Trump cant ban tiktok, but there are plenty of ways to make it scarred

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 Trump cant ban tiktok, but there are plenty of ways to make it scarred


CFIUS review

The United States can use the powerful CFIUS to attack the relationship between tiktok and byte skipping companies. CFIUS will review (and sometimes even ban) foreign investment in U.S. companies on national security grounds. Between 2015 and 2017, Chinese investment accounted for more than 25% of the transactions reviewed by CFIUS, the highest proportion of all other countries in the world. After the enactment of the modernization of foreign investment risk review act of 2018, one of the reforms focused on transactions that would lead to foreign control of us enterprises, such as tiktoks sensitive personal data of US citizens preserved or collected that may threaten national security.

CFIUS has launched a review on the acquisition of tiktok by byte skipping company. In November 2017, byte beat acquired for $1 billion Musical.ly And merged user accounts with tiktok a year later. In November 2019, CFIUS launched an assessment around tiktoks data privacy and transmission policy, which is estimated to affect about 26.5 million active users in the United States.

The reaction of American netizens after trump announced the ban of tiktok.

Entity list

The trump administration is keen on using the entity list for Chinese companies. If suppliers and other business partners are deterred by the fear that transactions with entities on the entity list may also lead to unnecessary review in the United States, entities included in the entity list will often suffer great losses.

The power of the physical list lies in its flexibility. In the view of some overseas observers, the relevant departments are almost free to make the physical list. Ministry of Commerce officials can redefine national security interests with broad discretion, but they are subject to limited judicial supervision. For the U.S. government, it is not difficult for the U.S. government to claim that byte hoppings access to U.S. citizens personal data threatens the national security interests of the United States.

To some extent, software companies like byte skipping may not rely on technology products exported from the United States, but adding to the physical list may limit their ability to make important software updates through apple or android app stores.

It should be pointed out that being included in the entity list will not formally prevent byte skipping companies from exporting any products to the United States. However, due to excessive compliance with US sanctions, companies such as apple and Google may interrupt non export transactions with byte skipping and tiktok out of prudent consideration.

Remove tiktok from platform

Another worrying tool is the International Emergency Economic Powers Act, which covers almost all U.S. sanctions programs. The U.S. government can enforce the removal of tiktok from apple and android app stores under the law. Although this measure will not cause downloaded users to delete the software, it will actually prohibit the company from maintaining it, making it almost impossible for users to continue using the software.

In May 2019, trump signed executive order No. 13873, declaring that unrestricted access to or use within the United States communications technologies that are owned, controlled or subject to the jurisdiction or instructions of foreign counterparts will constitute a threat to the national security of the United States. The order empowers the Department of Commerce to prevent any acquisition, import, transfer, installation, trading or use of ICT and services based on unacceptable risks to national security of the United States.

Law enforcement

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }Finally, the trump administration can target tiktok through law enforcement actions. In 2019, the Federal Trade Commission imposed a $5.7 million fine on tiktok for illegally collecting child data protected by the child online privacy protection act, and entered into a multi-year consent with the company. According to reports, both the Federal Trade Commission and the Department of justice are investigating whether tiktok has complied with these consents. In addition, the U.S. court is also hearing a civil case filed by citizens against tiktok for alleged infringement of users privacy rights. The impact of these actions is relatively limited, but it is still likely to prevent future investments by byte hopping companies. Legally, tiktok and byte skipping also have countermeasures. Because the ban that the United States is trying to implement is likely to have to rely on novel legal theories and hasten to implement it. Therefore, the two companies can claim that the U.S. governments actions lack of factual and legal support and challenge them in court. In view of the lack of public evidence to date that tiktok has provided any data to the Chinese government, a reasonable challenge may overturn or at least delay the implementation of any ban. Source: observer.com editor in charge: Li Xi_ NN2587

Finally, the trump administration can also target tiktok through law enforcement actions. In 2019, the Federal Trade Commission imposed a $5.7 million fine on tiktok for illegally collecting child data protected by the child online privacy protection act, and entered into a multi-year consent with the company. According to reports, both the Federal Trade Commission and the Department of justice are investigating whether tiktok has complied with these consents. In addition, the U.S. court is also hearing a civil case filed by citizens against tiktok for alleged infringement of users privacy rights. The impact of these actions is relatively limited, but it is still likely to prevent future investments by byte hopping companies.

Legally, tiktok and byte skipping also have countermeasures. Because the ban that the United States is trying to implement is likely to have to rely on novel legal theories and hasten to implement it. Therefore, the two companies can claim that the U.S. governments actions lack of factual and legal support and challenge them in court. In view of the lack of public evidence to date that tiktok has provided any data to the Chinese government, a reasonable challenge may overturn or at least delay the implementation of any ban.