Poll of the Day > TikTok to sue Trump Administration over ban.

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WastelandCowboy
08/08/20 1:27:09 PM
#1:


https://www.npr.org/2020/08/08/900394707/tiktok-to-sue-trump-administration-over-ban-as-soon-as-tuesday

TikTok is planning to sue the Trump administration, challenging the president's executive order banning the service from the United States.

The video-sharing app hugely popular with the smartphone generation TikTok will file the federal lawsuit as soon as Tuesday, according to a person who was directly involved in the forthcoming suit but was not authorized to speak for the company. It will be filed in the U.S. District Court for the Southern District of California, where TikTok's American operations are based, the person said.

NPR has learned that the lawsuit will argue that the president's far-reaching action is unconstitutional because it failed to give the company a chance to respond. It also alleges that the administration's national security justification for the order is baseless, according to the source.

"It's based on pure speculation and conjecture," the source said. "The order has no findings of fact, just reiterates rhetoric about China that has been kicking around."

The White House declined to comment on the expected litigation, but defended the president's executive order. "The Administration is committed to protecting the American people from all cyber related threats to critical infrastructure, public health and safety, and our economic and national security," according to White House spokesman Judd Deere.

Under the president's Thursday night executive order, "any transaction" between a U.S. citizen and TikTok's Beijing-based parent company, ByteDance, will be outlawed in 45 days for national security reasons.

Such a sweeping ban would be fatal for TikTok in the U.S.

It is hugely popular among teenagers and twenty-somethings in the U.S., where more than 100 million users have downloaded the app. They use it to share dances and comedy skits in 60-second video bites, which often go viral. The app has become such a cultural phenomenon that it has become a platform to discover new music and has even launched several breakout hits that have topped the Billboard charts. The app has also been used to antagonize the president, including when thousands of teens reserved tickets to the president's rally in Tulsa, Okla. with no intention of going, inflating the Trump campaign's expectations for the event and causing embarrassment over the disappointing turnout.

If the presidential ban goes into effect, the app may no longer be able to send software updates, rendering TikTok unmanageable on smartphones, and eventually nonfunctional, with time.

The lawsuit stands to cut off American advertisers on its app and force Apple and Google to remove it from mobile app stores.

TikTok's more than 1,000 U.S.-based employees could have their paychecks indefinitely frozen. It could force landlords housing TikTok operations to evict them. And Trump's order could make it impossible for American lawyers to represent TikTok in any U.S. legal proceedings.

The source familiar with TikTok's internal discussions on the matter says the president's order appeared rushed and did not include carve-outs or exceptions for TikTok to maintain any legal representation, which the company plans to argue is a violation of due process rights.

Typically, if the federal government launches an investigation, it will inform the company with a subpoena or some other kind of notice demanding a response to allegations of misconduct or malfeasance. Federal investigators at times also call representatives of the company for a confidential meeting about a looming enforcement action.

According to those working on TikTok's legal team, no such outreach from the White House requesting evidence took place before Thursday's executive order, and TikTok lawyers view that as a short-cutting of standard procedure.

As such, the president's move took many inside TikTok aback.

Officials at TikTok acknowledged as much in its response to the order. "We are shocked by the recent Executive Order, which was issued without any due process," TikTok said in a statement. "The text of the decision makes it plain that there has been a reliance on unnamed 'reports' with no citations, fears that the app "may be" used for misinformation campaigns with no substantiation of such fears, and concerns about the collection of data that is industry standard for thousands of mobile apps around the world."

Officials at TikTok declined to publicly comment on the looming legal battle.
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Mead
08/08/20 1:32:14 PM
#2:


Good. Privacy concerns are a real problem and they need a real solution, not shot from the hip political stunt. Theres no actual evidence that tiktok has done anything nefarious, meanwhile theres a mountain of evidence that Facebook and google doing all sorts of shady shit with our info. None of these companies are our friends so we need some actual legislation to protect our reasonable right to privacy.

