back to article TikTok takes to the courts to challenge US ban

Made-in-China social network TikTok has decided to challenge the Trump administration's looming ban on its service by taking the matter to the USA's courts. On its qq account and in a statement, TikTok owner Byte Dance offered a two-pronged rationale for its actions. The first disagrees with the Trump administration's …

  1. sanmigueelbeer Silver badge
    Coat

    Made-in-China social network TikTok has decided to challenge the Trump administration’s looming ban on its service by taking the matter to the USA’s courts.

    A foreign-owned company suing the US Government ... Good luck with that. I know how (badly) it will end.

    1. tcmonkey

      I suspect the intention here is not to win, but merely to delay things sufficiently that there may be a "change in management" at the aggressor headquarters.

    2. J27 Bronze badge

      The way sovereign immunity works in the USA means they have no case.

    3. bombastic bob Silver badge
      Devil

      A foreign-owned company suing the US Government

      Not just "A foreign-owned company suing the US Government", but suing to OPERATE FREELY WITHIN A FOREIGN COUNTRY as if they were CITIZENS. "They have no rights" is an understatement. And last I checked, the executive branch (in the USA) has complete jurisdiction on whether or not to allow foreign entities to do ANYTHING inside the USA.

      I expect UK or EU would be the same way, more or less. "National Sovereignty" etc.

      1. Strahd Ivarius Bronze badge

        Re: A foreign-owned company suing the US Government

        Then you agree that USA have no jurisdiction over people living in foreign countries?

        And that the CLOUD act can not be used to gain access to data belonging to non-US entities having no legal presence in the USA?

  2. Anonymous Coward
    Anonymous Coward

    Trump hs shown distain for the courts

    all his adult life. Probably because be wasn't bright enough (sic) to become a Lawyer. Any case that does not go his way is irrelevant in his tiny mind.

    He will ignore the case. He'll cite 'National Security' and get it shut down in a matter of hours.

    It is all part of the Wall that he is building around the USA. His 'Protectionism Mk 2' project is well under way and only a change in POTUS in January 2021 will derail it.

    1. Fruit and Nutcase Silver badge

      Re: Trump hs shown distain for the courts

      Legal actions against Trump..

      Reminds me of the opening titles to "The Gaffer", where he chucks yet another parking ticket onto the car back seat

      https://www.youtube.com/watch?v=2YN0QA_h9Tk

      The Wikipedia entry could also have been written with Trump in mind...

      https://en.wikipedia.org/wiki/The_Gaffer_(TV_series)

      "..., he runs a struggling engineering firmhotel and resort business and is constantly trying to avoid his creditors, the tax man, the bank manager, and indeed anyone who might want him to pay for something."

    2. DS999

      Re: Trump hs shown distain for the courts

      Trump doesn't have the power to "ignore the courts" or the things he's tried to do the courts have rejected would have been done.

      Tik Tok can easily delay things until the next presidential term. If Trump wins they won't be able to delay things for four years, but Trump is willing to negotiate away things he claims are 'national security' if he thinks he's getting a "good deal" so Tik Tok would have to hope China and the US come back to the table before the appeals run out.

      1. Fruit and Nutcase Silver badge
        Facepalm

        Re: Trump hs shown distain for the courts

        "...if he thinks he's getting a "good deal"

        if only TikTok could "facilitate"/partner a Trump Tower or Hotel development in Beijing

      2. CrazyOldCatMan Silver badge

        Re: Trump hs shown distain for the courts

        rump is willing to negotiate away things he claims are 'national security' if he thinks he's getting a "good deal"

        So, an quiet handover of a well-stuffed brown envelope and suddenly Tiktok are the greatest thing since Fillet-O-Fish?

    3. Pascal Monett Silver badge

      Re: Trump hs shown distain for the courts

      Trump shows disdain for everyone and everything who do not blindly agree with everything he says or do not get down on their knees to kiss his fat ass when he decides that's what he wants.

  3. msobkow

    No surprise that Trump overstepped his bounds, opened his big mouth, and thinks that he can just piratically demand a sale of a business for whatever the buyer is offering as long as the buyer is American. It isn't a legitimate business deal; it is THEFT BY THE AMERICANS FROM THE HIGHEST OFFICE OF POWER.

  4. Doctor Syntax Silver badge

    I rather think his concern isn't that information might be going to China, rather that he can't get that information himself because it's beyond the grasp of the CLOUD Act. He'd like to find out who was responsible for messing up his Tulsa rally and charge them with party pooping.

    I can't imagine either Oracle or MS doing anything but lose money if they buy it. Would either of them be capable of running something that appeals to Tik Tok's market?

  5. DudleyDuoFlush

    Serious question

    I've been to China more times than I care to remember. I wasn't able to use Google, Google maps, Facebook, WhatsApp or Youtube. Apple Maps was ok and so was Bing. Does anyone know the reason why some apps are banned and others allowed?

    1. Strahd Ivarius Bronze badge

      Re: Serious question

      Usually for banned application it means that they didn't agree to specific terms and conditions imposed by Chinese laws, like hosting data in China for example.

      I wish that we had the same thing in Europe...

      Or if at minimum the EU was fining companies that don't comply with the GDPR by giving access to US agencies under the CLOUD act, unless they can prove that they didn't ever got any of these US lettre de cachet...

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