The many censors in Congress will likely vote to ban TikTok or force a change in ownership. It will probably become law soon. The Supreme Court will ultimately rule it unconstitutional because it violates the First Amendment rights of the more than 100 million Americans who use TikTok to express themselves. .
Additionally, I believe the courts will rule that forced sales violate the Fifth Amendment. Under the Constitution, the government cannot take your property without charging you with a crime and convicting you, which means without due process. The Americans are part of the ownership of TikTok, so it will likely end up being challenged in court.
A court may also conclude that naming a specific company and forcing it to sell constitutes an achievement bill, which is a bill that targets a single entity.
These are the three important constitutional arguments against Congress' compulsory sale/prohibition legislation. In fact, three different federal courts have already struck down legislative and administrative attempts to ban TikTok.
If the damage to one company wasn't bad enough, there's a very real danger that this outrageous attack on TikTok could actually give the government the power to force the sale of other companies. .
Let's take Apple as an example.as new york times report In 2021, „in response to a 2017 Chinese law, Apple agreed to move Chinese customers' data to China and onto computers owned and operated by Chinese state-owned enterprises.“
Sound familiar? Lawmakers who want to censor or ban TikTok cite this same law to argue that TikTok could one day be ordered to hand over data on American users to the Chinese government.
Note that more careful speakers do not claim that this happened, but rather that it might happen. TikTok's banner doesn't want to be bothered with anything inconvenient, like proving in court that this is happening. No, this claim is enough to believe they have the right to force or even ban the sale of TikTok.
Now, back to Apple. There is no theoretical possibility of handing over data to the Chinese Communist government. There is already (albeit information from Chinese users). Nevertheless, Apple may be able to argue that its actions may fall under the language of his TikTok ban, which forces a sale of the entity, i.e., under the influence of a foreign adversary.
(Of course, I think such a law is absurdly wrong and would never want it applied to Apple, but the language is vague enough to apply to many companies.) Are concerned.)
as new york times „Chinese government officials physically control and operate the data centers. Apple has agreed to store digital keys in those data centers to unlock Chinese customers' information. China refused, so we abandoned the encryption technology we use in other data centers.'' „
This sounds exactly like what TikTok censors are describing in their bill, but as far as we know, only Americans living in China could be affected by Apple's compliance with Chinese law. be. In fact, TikTok agreed to spend $1 billion to store all of its U.S. data with Oracle in Texas.
Are there other companies that could be affected by TikTok's ban? Commentary by Kash Patel washington times claim Temu, an online marketplace run by a Chinese company, is even worse than TikTok and should be banned. He claims that, in contrast to TikTok, Temu „does not employ data security personnel in the United States.“
So what about global publishing company Springer Nature? It has Admitted It claimed to be censoring scientific papers at the request of the Chinese Communist Party government. Will the TikTok bill also be forced to sell?
Before Congress rushes to ban and punish every international company doing business in China, perhaps it should pause, take a breath, and reflect on the implications of its burgeoning legislative isolationism regarding China.
The urge for populism is creating an abandonment of international trade. I wonder if, amidst the current hysteria, ending trade between China and the United States would not only cause great harm to American consumers, but would ultimately lead to further tensions and even war. I am concerned that this may not be the case.
No member of Congress has more strongly condemned communist China's historic famine and genocide. I wrote a book, lawsuit against socialism, depicts the horror and inevitability of state-sponsored violence in the pursuit of complete socialism. I just recently wrote the following book. to deceiveaccused communist China of concealing the origins of the new coronavirus infection in the Wuhan laboratory.
Still, even with these scathing criticisms, I believe that the isolationism of the China hysteria is a mistake and will not succeed if Congress insists on continuing down this path.