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Judgmenl
08/08/20 1:38:35 PM
#3:


Cool.


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Zeus
08/08/20 2:10:55 PM
#4:




"It's based on pure speculation and conjecture," the source said. "The order has no findings of fact, just reiterates rhetoric about China that has been kicking around."

Feels like the old, "We're doing it, but you can't prove it!" defense >_>

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Smarkil
08/08/20 2:12:30 PM
#5:


Mead posted...
Theres no actual evidence that tiktok has done anything nefarious,

uh

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Mead
08/08/20 2:20:18 PM
#6:


Smarkil posted...
uh

post it

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Revelation34
08/08/20 2:36:18 PM
#7:


Smarkil posted...


uh


He's right. It's the same bullshit Trump claimed about Kaspersky.
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Hop103
08/08/20 2:38:37 PM
#8:


Tiktok wants to continue spying on US citizens for the benefit of the CCP. They need to pack their fascistic bags and leave the US.
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Yellow
08/08/20 2:40:24 PM
#9:


Hop103 posted...
Tiktok wants to continue spying on US citizens for the benefit of the CCP. They need to pack their fascistic bags and leave the US.
Soooo... baseless conjecture?

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Smarkil
08/08/20 5:30:16 PM
#10:


Smarkil posted...
uh

https://www.washingtonpost.com/technology/2019/02/27/us-government-fined-app-now-known-tiktok-million-illegally-collecting-childrens-data/

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Mead
08/08/20 5:35:55 PM
#11:


Smarkil posted...
https://www.washingtonpost.com/technology/2019/02/27/us-government-fined-app-now-known-tiktok-million-illegally-collecting-childrens-data/

thats more of an issue with the pre-merger company years ago not getting the appropriate parental consent for underage users

It was dealt with swiftly and appropriately, and doesnt have anything to do with all the conspiracy gaslighting going on right now

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Phantom_Nook
08/08/20 6:57:42 PM
#12:


Yeah, makes sense they wouldn't take that laying down.
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Smarkil
08/08/20 10:28:04 PM
#13:


Mead posted...
thats more of an issue with the pre-merger company years ago not getting the appropriate parental consent for underage users

It was dealt with swiftly and appropriately, and doesnt have anything to do with all the conspiracy gaslighting going on right now

How can you possibly in the same breath chastise Facebook and Google for collecting user data and simultaneously give a pass to TikTok at the very best doing exactly the same thing they do, and at worst doing far worse than they do considering their data collection guidelines are under far less scrutiny.

Here's more if you really think the data collection is just a 'conspiracy'.

Zimperium - A mobile security company
https://blog.zimperium.com/zimperium-analyzes-tiktoks-security-and-privacy-risks/

Penetrum - A mobile security company
https://penetrum.com/tiktok/Penetrum_TikTok_Security_Analysis_whitepaper.pdf

Or how bout that their exists API's built into the system that move data directly to Alibaba which openly admits in their privacy policy that they share and sell user data.

It may not be used as some sort of weird CCP spy shit, but its absolutely egregious regardless. I don't know that it means it should be banned by the government unless they can prove some sort of government spy shit (impossible) but let's not pretend this fucking thing is all hunky dory.

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JixHedgehog
08/09/20 3:04:43 AM
#14:


So if M$ dont step in to buy it, or they want to and China doesnt want to sell it, the app is done?

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Mead
08/09/20 3:51:40 AM
#15:


Smarkil posted...
How can you possibly in the same breath chastise Facebook and Google for collecting user data and simultaneously give a pass to TikTok

who said anything about giving them a pass

Mead posted...
None of these companies are our friends so we need some actual legislation to protect our reasonable right to privacy.


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Smarkil
08/09/20 4:03:48 AM
#16:


Mead posted...
who said anything about giving them a pass

You

Theres no actual evidence that tiktok has done anything nefarious

And guess what. You know how many American laws would apply to a Chinese company? I'm gonna give you a hint. It's zero.

