D.C. Circuit Court Upholds TikTok Ban, Prioritizing ‘National Security’ Over Free Speech

A federal appeals court ruled Friday that the federal government can tell a foreign-owned website that it must either sell itself to an American owner or be banned.

TikTok is one of the most popular social media sites on the planet, with more than a billion monthly active users worldwide and 170 million in the United States. Both Democrats and Republicans have long complained that the app—owned by ByteDance, a company based in China—is a potential vector for Chinese propaganda.

Much of the controversy stems from the level of control that the People’s Republic of China (PRC) demands over the private companies operating within its borders. The theory goes that Beijing could force ByteDance to turn over TikTok user data, or manipulate user algorithms to promote content favorable to the Chinese Communist Party.

Given China’s well-earned reputation as a repressive state, those could conceivably happen—though the key word there is conceivably. While many lawmakers have insisted that TikTok is an active national security threat, they have presented no evidence for this, at most claiming to have seen classified information that affirms their warnings.

During his first term, President Donald Trump threatened to ban TikTok outright unless it were purchased and operated by an American company. (Trump has reversed course since leaving office, now promising to “save” the app.) And this year President Joe Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act. Singling out TikTok and ByteDance by name, the law made it functionally illegal for “a foreign adversary controlled application” to operate within the United States, or for any other entity to provide “internet hosting services to enable the distribution, maintenance, or updating” of the app.

The law defined the term “controlled by a foreign adversary” to include not only companies owned wholly by Chinese entities but also one in which a citizen of an adversarial nation “directly or indirectly own[s] at least a 20 percent stake.” In other words, even if the overwhelming majority of a company’s shares were owned by Americans, it could be banned or forced to divest so long as the remaining shares were held by Chinese, Russian, or Iranian citizens.

In order to continue operating within the United States, the only recourse would be to sell TikTok to an American company by January 19, 2025—Joe Biden’s last full day in office.

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Dad Posts TikTok Video Bragging About His 10-Year-Old ‘Trans’ Son Going on a Date

A proud dad posted a TikTok video bragging about his 10-year-old ‘trans’ son going on a date in a mini-skirt, and suffice to say the reaction on X wasn’t very enthusiastic.

“(This is) my daughter Edie and today is a big day because she’s going on her first date,” states the dad.

The child then twirls in a mini-skirt and explains how he has bought his date some gifts, including four Stranger Things Funko Pop toys.

“I also got him this iPad so he can face time me, I’ll also be keeping this if the date isn’t going well,” says the kid.

The video then shows the child leaving the house to go on the ‘date’.

This is wrong in so many ways, it’s difficult to process them all.

First of all, why is a 10-year-old child going on any kind of romantic date at all?

Second, why the is father publicly boasting about transing his own son at such a young age?

Respondents on X didn’t exactly express as much enthusiasm about the ‘date’ as the father seemed to exhibit.

“The fetishes of the father being enacted through the son,” claimed one.

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Judges in TikTok Case Seem Ready to Discount First Amendment

A US circuit court panel appears ready to uphold a federal law that would effectively ban the popular social media network TikTok because it’s owned by the Chinese company ByteDance. The legal attacks on the video platform—which FAIR (8/5/205/25/2311/13/233/14/24) has written about before—are entering a new phase, in which judicial interpreters of the Constitution are acting as Cold War partisans, threatening to throw out civil liberties in favor of national security alarmism.

Earlier this year, despite widespread protest (Guardian3/7/24), President Joe Biden signed legislation forcing TikTok’s owner “to sell it or face a nationwide prohibition in the United States” (NBC4/24/24). Advocates for the ban charge that data collection—which is a function of most social media networks—poses a national security threat because of the platform’s Chinese ownership (Axios3/15/24).

Given that TikTok is a global platform, with 2 billion users worldwide, demands that ByteDance sell it off are in effect another name for a ban; an analogy would be Beijing allowing Facebook to operate in China only if Meta sold the platform to a non-US company.

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Ohio Town Flooded With African Migrants After Social Media Apps Teach How To Illegally Enter USA

Hundreds of illegal aliens from the West African country of Mauritania have recently descended upon Cincinnati, Ohio, thanks to social media apps TikTok and WhatsApp providing them with instructions.

According to Fox 19 Cincinnati, around one thousand Mauritanians have settled in the city in recent weeks.

U.S. Border Patrol data shows over 8,500 Mauritanians entered the U.S. between March and June.

