Comment by 65 2 days ago
Does this only apply to TikTok or any other "foreign adversary" application that collects user data?
What's stopping another version of TikTok from being created, effectively defeating the purpose of banning a single app?
If it gains more than 1 million active users and the president deems it to represent a potential threat, yes
Edit: assuming they, like tiktok, refuse to divest to a company based in the US
Edit: also assuming it is a foreign company. I’ve never even heard of it prior to this comment section
By this reading, and since Trump is sworn in on the 20th, it is really up to his discretion as to whether the tiktok ban remains.
He probably should let it stand for a day or two, and then drop an executive order to make it not banned and thus be a hero to all those who use it.
That's not quite correct, b/c the above only applies to companies other than TikTok/ByteDance, which are called out explicitly in the Act.
However, there is an open question as to whether Trump will choose to enforce the law.
Surprised Supreme Court let that through. Passing laws directed at particular individuals is not kosher under the article 1 Section 9. Clause 3.
>No Bill of Attainder or ex post facto Law shall be passed.
Then again, the bill is creating a framework to allow a President to essentially ignore that particular enjoinder and SCOTUS has already shown themselves willing to let a President run rampant.
As you might imagine, the decision, linked in the comments here, goes into detail about why that does not apply in this case (foreign company, so the protections of the constitution don’t apply, and national security interest)
It doesn't defeat the purpose. You can just make a new ban. There would be less friction since there is already an example.
You could have read either the law or the decision, linked in the comments here, to get the answer to this question.
From the decision:
> Second, the Act establishes a general designa-
> tion framework for any application that is both (1) operated
> by a “covered company” that is “controlled by a foreign ad-
> versary,” and (2) “determined by the President to present a
> significant threat to the national security of the United
> States,” following a public notice and reporting process.
> §2(g)(3)(B). In broad terms, the Act defines “covered com-
> pany” to include a company that operates an application
> that enables users to generate, share, and view content and
> has more than 1,000,000 monthly active users. §2(g)(2)(A).
> The Act excludes from that definition a company that oper-
> ates an application “whose primary purpose is to allow us-
> ers to post product reviews, business reviews, or travel in-
> formation and reviews.” §2(g)(2)(B).