How so? Not every app is 1. Owned and controlled by an adversarial state, 2. In the hands of every American youth, and 3. Providing opaquely generated/sorted content.
So explain how every app is an equivalent security threat.
TikTok is just as much "owned and controlled" by an adversarial state as any app by US corporations is "owned and controlled" by the US government due to national security letters and the CLOUD Act.
Some reading:
https://www.nytimes.com/2016/02/23/world/asia/china-media-po...
https://www.newyorker.com/news/daily-comment/why-china-crack...
“Jan 25 - Xi Jinping, general secretary of the Communist Party of China (CPC) Central Committee, on Friday stressed efforts to boost integrated media development and amplify mainstream tone in public communication so as to consolidate the common theoretical foundation for all Party members and all the people to unite and work hard.”
In case you missed it, I’ll emphasize the relevant point: “via warrant or subpoena”
This is not “exactly,” as you say, the same provision.
No sensible person would suggest the American system is perfect. But to suggest that an imperfect system of checks and balances is tantamount to an actual unashamed dictatorship is equally divorced from reality.
There’s nowhere for this conversation to go, so have a good weekend!
Also, I've never stated that the entire US governmental system was "tantamount" to a dictatorship - this is a straw man you're putting up there. I named very particular legislation that I indeed consider equivalent to what it is you're suggesting the Chinese government is doing. If you want to rebuke that argument - fine, I'm listening! But please stop putting up straw men just because it turns out that it's kind of hard to defend the existence of such opaque and unchecked pockets of power if your entire argument builds on the superiority of a system that is designed to balance and limit individuals' power over one that just lets those in power reign over anyone else.
Also, abbub brought up a great point here that I want to emphasize: "checks and balances" that are weak in practice and depend on those in power to "just behave" are ineffective and shouldn't be considered equal to actual, enforceable limitations. I was stunned how close a US president can get to a dictator in terms of effective powers if he just decides to stop caring about morals, political conventions and other "soft limits". This experience seems to be an argument against the concept of "let's just trust everyone to play nice" and a clear indicator for the need of actual, effective and enforceable limitations to power. Those regulations that I criticized now are the exact opposite of this.
Of course there are. Congress can pass laws limiting executive actions. And the courts can constrain it.
None of which apply to this action, which has been publicly promulgated and will be publicly enforced and challenged.
Also, secret courts and NSLs are an abomination. Subpoenas are legal demands for information.
Banning an app because you are worried about external cultural influence on your youth ends any such claim.
Here's what OED says. (b) looks interesting, especially with the 1st amendment complications.
(Unless I'm missing something and arbitrarily is defined in US constitutional documents??)
---begin---
arbitrarily, adv. (ˈɑːbɪtrərɪlɪ)[f. arbitrary + -ly 2.]
arbitrarily, adv. In an arbitrary manner, at will;
arbitrarily, adv. a. merely at will, without sufficient reason, capriciously;
arbitrarily, adv. b. unconstitutionally, despotically.
a1626: Davies Quest. Impositions 131 “This power of laying on arbitrarily new impositions.”
1656: Hobbes Six Less. Wks. 1845 VII. 394 “The point F is not to be taken arbitrarily.”
1754: Edwards Freed. Will iv. 2 (ed. 4) 279 “The meaning that they arbitrarily affix to a word.”
1769: Junius Lett. xxxv, “Their rights have been arbitrarily invaded by the present House of Commons.”
1849: Macaulay Hist. Eng. II. 126 “The Bishop of Dunkeld..was arbitrarily ejected from his see.”
1882: A. Macfarlane Consanguin. 1 “The arbitrarily chosen names of substances.”
- Wechat: this make a virtual “family separation”
- A purge of any app related to China (TuSimple, Zoom etc)
- Suspend F1 and H1B visa for “suspected” Chinese and make special scrutiny during immigration interviews for all Chinese applicants
- witch hunt more
Let me tell you what’s this: Chinese Exclusion Act II
China bans WhatsApp, Facebook Messenger, and a whole other bunch of apps.
Zoom should be scrutinized very heavily and potentially banned as well. Keep in mind China bans Skype.
https://www.cnbc.com/2019/03/26/zoom-key-profit-driver-ahead...
If the Congress (the actual body meant to crate laws) decides to create a reasoned, comprehensive law to level the playing field with Chinese companies, then they should do it.
What shouldn't happen is this kind of impulsive decision making that arguably abuses the emergency powers of the presidency to block an app that allows people to film themselves and post those recordings.
If you claim that this app is a national security threat then any app is.