John Keuffer, the CEO of a Cincinnati non-profit called Valley Interfaith Community Resource Center, told Fox 19, “We don’t know where they’re from, we don’t know how to communicate with them, and it created quite an issue for us.”

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Banning TikTok isn’t the flex proponents think it is

TikTok and its parent company ByteDance this week sued to block a new law banning the social media app, claiming it is unconstitutional because it infringes upon Americans’ right to free speech and prevents access to lawful information.

The law, passed in April, would ban TikTok in the U.S. if ByteDance does not liquidate its American assets within nine to 12 months — citing national security concerns about the app. National security has been at the forefront of U.S. bans on Chinese tech, such as the ban on selling telecom equipment and services from Huawei, ZTE, and other Chinese providers.

Another concern about TikTok — data privacy and security — is not entirely unfounded, as about 150 million Americans use it. However, China does not need apps like TikTok to collect that data. U.S. consumer data can be bought on the open market from data brokers, including precise location and financial transaction data. Even the U.S. National Security Agency has leveraged data brokers to collect Americans’ data. Anonymized data is also not the fail-safe measure that it is touted to be, as it can be de-anonymized using data that is not considered personally identifiable, like sex, ZIP code, and birthdate. In some ways, TikTok even collects less private information than Meta. In short, TikTok is no more a unique threat to data privacy and security than are data brokers and other American social media sites.

Banning TikTok or any other Chinese business in the U.S. won’t protect U.S. citizens’ data from exploitation. The sheer profitability of U.S. citizens’ data for businesses — both buyers and sellers – is undergirded by the lack of protections for collecting data or compensating individuals for their data. Solving this problem eventually would require federal-level, comprehensive data privacy and protection regulations. Without such regulation, there is little incentive for social media companies — Chinese or not — to responsibly buy, sell, collect, or otherwise exploit user data. If the U.S. government’s goal is to protect private American citizens’ data to enhance national security, then it must legislate acceptable limits on the exploitation of Americans’ data, perhaps even following a framework like the European Union’s General Data Protection Regulation.

Some believe that banning TikTok and other Chinese apps in the United States could force China to provide more equitable access to the Chinese market and put pressure on China to change unfair business practices towards foreign firms, like intellectual property theftopaque subsidization and preferential treatmentraids, and fines. These inequities have long been a major concern and subject of high-level conversations between U.S. and Chinese officials. However, the U.S. bans on Chinese businesses so far appear to have neither compelled Chinese businesses nor the Chinese government to change their behaviors, instead spurring them to reduce reliance on the U.S. market and focus on exploring alternative markets.

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TikTok Sues US Government Over Forced Divestment Law

TikTok filed a lawsuit on Tuesday to block a new law requiring either the sale of the app by its Chinese parent company or its removal from app stores and web-hosting services. About two weeks ago, President Joe Biden signed the bill, which had passed both legislative chambers with broad bipartisan support.

In a filing with a federal appeals court in Washington, TikTok challenges the constitutionality of the new law on the grounds that the U.S. government infringed the First Amendment rights of TikTok and its hundreds of millions of users over national security concerns.

The new law sets the initial deadline for a TikTok sale by January 2025, and President Biden can decide to extend the deadline by another three months to allow the deal to be completed.

Lawmakers supporting the new law argued that it was not a ban but a divestiture aimed at preventing the Chinese Communist Party (CCP) from accessing American consumer data and the algorithm owned by TikTok’s Chinese parent company, ByteDance, from potentially influencing Americans.

However, the company has maintained that it has not and will not share American user data with the CCP. According to China’s counterespionage law, ByteDance must hand over data on American users if requested.

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Mitt Romney Says Congress Supports Banning TikTok for Israel

In a conversation with Secretary of State Antony Blinken, Sen. Mitt Romney (R-UT) acknowledged that banning TikTok has such strong support in Congress because the social media platform has hurt Israel’s public relations battle.

“Some wonder why there was such overwhelming support for us to shut down, potentially, TikTok or other entities of that nature,” Romney said at the McCain Institute this past Friday. “If you look at the postings on TikTok and the number of mentions of Palestinians relative to other social media sites, it’s overwhelmingly so among TikTok broadcasts.”

The official justification for targeting TikTok is the unfounded allegation that it’s a Chinese spy tool because its parent company, ByteDance, is based in China. But Romney’s comments suggest the real purpose of the renewed push to ban the app after a similar effort failed years ago was to censor news coming out of Gaza and pro-Palestinian content.

