• Maggoty@lemmy.world
    link
    fedilink
    English
    arrow-up
    18
    arrow-down
    8
    ·
    9 months ago

    Well the Senate killed the earlier bill. There’s a decent chance they pass the Ukraine/Israel aid bill without this amendment. It would then be stricken in reconciliation. Unfortunately there’s also a decent chance the Senate passes it because this version probably fixes things the Senators had problems with.

    If it does get passed there’s a very good chance there’s a court order to prevent anything until the courts rule on the constitutionality of the law. If Bytedance loses that there’s zero chance they sell though. The US market is not big enough for them to jettison an international company.

    • MisterMoo@lemmy.world
      link
      fedilink
      English
      arrow-up
      25
      arrow-down
      32
      ·
      9 months ago

      Why are you cheerleading for TikTok to remain in the hands of a US adversary, during the same week when said adversary forced a US company to abjectly ban US-based messaging apps?

      Retaliation. Tit for tit.

      • Maggoty@lemmy.world
        link
        fedilink
        English
        arrow-up
        18
        arrow-down
        10
        ·
        9 months ago

        If the government can just point at a company and force a fire sale then there is no market, there is no order, there is no financial industry. This is an incredibly dangerous law.

        • conciselyverbose@sh.itjust.works
          link
          fedilink
          English
          arrow-up
          11
          arrow-down
          7
          ·
          9 months ago

          The government absolutely has unconditional and unlimited authority to restrict enemy states from ownership of anything in the US they want to.

          There is absolutely no possibility of any Constitutional issue. The government has explicit authority to handle anything they want about international commerce in the Constitution.

          • Maggoty@lemmy.world
            link
            fedilink
            English
            arrow-up
            11
            arrow-down
            4
            ·
            9 months ago

            That’s why they’re having to pass this law I guess then? Because they already have the authority to do the thing they’re trying to make the law to get the authority to do?

            And TikTok isn’t owned by China. It’s owned by ByteDance, a MultiNational Corp with Chinese ties. It’s not operated out of China, Tiktok is operated out of Singapore and Los Angeles.

            And what exactly is the security concern of people making funny cat videos? Nobody is saying the government has to put Tiktok on government computers. So what exactly is the exposure here that trumps the first amendment and prohibition on bills of attainder in the US?

            • jkrtn@lemmy.ml
              link
              fedilink
              English
              arrow-up
              6
              arrow-down
              1
              ·
              9 months ago

              To your first point, yes, exactly. Congress mostly has to pass bills to exercise their power. For example: they have the authority to decide finances. They pass bills to (barely) get that done.

              • Maggoty@lemmy.world
                link
                fedilink
                English
                arrow-up
                3
                arrow-down
                4
                ·
                9 months ago

                You’re not wrong but even if this was a standing authority being used in the same way as passing the budget, it would be illegal because it targets a single entity by design. The Constitution prohibits that which is why laws are written as behavior rules you have to violate and then the government proves you violated them in court. Just declaring a company or person persona non grata is something our founders specifically prohibited.

            • conciselyverbose@sh.itjust.works
              link
              fedilink
              English
              arrow-up
              2
              arrow-down
              4
              ·
              edit-2
              9 months ago

              Passing laws is how they regulate international commerce. Or one way. Treaties are another. Executive orders are another. Actions of regulatory bodies within frameworks established by prior legislation is another.

              Congress passing legislation to stop hostile foreign ownership of a US business that’s doing harm is well within their authority.

              • Maggoty@lemmy.world
                link
                fedilink
                English
                arrow-up
                4
                arrow-down
                2
                ·
                9 months ago

                A. Doing what harm? People just throw this around and there’s been no evidence except, “lol it’s a social media company”.

                B. It’s not within their authority unless there’s a specific national security problem. So what about TikTok is going to breach national security? Are they stealing military secrets? (They were already banned from government devices along with other social media apps so the answer is no. They’re not.)

