrible platform and I refuse to use it, but I think we need to solve the underlying problem another way, otherwise we’re just picking and choosing what speech is allowed in this country. The Constitution doesn’t only protect American citizens, it protects everyone.
That said, if we’re going to ban one, let’s ban them all. These apps haven’t provided any tangible value IMO and they’ve arguably caused a fair amount of harm, so I’m not going to die on a hill defending them.
The Constitution doesn’t only protect American citizens, it protects everyone
Uh, no. It doesn’t protect everyone, not by a long shot. The US constitution doesn’t guarantee Chinese citizens, living in China, the right to freedom of the press.
…And this isn’t about which speech they’re allowing. This is about who controls the platform, and how they respond to gov’t inquiries. If TikTok is divested from ByteDance, so that they’re no longer based in China and subject to China’s laws and interference, then there’s no problem. There are two fundamental issues; first, TikTok appears to be a tool of the Chinese gov’t (this is the best guess, considering that large parts of the intelligence about it are highly classified), and may be currently being used to amplify Chinese-state propaganda as well as increase political division, and second, what ByteDance is doing with the enormous amounts of data it’s collection, esp. from people that may be in sensitive or classified locations.
As I stated, if TikTok is sold off so that they’re no longer connected to China, then they’re more than welcome to continue to operate. ByteDance is refusing to do that.
There’s no been proof that Tik Tok sends all the data to China or that China manipulates the algorithm. In fact, to appease the US before, they agreed to let Oracle and a purely US subsidiary look at all their code and data and content moderation. Oracle would spot check the data flows and where it goes. Tik Tok would report to Committee on Foreign Investment in the US on everything, even hiring practices. And a 2021 study found Tik Tok didn’t really collect data beyond the norm of other players in the industry, or beyond what it said it did in it’s policy.
The US constitution doesn’t guarantee Chinese citizens, living in China, the right to freedom of the press.
True, but the US constitution guarantees Chinese citizens, living in or visiting the US or its territories, all the rights in the Constitution. So when TikTok operates in the US and provides services to US customers, it gets the protections of the US Constitution, as well as the obligations of US law.
TikTok appears to be a tool of the Chinese gov’t
And this is covered by freedom of the press. There’s no legal requirement for press to be pro-US, and it doesn’t necessarily need to be accurate, it just can’t be fraudulent. If TikTok is being fraudulent, then they should be held accountable for that.
As I stated, if TikTok is sold off so that they’re no longer connected to China, then they’re more than welcome to continue to operate.
Yes, according to the law that they’re contesting.
I’m saying that I don’t think this law is constitutional. I don’t use TikTok, I believe TikTok is dangerous, and I don’t think anyone should use it, but I’m also uncomfortable with the government picking and choosing which apps I can use, especially when the justification seems to be about the speech on that app. So even though I wish TikTok would disappear, I don’t think that justifies using the law to accomplish that.
Their freedom of the press isn’t what’s in question. Their ownership is. They are welcome to continue operating as long as they are not owned by a Chinese company based in China and subject to Chinese national security laws.
But, even if it’s really, truly, a 1A issue, no rights are absolute. You can not, for instance, publish classified information, and then claim that it’s a free speech issue. National security interests can, and do, outweigh individual and especially corporate rights to free speech.
especially when the justification seems to be about the speech on that app
But that’s not the justification. The justification is first, access to data, and second, manipulation of that data. The gov’t is arguing that TT is hoovering up massive amounts of data on users, and then is manipulating the content that is shown to them in order to unjustly influence international policy, and all done with no transparency at all. It’s on-par with Russian election interference, although perhaps a little longer lasting and more subtly done.
Sure, and we should absolutely indict Facebook. And ideally our government wouldn’t be so corrupt that it could indict our own government agencies from buying information from them in violation of the 1st, 4th, 5th, 6th, and 9th amendments (and probably the 14th).
How about making data collection other than necessary to operate a website illegal, then making the sale of that data illegal, and absolutely require a warrant to collect it, including from FISA court?
I disagree, especially because “other than necessary” is a pretty squishy concept (i.e. selling tailored ads could be considered “necessary to operate a website”). Instead of that, I think selling or providing any form of data collected without the customer’s explicit consent (and to consent, the customer must know what data is being s hared) or without a warrant (and only the data in the warrant) should be illegal.
That should be sufficient and actually enforceable, since it has very clear boundaries on what’s included.
I think we’re in agreement. I could have said “technologically necessary” to have been more clear, but I don’t agree sale or sharing should be by consent. I think it should be illegal, full stop.
Then we’re certainly not in agreement. And that’s fine.
I think sale of data should be 100% allowed, provided the customer consents (and gets fair compensation). The customer, however, needs to be aware of what data is being sold, to whom, and what they’re getting in return. Burying that 20 pages deep in a TOS doesn’t count, it needs to be in a format that an average person could reasonably be expected to fully understand. The service provider and the company receiving the data should have strict legal requirements to keep that data safe, so if there’s a breach of any variety, the consequences would be a lot steeper than a few dollars per person affected.
So essentially what I’m after here is transparency to the customer, and actual consequences for companies that fail to protect customer data.
The reason I didn’t agree with that is because desperate people do desperate things, despite how clear and concise information available is. With every person had guaranteed, decent housing, food, comprehensive medical, decent clothing and other needs met, I may reconsider.
Cool, let’s ban Temu then. Nothing of value will be lost.
In all honesty though, I disagree with banning software, and that includes TikTok. I think it’s a terrible platform and I refuse to use it, but I think we need to solve the underlying problem another way, otherwise we’re just picking and choosing what speech is allowed in this country. The Constitution doesn’t only protect American citizens, it protects everyone.