Blinken blamed social media in general when asked by Romney why Israel was losing the global PR war. Palestinian journalists have been able to broadcast to the whole world the atrocities committed by Israel in Gaza using social media, including graphic videos of dead or wounded children being dug out of rubble following an Israeli airstrike.

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The TikTok Ban Is The Next Patriot Act

HR 7521, called the Protecting Americans from Foreign Adversary Controlled Applications Act, is a recent development in American politics. TikTok has been in the news for the past few years, after the public became aware of its connections to China. The popular social media mobile app is currently owned by ByteDance Ltd, a Chinese company. China and the United States currently have a rocky relationship, leading to fears that the Chinese government could potentially use this app to spy on American citizens. Several states and counties voted to restrict the usage of the app in some ways, mostly disallowing government employees from using it on government-owned phones. Earlier this month, the United States Congress passed a piece of legislation that would restrict the app’s availability if certain requirements are not met by ByteDance.

Putting aside the idea that politicians rarely have pure motives, this act has the potential to be just as dangerous as the Patriot Act. With a supposed goal of protecting American national security, the Patriot Act granted sweeping permissions to the federal government and the National Security Agency to spy on American citizens, with far less due process. In addition to having the potential to violate privacy rights and the Fourth Amendment, this new act is a blatant attack on property rights. Mobile device manufacturers and owners have every right to install whatever software they would like, as it is their property. Any illusion of a right to national security is immediately contradicted as collective rights are positive in nature and thus not rights at all.

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TikTok Ban Exposes Hypocrisy in Congress

President Biden’s campaign will continue using the popular social media site TikTok even though the president supported a provision in the military aid bill he recently signed forcing TikTok’s parent company ByteDance to sell TikTok within 270 days. If ByteDance does not sell TikTok within the required time, TikTok will be banned in the USA. Biden’s continued use of TikTok to reach the approximately 150 million American TikTok users, is not the only example of hypocrisy from politicians who support the TikTok ban.

The TikTok ban was driven by claims that, because ByteDance is a Chinese company, TikTok is controlled by the Chinese government and, thus. is helping the Chinese government collect data on American citizens. However, the only tie ByteDance has to the Chinese government is via a Chinese government controlled company that owns a small amount of stock in a separate ByteDance operation. Furthermore, ByteDance stores its data in an American facility not accessible by the Chinese government.

Just days before passing the TikTok ban, the same Senate that is so concerned about TikTok’s alleged violations of Americans’ privacy passed the FISA reauthorization bill. This bill not only extended existing authorities for warrantless wiretapping and surveillance, it made it easier for government agencies to spy on American citizens. It did this by requiring anyone with access to a targeted individual’s electronic device to cooperate with intelligence agencies.

Supporters of banning TikTok also cited concerns over the site’s “content moderation” policies. These policies reportedly forbid postings embarrassing to the Chinese government such as some related to the 1989 Tiananmen Square confrontation or the Free Tibet movement.

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TikTok Announces Crack Down on “Conspiracy Theories”

As of May 17, TikTok will start implementing new rules affecting content appearing on the app’s For You feed (FYF), and the changes are prompted by concerns about so-called “harmful speech” and “misinformation.”

FYF is vital for the visibility of content, since it opens and plays videos automatically when the app is launched, something TikTok refers to as its “personalized recommendation system.”

A post on the company’s site titled, “For You feed Eligibility Standards,” reveals that content that is deemed as health or news “misinformation” will be censored from this tab more stringently going forward.

On the health side, TikTok looks to clamp down on anything from videos promoting “unproven treatments,” dieting and weight loss, plastic surgery (unless related risks are included as well), videos allegedly misrepresenting scientific findings, to the very broadly defined content that is considered misleading, and “could potentially” cause harm to public health.

Clarity is not the announcement’s strong suit, and so the new rules will tackle even such things as “overgeneralized mental health information.” Also in the FYF “doghouse” will be content that’s found to be too focused on “sadness” (including “sharing sad quotes”).

Then there’s the blog post’s “explanation” that some types of content “may be fine if seen occasionally, but problematic if viewed in clusters.”

What this actually means is control of users’ exposure to content at its finest: “We will interrupt repetitive content patterns to ensure it is not viewed too often,” TikTok said.

When it comes to hate speech, “outlawed” is now even “some content” that is deemed to be making insinuations or indirect statements about protected groups – such that “may implicitly demean” them.

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