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Mead
08/09/20 4:14:56 AM
#17:


Smarkil posted...
And guess what. You know how many American laws would apply to a Chinese company? I'm gonna give you a hint. It's zero.

if theyre operating in the US then our laws do apply to them

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CyborgSage00x0
08/09/20 4:33:16 AM
#18:


If there's a way both parties could lose and lose money, that would be great.

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FrndNhbrHdCEman
08/09/20 5:55:37 AM
#19:


Mead posted...
Good. Privacy concerns are a real problem and they need a real solution, not shot from the hip political stunt. Theres no actual evidence that tiktok has done anything nefarious, meanwhile theres a mountain of evidence that Facebook and google doing all sorts of shady shit with our info. None of these companies are our friends so we need some actual legislation to protect our reasonable right to privacy.
Hes just trying to distract atm. Voters need to focus on the real issue of the pandemic hes fucked up royally.

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Yellow
08/09/20 1:10:55 PM
#20:


Smarkil posted...
Or how bout that their exists API's built into the system that move data directly to Alibaba which openly admits in their privacy policy that they share and sell user data.
Oh shit. Broken clock time? This actually kind of makes sense? Though I'd have to do more research.

Yeah if they're sending data directly to a Chinese company with no accountability that is kind of alarming.

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Mead
08/09/20 2:20:41 PM
#21:


If the CCP wants our data it would be a hell of a lot easier for them to just buy it from one of the many US companies that would happily sell it to them

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_AdjI_
08/09/20 2:30:42 PM
#22:


Smarkil posted...
https://www.washingtonpost.com/technology/2019/02/27/us-government-fined-app-now-known-tiktok-million-illegally-collecting-childrens-data/

Oh, there's no question that TikTok is collecting an absurd amount of data. They haven't however, done anything actually nefarious with it, meaning they're about as much as a "national security threat" as Google or Facebook. Certainly, data collection on that scale is alarming, and it introduces the possibility for those who purchase the data to use it for nefarious deeds, but that's true regardless of who collects it. These concerns should be prompting large-scale regulations on data collection that apply to everyone that operates on American e-soil, not a publicity stunt for Trump to score anti-China points and distract people from his mishandling of the pandemic.
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Yellow
08/09/20 2:39:24 PM
#23:


_AdjI_ posted...
Oh, there's no question that TikTok is collecting an absurd amount of data. They haven't however, done anything actually nefarious with it, meaning they're about as much as a "national security threat" as Google or Facebook. Certainly, data collection on that scale is alarming, and it introduces the possibility for those who purchase the data to use it for nefarious deeds, but that's true regardless of who collects it. These concerns should be prompting large-scale regulations on data collection that apply to everyone that operates on American e-soil, not a publicity stunt for Trump to score anti-China points and distract people from his mishandling of the pandemic.
There's no doubt in my mind that Trump did this just because he hates China, but that doesn't necessarily mean it's a bad thing. I'm ok with Google using our data because they're under our jurisdiction and they're very transparent about their business model. They provide free services and we provide anonymous data. They don't want to violate that trust because it would be bad for them financially.

Alibaba, on the other hand, has no jurisdiction. All companies in China are in one way or another controlled by the Chinese government. They have no privacy rules, no accountability, and can do whatever they want with it.

The way I see this is Trump went to his "best people", told them he wanted revenge on Chinea, and they got their lawyers and slapped this together, finding the best legal grounds to get back at China. Imo their legal grounds are good. There's no way Trump understands this lawsuit anyway. I don't expect any politician over the age of 65 to understand, and Trump definitely wouldn't.

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Mead
08/09/20 3:14:54 PM
#24:


Yellow posted...
I'm ok with Google using our data because they're under our jurisdiction

other way around actually

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VeeVees
08/09/20 3:57:25 PM
#25:


They really need to go to war. It's gonna be so much fun.

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Revelation34
08/09/20 4:01:11 PM
#26:


VeeVees posted...
They really need to go to war. It's gonna be so much fun.


