Tiktoks lawsuit shows the attitude and determination of safeguarding rights

category:Hot
 Tiktoks lawsuit shows the attitude and determination of safeguarding rights


In the 39 page indictment, tiktok said that as early as October last year, some U.S. congressmen proposed to the Committee on foreign investment that tiktok should take action against U.S. companies in 2017 Musical.ly The acquisition is subject to national security review.

Since then, tiktok has been actively providing relevant data and solutions to CFIUS, but the Committee has refused to contact and communicate with tiktoks lawyers.

Until June this year, CFIUS suddenly launched a formal review.

At 11:55 p.m. on July 30, just five minutes before the Commissions statutory review deadline, the Committee on foreign investment issued a statement saying it was convinced that tiktok would acquire in 2017 Musical.ly The statement did not provide evidence of a national security risk.

A few days later, trump spoke to tiktok.

Two days later, on August 6, trump signed an executive order saying tiktok posed a threat to us national security and would prohibit any US individual or entity from conducting any transactions with tiktok and its Chinese parent company byte hopping after 45 days.

On August 14, trump added a second executive order, requiring byte skipping to divest tiktok of all interests in U.S. operations within 90 days, saying the executive order was based on an investigation by the US Foreign Investment Commission (CFIUS).

In response, tiktok said in the indictment:

We tried to communicate and solve problems with the U.S. government in good faith for nearly a year, but in the end, we received a ban order. . We strongly oppose the US governments position that tiktok poses a threat to national security. We will not easily sue the government, but we have no choice but to protect our community, our employees and ourselves.

Up to now, successive U.S. presidents have invoked the act 58 times, including imposing economic sanctions on Iran, Russia and other countries, as well as restricting the exchange of funds between terrorists.

The law was issued for more than six years, including Trumps six-year ban. In 2019, during the Sino US trade friction, trump also cited the law to order American enterprises in China to leave China.

In the indictment against the trump administration, tiktok questioned the application of the international economic Emergency Powers Act.

First of all, the international economic Emergency Powers Act, which is the basis of the executive order, is too vague for the presidents authorization.

Secondly, the administrative order uses vague expressions such as potential, possible and reported, but fails to provide the actual evidence that tiktok poses a real threat to national security and the country is in a state of emergency, which is not in line with the authorization premise set by the international economic emergency power law;

Thirdly, the international economic emergency power law clearly stipulates that administrative acts are prohibited to prevent the communication and exchange of personal information, while the prohibition of tiktok is just a restriction on personal communication and information material transmission.

In addition, tiktok also listed three other unconstitutional and one ultra vires of Trumps administrative order, totaling seven crimes.

He has been in power for more than three years and signed 182 executive orders, which is the largest number of executive orders signed by the president of the United States every year in the past 40 years. Seven of them were prosecuted.

On January 27, 2017, trump just took office and signed an administrative order entitled national protection plan to prevent foreign terrorists from entering the United States: in the next 90 days, citizens of Iraq, Syria, Iran, Sudan, Somalia, Yemen and Liberia will be prohibited from entering the United States, which is called the prohibition order by the US media.

The executive order immediately sparked widespread protests.

The next day, the federal government appealed to the Ninth Circuit Court of appeal.

Five days later, the appeal was dismissed and judge robarts decision was upheld.

On March 6, 2017, trump amended the prohibition order to exclude people with green cards and visa in the travel ban. In more than a year, trump revised the travel ban twice. Finally, on June 26, 2018, the US Supreme Court passed the travel ban by a narrow margin of 5:4, which ended the 16 month judicial dispute.

At present, tiktok has filed a lawsuit in the federal court, which may also open a judicial dispute.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }The federal government can appeal for the suspension of Trumps injunction against tiktok until the outcome of the lawsuit is reached, but at least it can buy valuable time for tiktok. Of course, the opposite is possible: federal courts refuse to suspend tiktoks injunction, and tiktok chooses to appeal. As for the lawsuit, the US media CNBC commented that although the odds are not high, the practical significance of the lawsuit lies in that it can gain more time, more rights and interests and more bargaining chips for itself through legal means. At the same time, byte beat also shows the attitude and determination of safeguarding rights and conveys confidence to the global market, investors and users. Source: CCTV news client editor: Kang Ruixin_ NB16727

The federal government can appeal for the suspension of Trumps injunction against tiktok until the outcome of the lawsuit is reached, but at least it can buy valuable time for tiktok. Of course, the opposite is possible: federal courts refuse to suspend tiktoks injunction, and tiktok chooses to appeal.

As for the lawsuit, the US media CNBC commented that although the odds are not high, the practical significance of the lawsuit lies in that it can gain more time, more rights and interests and more bargaining chips for itself through legal means. At the same time, byte beat also shows the attitude and determination of safeguarding rights and conveys confidence to the global market, investors and users.