Re:Montana becomes first US state to ban TikTok
by jameshart on Thursday May 18, 2023 @10:33AM
(#35988530)
Actually - correcting myself. There IS a clause that unbans TikTok on ownership transfer. I didn't read far enough down:
> Section 4. Contingent voidness. [This act] is void if tiktok is acquired by or sold to a company that is not incorporated in any other country designated as a foreign adversary in 15 C.F.R. 7.4 at the time tiktok is sold or acquired.
If TikTok is transferred to a company not owned by China the act goes away.
So they could just do that, then reacquire the company and this law vanishes in a puff of logic.
Re:Montana becomes first US state to ban TikTok
by anonymouskimmer on Thursday May 18, 2023 @02:56PM
(#35992479)
The law would still be on the books. Presumably it would become non-void, and immediately active, if a Chinese company repurchased TikTok from a non-Chinese company. Much like unconstitutional laws prohibiting abortion became immediately active again after the recent Supreme Court ruling.
Re:Montana becomes first US state to ban TikTok
by falcolas on Thursday May 18, 2023 @10:24AM
(#35988376)
As I understand it, nope. States can't negotiate treaties on the US' behalf. Commerce and sanctions would fall under that as I understand it.
States also can't regulate interstate trade, which I believe trying to penalize Apple and Google would constitute, since neither has a office in Montana.
Re:Montana becomes first US state to ban TikTok
by webstrand on Thursday May 18, 2023 @01:18PM
(#35991180)
Couldn't it target the shops and companies that sell devices with Apple/Google app stores on them, instead?
Re:Montana becomes first US state to ban TikTok
by hiatus on Thursday May 18, 2023 @06:14PM
(#35994906)
Why can California require auto manufacturers to comply with their emissions standards if it is in effect regulating interstate trade?
Re:Montana becomes first US state to ban TikTok
by OkayPhysicist on Thursday May 18, 2023 @07:10PM
(#35995582)
California doesn't require auto manufacturers to do anything. They require dealers and individuals to only buy cars that meet said emissions standards, on penalty of refusing to allow them to be registered to be driven on the state's roads.
(edit - oops, see correction below) There's nothing in this law that would unban TikTok if its ownership were transferred to a US corporation.