No, it’s really not. Note that there is currently a very public tiff between American media and the American state. This would be impossible in China. That is the difference, regardless of whether you can pull pieces of law from either side that would indicate the contrary. State power is a complex thing that is not entirely encoded in legal code.

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.”

http://www.xinhuanet.com/english/2019-01/25/c_137774923.htm

That would be relevant for the discussion if the stated reason for banning TikTok were specific, concrete and actually happening actions of politically-motivated censorship. However, the stated reason is "national security" due to potential access to data of American people. Which - surprise! - is exactly what the CLOUD Act provides the US government with regard to ANY app with server-side data storage operated by ANY US-based corporation.

“[CLOUD Act allows] federal law enforcement to compel U.S.-based technology companies via warrant or subpoena to provide requested data stored on servers regardless of whether the data are stored in the U.S. or on foreign soil.”

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.

And what exactly prevents the US government from creating any kind of subpoena they'd like? They don't even have to defend it anywhere, because "national security" trumps the normal judicative process. The targets of the subpoena aren't allowed to talk about, and the original owners of the data sought by the government will never even see the subpoena.

Look, if you don’t believe in the western systems of checks and balances despite the long, long track record of it performing with greater regard for human dignity than any regime without checks and balances, we’re just not going to be able to have a conversation here.

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!

Meh. The last three and a half years have pretty clearly demonstrated that a large part of the foundation of America that we’ve always believed was held in place with ‘checks and balances’ were actually ‘gentlemen’s agreements’ that don’t mean shit if one side of the agreement decides to ignore them.

I do believe in actual checks and balances, especially of the transparent kind, just not in those dark pockets of unchecked power that have always existed in between the parts of government that do have proper c&b. Pretty much all the stuff labeled "national security" in the US are such pockets of largely unchecked power, even more so, they are deliberately engineered pockets of unchecked power that are designed to evade proper oversight - because, you know, "it's a matter of national security, just don't ask questions".

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.

Thing is, there are no checks and balances for this area of government activity. Otherwise why would american companies include government backdoors in their products?

> there are no checks and balances for this area of government activity

Of course there are. Congress can pass laws limiting executive actions. And the courts can constrain it.

Okay, so in theory maybe there could be checks and balances in place. In practice, however, there are instead secret court orders, subpoenas, or "national security letters".

> there are instead secret court orders, subpoenas, or "national security letters"

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.

None of which _are known to_ apply to this action. Sure. But it still doesn't change the root of the problem: the alleged security problems with Chinese products, caused by government being able to force manufacturers to do whatever their intelligence agencies require, are in fact real - but for US products, not Chinese ones.

Companies tend to fight back when it's profitable to fight back; and do their best to ignore the government otherwise. See: this week's tech CEO house hearing. I can't recall this example of the backdoors; and if you say "Clipper Chips" I'm going home.

Of course I don't mean clipper. I mean the backdoors in US telco equipment - some uncovered by Snowden, some discovered by independent researchers. If your theory were true, Chinese network equipment would be full of government backdoors, and US manufactured equipment would be free of them. In the real world, however, the reverse is true.