What would be fun about China losing to tomahawks?
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Muscles
08/09/20 4:03:53 PM
#27:


Can china fuck off already? It's like everything they do is just to be an asshole for the sake of being an asshole

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VeeVees
08/09/20 4:06:45 PM
#28:


Revelation34 posted...
What would be fun about China losing to tomahawks?
I hope it will escalate to a real world war where pretty much the entire world is a warzone.

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Mead
08/09/20 4:53:18 PM
#29:


Muscles posted...
Can china fuck off already? It's like everything they do is just to be an asshole for the sake of being an asshole

Im not saying China doesnt have a ton of issues, but youre being fed a bunch of red scare propaganda about them on a daily basis

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Mead
08/09/20 4:54:09 PM
#30:


VeeVees posted...
I hope it will escalate to a real world war where pretty much the entire world is a warzone.

girl you so edgy

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WastelandCowboy
08/09/20 5:03:56 PM
#31:


Mead posted...
Im not saying China doesnt have a ton of issues, but youre being fed a bunch of red scare propaganda about them on a daily basis
You can say the exact same thing about Russia.
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Mead
08/09/20 5:07:03 PM
#32:


WastelandCowboy posted...
You can say the exact same thing about Russia.

yep

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Revelation34
08/09/20 7:08:23 PM
#33:


Muscles posted...
Can china fuck off already? It's like everything they do is just to be an asshole for the sake of being an asshole


"Trump made it up".
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FrndNhbrHdCEman
08/09/20 7:45:18 PM
#34:


Mead posted...
Im not saying China doesnt have a ton of issues, but youre being fed a bunch of red scare propaganda about them on a daily basis
Tbf Muscles seems exactly like the type to be suckered into propaganda.

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Smarkil
08/11/20 2:43:42 AM
#35:


Mead posted...
Im not saying China doesnt have a ton of issues, but youre being fed a bunch of red scare propaganda about them on a daily basis

Tell that to the Uyghurs and hong kong

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SirPikachu
08/11/20 9:40:20 AM
#36:


Good.

Absolutely fuck China.

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Revelation34
08/11/20 3:09:18 PM
#37:


SirPikachu posted...
Good.

Absolutely fuck China.


What's good about making something up? Not to mention Trump making up something like this twice.
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The_tall_midget
08/11/20 3:42:18 PM
#38:


The Chinese could literally be hacking the regressives computers right now and they would still act like China are not doing the things they've been doing for the last 10 years.

Yes, folks, it's all conspiracy theories, China are the good guys, it's the Drumpf's fault. Keep it up! <pats head>

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Sonicplys
08/11/20 4:11:32 PM
#39:


Ke$$$$$ha

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Revelation34
08/11/20 4:56:32 PM
#40:


The_tall_midget posted...
The Chinese could literally be hacking the regressives computers right now and they would still act like China are not doing the things they've been doing for the last 10 years.

Yes, folks, it's all conspiracy theories, China are the good guys, it's the Drumpf's fault. Keep it up! <pats head>


So you also think Kaspersky did the same?
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Mead
08/11/20 5:04:50 PM
#41:


Smarkil posted...
Tell that to the Uyghurs and hong kong

whats going on with the uyghurs is horrific and world leaders should be ashamed that they arent doing more to pressure China into stopping what theyre doing

The Hong Kong situation sucks but it was inevitable, its part of China

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Revelation34
08/11/20 5:06:53 PM
#42:


Mead posted...


whats going on with the uyghurs is horrific and world leaders should be ashamed that they arent doing more to pressure China into stopping what theyre doing

The Hong Kong situation sucks but it was inevitable, its part of China


They just don't want to do anything about it.
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The_tall_midget
08/11/20 5:49:17 PM
#43:


Revelation34 posted...
So you also think Kaspersky did the same?

So you also think that SERN will take over the world with a time machine?

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Revelation34
08/11/20 5:58:44 PM
#44:


The_tall_midget posted...


So you also think that SERN will take over the world with a time machine?


Wat.
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