                The Constitution is supposed to protect us from the government just pointing at us and declaring us criminals. Today it’s TikTok tomorrow it’s you.

                • conciselyverbose@sh.itjust.works
                  link
                  fedilink
                  English
                  arrow-up
                  2
                  arrow-down
                  2
                  ·
                  edit-2
                  9 months ago

                  A. It’s malware that does an obscene amount of spying, even compared to other social media. Forcing the sale isn’t good enough. It should have been outright banned.

                  B. That’s incorrect. Their authority over foreign trade is unconditional and absolute. There are absolutely zero restrictions on what they can do to restrict foreign trade. Non-US companies have literally zero constitutional rights. They can ban all trade with any foreign person or business who has any commercial interaction with China if they wish. The Constitution places absolutely zero restrictions on their authority to restrict international trade.

                  No, the slippery slope does not exist, ignoring that that’s a stupid fallacy for a reason. I am not an enemy state. I am a US citizen. I have Constitutional rights. TikTok doesn’t, and for very good reason.

                  • Maggoty@lemmy.world
                    link
                    fedilink
                    English
                    arrow-up
                    2
                    arrow-down
                    1
                    ·
                    9 months ago

                    Oh now it’s malware? Funny, I haven’t seen it on any warning lists. Google hasn’t thrown it’s shield up and made me click the naughty button. Is there any reputable source saying it’s malware? Or are you just hoping I wasn’t tech literate?

                    International trade is literal trade, not just any foreigner offering a service. Foreign companies operating inside the US have the same rights you or I or Hobby Lobby have. Anything less runs into the same problems with restricting the Rights of non citizen individuals, namely that citizens inevitably lose those rights too. As long as they’re here they have the same rights.

        • jumjummy@lemmy.world
          link
          fedilink
          English
          arrow-up
          9
          arrow-down
          12
          ·
          9 months ago

          The alternative is to outright ban it. Tik Tok is a cancer directly controlled by a hostile nation state. The government absolutely has the right to block foreign interference like this.

          • Maggoty@lemmy.world
            link
            fedilink
            English
            arrow-up
            8
            arrow-down
            3
            ·
            9 months ago

            Pray tell how is this any worse than Facebook? Is the CCP in the Los Angeles TikTok office moderating content?

            Or is this just more bullshit invented on the spot to justify an unconstitutional power grab?

            • Lynthe@sh.itjust.works
              link
              fedilink
              English
              arrow-up
              3
              arrow-down
              4
              ·
              9 months ago

              Facebook isn’t under an obligation to provide America’s data directly to the government of a hostile foreign power. Tiktok is

              • Maggoty@lemmy.world
                link
                fedilink
                English
                arrow-up
                6
                arrow-down
                3
                ·
                9 months ago

                An obligation? Is there proof of that? That’s a pretty incendiary accusation.

                  • Maggoty@lemmy.world
                    link
                    fedilink
                    English
                    arrow-up
                    4
                    arrow-down
                    1
                    ·
                    9 months ago

                    Bytedance owning a stake in TikTok does not mean they can require TikTok to share data. Especially if we made a common sense law to protect data saying it’s not allowed to leave the country.

                    Oh wait, that’s already a thing. And we just let Meta and the other data vendors keep doing it.

              • OftenWrong@startrek.website
                link
                fedilink
                English
                arrow-up
                3
                arrow-down
                1
                ·
                9 months ago

                Facebook literally conducted “social experiments” on like a million of their users and didn’t even get a slap on the wrist. What you’re saying isn’t even true but if it was so what? Another country profits off of stealing my data instead of the US? What has the US ever given me for my data? My taxes already help.fund genocides and I don’t get any say in any of it so fuck it.

      • OftenWrong@startrek.website
        link
        fedilink
        English
        arrow-up
        2
        arrow-down
        1
        ·
        9 months ago

        Because it has absolutely nothing to do with any of that and everything to do with US corporations wanting our data and eyeballs back. If you think otherwise you’re just too easily manipulated.