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Re:TikTok to Sue U.S. over Ban by crazygringo on Tuesday August 11, 2020 @11:08AM (#24121079)
Good. We have something called "due process" in the US, and the attempted TikTok ban violates it.

Due process is a bedrock of American law. It means government officials can't just "do what they want" and make arbitrary decisions with specific targets -- which is exactly what the TikTok ban is.

You want to ban TikTok? Great, you need a specific law from Congress that outlines under what circumstances companies may be banned in the US, and then prove the specific company meets those standards.

None of that has been done here. The president is not a dictator. TikTok should absolutely sue.

Note: this is regardless of anything TikTok has actually done privacy- or security-wise. The point isn't whether they're dangerous, the point is whether we can meet some standard of showing that they're dangerous. If they're dangerous, we need to establish how and why legally. This is what separates the rule of law from dictatorship.

[1] https://en.wikipedia.org/wiki/Due_process

Re:TikTok to Sue U.S. over Ban by mcv on Tuesday August 11, 2020 @11:16AM (#24121171)
Exactly. As far as I'm aware, TikTok is pretty much malware, meant to collect every single possible piece of information it can get access to on your phone, so I would recommend everybody to avoid it, and I'm not opposed to a ban at all.

What matters is the way it's banned. And why. And the current process feels every bit as wrong as TikTok itself.

What the US needs is proper data protection laws. And then it should enforce those laws equally against US and foreign companies. Just arbitrarily banning one thing because you realise that what you always allowed for US companies, is suddenly a problem when it's a Chinese company, is absolutely wrong.

Re:TikTok to Sue U.S. over Ban by parliament32 on Tuesday August 11, 2020 @01:10PM (#24122763)
TikTok collects less data then Facebook, Linkedin, Google, and thousands of other apps in the app store. "It collects so much info" is pure FUD.. the app doesn't even request the Location permission FFS.

Please provide a source.

Re:TikTok to Sue U.S. over Ban by foresto on Wednesday August 12, 2020 @04:17PM (#24136372)
TikTok might (as far as we know and at any given moment) collect fewer individual pieces of data than other apps, but they have been caught circumventing protections and covertly collecting data.

https://www.msn.com/en-us/news/technology/tiktok-tracked-use...

Their actions are not justified by what other apps do. Regardless of whether GP's comment included speculation or was merely using hyperbole, the sentiment is reasonable. At this point, I think it would be irresponsible to defend TikTok.

See also:

https://news.ycombinator.com/item?id=23634138

https://news.ycombinator.com/item?id=23684950

https://news.ycombinator.com/item?id=21725139

Re:TikTok to Sue U.S. over Ban by sudoaza on Tuesday August 11, 2020 @11:27AM (#24121328)
Haven't seen any report on TikTok spying, what I've seen is an in depth analysis that shows it justs reports the usual system specs and does it securely (as any app handling private data should) https://medium.com/@fs0c131y/tiktok-logs-logs-logs-e93e81626...
Re:TikTok to Sue U.S. over Ban by mcv on Tuesday August 11, 2020 @11:38AM (#24121495)
Re:TikTok to Sue U.S. over Ban by scarface74 on Tuesday August 11, 2020 @04:57PM (#24125888)
How much data can TikTok get on my phone without me knowing?

Also how is this different than Twitter that was getting a list of all installed apps until Apple tightened down on the method they used and everything that FB and Google does.

Re:TikTok to Sue U.S. over Ban by nehemiah_ on Wednesday August 12, 2020 @06:40PM (#24137916)
you can argue the same way to apps by Fb, Google, and etc. I guess you would also call Fb app a malware and recommend avoid it too? I dont mean to justify what TikTok did, but I'm curious what apps are not malware?
Re:TikTok to Sue U.S. over Ban by manquer on Tuesday August 11, 2020 @11:19AM (#24121209)
That ship has sailed long back. With the patriot act and other legislations in this area that gives enormous power to the executive , also the secretive FISA court which hardly rejects any warrant requests etc , there is no real due process when it concerns “national security” .

Congress can hardly control the three letter agencies violating amercian rights on a massive scale or blatantly lie under oath in testimony

Don’t think a foreign company is going to allowed to actually proceed with a suit involving national security as the administration is going ton claim

Re:TikTok to Sue U.S. over Ban by nouveaux on Tuesday August 11, 2020 @11:24AM (#24121281)
I am uninformed here. Isn't CFIUS due process? This started back in November 2019.

https://www.reuters.com/article/us-tiktok-cfius-exclusive/ex...

Re:TikTok to Sue U.S. over Ban by fspeech on Tuesday August 11, 2020 @05:19PM (#24126100)
Yes CFIUS is due process but this executive order isn't CFIUS. CFIUS can order the unwinding of the original deal but not some arbitrary action including demanding a sales commission.
Re:TikTok to Sue U.S. over Ban by tssva on Thursday August 13, 2020 @02:09PM (#24146277)
"You want to ban TikTok? Great, you need a specific law from Congress that outlines under what circumstances companies may be banned in the US, and then prove the specific company meets those standards."

There is a specific law, the International Emergency Economic Powers Act, which specifies when and how a president can ban economic exchanges with foreign entities. I think you will be disappointed to find out that under this law there is no real due process required. The president only needs to declare a national emergency in regards to the ban and then send a report to Congress detailing why the declaration and ban are justified. If Congress disagrees it is justified they can pass a resolution overriding the ban.

Re:TikTok to Sue U.S. over Ban by mensetmanusman on Tuesday August 11, 2020 @02:59PM (#24124402)
Due process resulted in the presidency having way too much power.

Now, due process has to start focusing on increasing the federal structure of state’s power and the power that comes with their senators / house / etc.

Re:TikTok to Sue U.S. over Ban by Fjolsvith on Wednesday August 12, 2020 @11:08AM (#24132795)
Yeah, let that American "Due Process" show China how they should really be banning apps.
Re:TikTok to Sue U.S. over Ban by jariel on Tuesday August 11, 2020 @01:58PM (#24123491)
So this isn't quite true.

A) Foreign owned companies are subject to all sorts of other criteria and trade rules.

B) The issue cited is 'national security' in which case there is a wide latitude for tolerance.

'Suing the government' is not 'good' - it's a canard.

What Congress needs to do is ban all Chinese companies and activities wherein US companies of the same kind are not allowed to operate in China.

That China won't allow social networks there, but the US allows them here is bonkers ridiculous.

It would be like Canada saying 'We're banning aluminium imports, but demand that we can export to the US'.

All of this before 'security' even enters the equation.