That said, if we’re going to ban one, let’s ban them all. These apps haven’t provided any tangible value IMO and they’ve arguably caused a fair amount of harm, so I’m not going to die on a hill defending them.
Uh, no. It doesn’t protect everyone, not by a long shot. The US constitution doesn’t guarantee Chinese citizens, living in China, the right to freedom of the press.
…And this isn’t about which speech they’re allowing. This is about who controls the platform, and how they respond to gov’t inquiries. If TikTok is divested from ByteDance, so that they’re no longer based in China and subject to China’s laws and interference, then there’s no problem. There are two fundamental issues; first, TikTok appears to be a tool of the Chinese gov’t (this is the best guess, considering that large parts of the intelligence about it are highly classified), and may be currently being used to amplify Chinese-state propaganda as well as increase political division, and second, what ByteDance is doing with the enormous amounts of data it’s collection, esp. from people that may be in sensitive or classified locations.
As I stated, if TikTok is sold off so that they’re no longer connected to China, then they’re more than welcome to continue to operate. ByteDance is refusing to do that.
There’s no been proof that Tik Tok sends all the data to China or that China manipulates the algorithm. In fact, to appease the US before, they agreed to let Oracle and a purely US subsidiary look at all their code and data and content moderation. Oracle would spot check the data flows and where it goes. Tik Tok would report to Committee on Foreign Investment in the US on everything, even hiring practices. And a 2021 study found Tik Tok didn’t really collect data beyond the norm of other players in the industry, or beyond what it said it did in it’s policy.
Most of the claims by a Tik Tok whistleblower that alleged otherwise seem to be from one guy mad at being fired who’s made wild claims, like Merrick Garland instigated his firing, and he only worked there for 6 months.
All this scaring is literally just because politicians are scared that people in Gaza can use it to report what’s happening to themselves during the genocide, without the blatant censorship of American companies on the issue. Even Romney admitted that’s the reason. I don’t actually use Tik Tok and I think it’s algorithms are bad for our ADHD addled brains, but I would also apply that to YouTube shorts and Instagram stories. They should all be regulated, not banned. Hell, we actually could use more foreign companies that aren’t vulnerable to US censorship, not the opposite. This is especially important since reporters aren’t being let in Gaza and the ones who are are killed. And we’ll probably lose it once they finish their restructuring in Project Texas, although sounds like they’ll be banned before they do.
True, but the US constitution guarantees Chinese citizens, living in or visiting the US or its territories, all the rights in the Constitution. So when TikTok operates in the US and provides services to US customers, it gets the protections of the US Constitution, as well as the obligations of US law.
And this is covered by freedom of the press. There’s no legal requirement for press to be pro-US, and it doesn’t necessarily need to be accurate, it just can’t be fraudulent. If TikTok is being fraudulent, then they should be held accountable for that.
Yes, according to the law that they’re contesting.
I’m saying that I don’t think this law is constitutional. I don’t use TikTok, I believe TikTok is dangerous, and I don’t think anyone should use it, but I’m also uncomfortable with the government picking and choosing which apps I can use, especially when the justification seems to be about the speech on that app. So even though I wish TikTok would disappear, I don’t think that justifies using the law to accomplish that.
Their freedom of the press isn’t what’s in question. Their ownership is. They are welcome to continue operating as long as they are not owned by a Chinese company based in China and subject to Chinese national security laws.
But, even if it’s really, truly, a 1A issue, no rights are absolute. You can not, for instance, publish classified information, and then claim that it’s a free speech issue. National security interests can, and do, outweigh individual and especially corporate rights to free speech.
But that’s not the justification. The justification is first, access to data, and second, manipulation of that data. The gov’t is arguing that TT is hoovering up massive amounts of data on users, and then is manipulating the content that is shown to them in order to unjustly influence international policy, and all done with no transparency at all. It’s on-par with Russian election interference, although perhaps a little longer lasting and more subtly done.
I said Facebook because we know they’re doing it and you’d still have to actually prove that case.
Sure, and we should absolutely indict Facebook. And ideally our government wouldn’t be so corrupt that it could indict our own government agencies from buying information from them in violation of the 1st, 4th, 5th, 6th, and 9th amendments (and probably the 14th).
How about making data collection other than necessary to operate a website illegal, then making the sale of that data illegal, and absolutely require a warrant to collect it, including from FISA court?
I disagree, especially because “other than necessary” is a pretty squishy concept (i.e. selling tailored ads could be considered “necessary to operate a website”). Instead of that, I think selling or providing any form of data collected without the customer’s explicit consent (and to consent, the customer must know what data is being s hared) or without a warrant (and only the data in the warrant) should be illegal.
That should be sufficient and actually enforceable, since it has very clear boundaries on what’s included.
I think we’re in agreement. I could have said “technologically necessary” to have been more clear, but I don’t agree sale or sharing should be by consent. I think it should be illegal, full stop.
Then we’re certainly not in agreement. And that’s fine.
I think sale of data should be 100% allowed, provided the customer consents (and gets fair compensation). The customer, however, needs to be aware of what data is being sold, to whom, and what they’re getting in return. Burying that 20 pages deep in a TOS doesn’t count, it needs to be in a format that an average person could reasonably be expected to fully understand. The service provider and the company receiving the data should have strict legal requirements to keep that data safe, so if there’s a breach of any variety, the consequences would be a lot steeper than a few dollars per person affected.
So essentially what I’m after here is transparency to the customer, and actual consequences for companies that fail to protect customer data.
The reason I didn’t agree with that is because desperate people do desperate things, despite how clear and concise information available is. With every person had guaranteed, decent housing, food, comprehensive medical, decent clothing and other needs met, I may reconsider.