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TikTok Ban Bill Becomes Law, Gives TikTok 9 Months To Sell
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this post was submitted on 24 Apr 2024
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In what way does that invalidate it as an example?
CFIUS and OFAC would beg to differ.
Bytedance isn't inside your borders and the constitution doesn't protect extra-nationals. There's a reason Guantanamo Bay still exists.
You wouldn't be able to use TikTok as a personal thing. This isn't critical infrastructure.
So again. Not personal use. Also, refunding an investment is entirely different than shutting down a business.
And LMAO. If Bytedance wasn't inside the borders then this wouldn't matter. Saying they aren't inside the borders is possibly the most hilarious bad faith thing I've seen in this entire debacle.
I'm sorry, but this is irrelevant. Look at the list of CFIUS cases. Among them:
Would you agree that Grindr probably doesn't count as "critical infrastructure"?
(BTW, before you mention it, the CFIUS case on that list vis a vis TikTok was reversed by the court because they ruled the executive exceeded the bounds of the IEEPA, not because the IEEPA itself was unconstitutional).
LOL security risks are literally the justification for the bill. The bill even says as much:
So if CFIUS is constitutional, then I fail to see why this law is any different.
Look, again, I get it, I think the law is dumb, too.
But it is absolutely not a slam dunk that the law will get struck down by the courts, whether you like it or not.
The difference between your position and mine is I can acknowledge I may turn out to be wrong.
Furthermore, ByteDance absolutely is not operating within US borders. It's incorporated in China and the Caymans (in the latter case as a variable interest entity so that Americans can buy economic exposure to ByteDance shares that otherwise don't trade on any US stock exchanges).
TikTok, a wholly own subsidiary, is incorporated within the US. A forced divestiture affects the parent company (ByteDance).
The real question is whether the ban itself, if divestment doesn't occur, would be constitutional, given that would affect TikTok Ltd., and that, to me, is unclear, and I expect it's that portion of the law where TikTok is most likely to succeed in courts.
Oh no the government said it was for national security! That's it folks pack it up. As everyone knows nobody has any rights once the President mentions the words National and Security together!
Also, did you just admit CFIUS doesn't apply?
Stop justifying Unconstitutional shit just because someone said the scary words.
Ahhh my bad. I noticed you seemed to fail at reading comprehension earlier but I didn't realize it was a chronic condition. Carry on!