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Frasier Balzov

(4,056 posts)
Fri Jan 17, 2025, 10:50 PM Jan 17

The TikTok ban seems so obviously a bill of attainder

that I'm surprised it wasn't argued as unconstitutional on that basis.

Were they so confident in their first amendment argument that they carelessly neglected to bolster it?

7 replies = new reply since forum marked as read
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Ocelot II

(123,555 posts)
1. A bill of attainder is a law that declares an individual guilty of a *crime* without a trial.
Fri Jan 17, 2025, 11:00 PM
Jan 17

The statute banning TikTok didn't criminalize it. It prohibits any company from distributing, maintaining or updating an entity classified as "a foreign adversary-controlled application" creating a security threat within the U.S. A violation can result in civil enforcement actions and fines. It specifically bans TikTok in the U.S. unless ByteDance completed a divestiture, which it hasn't. But there's no criminal sanction involved so it's not a bill of attainder.

walkingman

(8,919 posts)
3. I've heard lots of stuff about it being a national security concern but never an explaintion of
Sat Jan 18, 2025, 01:56 AM
Jan 18

what that security concern actually it? What could they do?

walkingman

(8,919 posts)
5. Seems to be a case of "rules for thee but not for me"
Sat Jan 18, 2025, 10:54 AM
Jan 18

Though it is common for governments to spy abroad, Washington enjoys an advantage not shared by other countries: jurisdiction over the handful of companies that effectively run the modern internet, including Google, Meta, Amazon and Microsoft.

For billions of internet users outside the US, the lack of privacy mirrors the alleged threat that US officials say TikTok, owned by Chinese company ByteDance, poses to Americans.

“So the noise the Americans are making about TikTok must be seen less as a sincere desire to protect citizens from surveillance and influence operations, and more as an attempt to ring-fence and consolidate national control over social media"

The American Civil Liberties Union (ACLU) estimates that the US government has collected more than one billion communications per year since 2011, based on how the number of targets has grown since that year.

“They’re making a big stink about TikTok and the Chinese collecting data when the US is collecting a great deal of data itself,” says Jonathan Hafetz, an expert on US constitutional law and national security at Seton Hall University in New Jersey.

“It is a little bit ironic for the US to sort of trumpet citizens’ privacy concerns or worries about surveillance. It’s OK for them to collect the data, but they don’t want China to collect it.”

Phentex

(16,600 posts)
6. and the irony is they are driving people to a Chinese owned app
Sat Jan 18, 2025, 11:32 AM
Jan 18

I have no dog in the hunt but it seems pointless to ban an app or force it to be owned by OTHER people who sell the data (US)

Skittles

(162,406 posts)
7. people willingly put their entire fucking lives on fascist facebook
Sat Jan 18, 2025, 04:32 PM
Jan 18

yeah I GET IT, it's just that China is NOT our ally and has to be treated a a security threat

that's all it is

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