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US can’t ban TikTok for security reasons while ignoring Temu, other apps, TikTok argues
(arstechnica.com)
this post was submitted on 17 Sep 2024
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Legally it is a very good argument. A law targeting a single company in name or effect is literally unconstitutional. It's called a "Bill of Attainder".
The counter argument is indicting Facebook because they never stopped selling information directly to the CCP.
A US Citizen might be protected by Article 1 Section 9, but courts have adopted a three-part test to determine if a law functions as a bill of attainder:
And unfortunately for the CCP they fail #3 unless the Chinese owners divest and all Chinese centralization for the company gets shut down.
Also, the tiktok ban was passed alongside a bill outlawing sale of data to China, Iran, Russia, etc. So if FB is still selling to China it is also illegal.
You mean the CCP is not an "individual or group"?
#3. Number 3. The third part. THREE. Learn to read. All three are required conditions.
The parent company don't have judicial protections. They're based in China and are state owned and operated. The US-Based subsidiary isn't being punished, they're explicitly allowed to operate if the parent company divests, but are choosing to shut down instead.
But the subsidiary does.
And the subsidiary has explicit permission to continue operating if the parent company divests.
But explicit prohibition on continued operation if they don't. ByteDance is not affected outside of the US. Only US employees are being threatened.
Lmao, that's quite the stretch. The way I see it, US employees AND citizens would be protected from foreign spyware.
if the XI's China could stop trying to interfere with the world beyond its border they could also probably stop themselves from being targeted by legislature aimed at protecting citizens of countries outside China.
ByteDance employees chose to work for a Chinese PsyOp parent company who refuses to sell ByteDance. If anything, those employees are suffering because the CCP were given too many rights and protections for owning a business in the USA.
So you're agreeing this is a Bill of Attainder limited to a single group of American citizens?
Thanks.
The single group of American Citizens are facing no repercussions from the US Government. They're being thrown under the bus by the Chinese.