This will be fun to watch. Assuming the 90 day extension is valid, what would Trump do if TikTok still hasn't sold by then?
He did not provide further details on how an extension could be enacted.
The bipartisan law has a provision allowing an extension, but only provided that the three conditions are all met and certified by the president. The first condition is "a path to executing a qualified divestiture has been identified"; the second is "evidence of significant progress toward executing such qualified divestiture has been produced"; and the third condition is "the relevant binding legal agreements to enable execution of such qualified divestiture during the period of such extension," according to the text of the law.
Two of the justices — Brett Kavanaugh and Neil Gorsuch — indicated Trump would have the power to extend the deadline by their reading, however the Supreme Court doesn't immediately have a say on this issue.
This will be fun to watch. Assuming the 90 day extension is valid, what would Trump do if TikTok still hasn't sold by then?
That seems like a big if to me, I'm not in the US so my reading is probably wrong, but... I thought it can only be invoked if it's within 270 days of the law passing, which ends on Sunday - so it...
Assuming the 90 day extension is valid,
That seems like a big if to me, I'm not in the US so my reading is probably wrong, but...
I thought it can only be invoked if it's within 270 days of the law passing, which ends on Sunday - so it doesn't seem like Trump can extend it when he takes office on Monday?
What is the significant evidence that progress has been made towards divestiture? I'm not aware of anything from Bytedance saying they're in negotiations?
The problem with the legal system is that it's way too fallible as we saw from 2016-2020. Even if it's not valid, as long as Trump wants it, there's a possibility that he'll get it. How I see it...
The problem with the legal system is that it's way too fallible as we saw from 2016-2020. Even if it's not valid, as long as Trump wants it, there's a possibility that he'll get it. How I see it happening potentially:
Biden elects not to enforce the ban (already stated by Biden).
Apple and Google don't yet remove the app from the store.
TikTok continues to serve content via its API to US users.
Trump states that he'll give TikTok the 90 day extension.
Trump's Justice Department chooses not to enforce the ban for 90 days.
Joe Schmoe sues over the law not being enforced, but the courts end up ruling that Joe Schmoe has no standing to sue.
Outside of Apple and Google choosing to remove the app from their app stores, there's no other party that can enforce the law afaict. Both Biden and Trump have signaled they have no desire to enforce for at least the short term. Apple/Google may do it out of an abundance of caution, but even if they remove the app, they likely won't remove the apps remotely from phones. If TikTok thinks there's a good chance that the ban is entirely reversed or if they'll actually sell, they might even continue to keep their API open to users with the app installed.
Unfortunately (or fortunately depending on the law/viewpoint) hundreds if not thousands of laws go largely unenforced1 (if they're not downright unenforceable), even if they were enforced prior....
Unfortunately (or fortunately depending on the law/viewpoint) hundreds if not thousands of laws go largely unenforced1 (if they're not downright unenforceable), even if they were enforced prior. Being that this is a federal law, it's entirely possible that Trump gives the order to his lackeys to not enforce it for 90 days.
1
Example of a law that has been enforced in the past, but generally has been unenforced for the last few decades is the Robinson–Patman Act and as a result is the reason you likely don't have any small/independent grocery stores near you.
"In 2022, TikTok began to move US data to Oracle Cloud - causing Google to lose one of its biggest customers. The social media platform continues to operate data center leases, but plans to eventually move everything over to Oracle (which leases space with some of the same providers).
A year later, TikTok announced 'Project Texas,' a $1.5 billion promise to hand control over data to Oracle, with source code overseen by an in-house committee approved by the U.S. government called TikTok U.S. Data Security.
"The bottom line is this American data stored on American soil by an American company overseen by American personnel," TikTok CEO Shou Chew said in a Congressional appearance."
...that China can access at any time... I don't think that's necessarily the biggest concern, just pointing out the obvious detail that went unmentioned.
...that China can access at any time...
I don't think that's necessarily the biggest concern, just pointing out the obvious detail that went unmentioned.
Disclaimer: I work for Oracle and my opinions are my own. I may have bias. My specific work is not directly involved with TikTok, so I'm not privy to any information you aren't. However, from what...
Disclaimer: I work for Oracle and my opinions are my own. I may have bias. My specific work is not directly involved with TikTok, so I'm not privy to any information you aren't.
However, from what I know there are restrictions surrounding how China can access the US-housed data: https://usds.tiktok.com/usds-about/, so I'm not sure "[data] ...that China can access at any time" is accurate.
There are restrictions, but we're talking about China here. Take everything cynical you'd say about American social media companies, add that government, and you get about a -35% chance the data...
There are restrictions, but we're talking about China here. Take everything cynical you'd say about American social media companies, add that government, and you get about a -35% chance the data isn't accessed every single day.
the Trump administration started the efforts to require TikTok divestment, Congress passed it, Biden signed it, the Supreme Court approved it 9-0, TikTok refused to sell, and incredibly no one is responsible
Slightly meta, but this right here is a great example of the mess in which US politics will be in the coming four years. Trump makes a completely speculative statement that infuses nothing but...
Slightly meta, but this right here is a great example of the mess in which US politics will be in the coming four years.
Trump makes a completely speculative statement that infuses nothing but uncertainty and he doesn't explain or give any reason for his proposition.
"I'm the one who is going to be calling the shots. Most likely, I'll extend for 90 days," he told ABC's Rachel Scott. "You have the extension for 90 days as you probably know. I'll do that until we figure something out.
He doesn't tell us why he would do one thing or the other. So we are left to guess, and at the end, there is no rational basis for behavior, but whims and vibes - which of course is where manipulation and bribery comes in.
And it doesn't help that the media, in this case ABC, doesn't even ask the question of "why", but spends the rest of the article on the "how", or as the put it immediately after the Trump-quote:
He did not provide further details on how an extension could be enacted.
I think the most interesting part of this whole fiasco is that it's given tiktok, and by some extension the Chinese government, to slap Trump in the face and say "fuck you" and just shut it down...
I think the most interesting part of this whole fiasco is that it's given tiktok, and by some extension the Chinese government, to slap Trump in the face and say "fuck you" and just shut it down and walk away.
I really feel like that's a possible outcome with how this has been going.
I feel like this is such an easy slam dunk that Biden could easily pull it away from trump by setting a 90 day extension on his way out but I’m not sure Biden will be out maneuvering anything
I feel like this is such an easy slam dunk that Biden could easily pull it away from trump by setting a 90 day extension on his way out but I’m not sure Biden will be out maneuvering anything
Biden signed the bill in the first place. I also don't believe it's within the parameters outlined in the bill to grant an extension. It just gives Trump and potentially the Supreme Court an out...
Biden signed the bill in the first place. I also don't believe it's within the parameters outlined in the bill to grant an extension. It just gives Trump and potentially the Supreme Court an out if Biden does it. Biden's DOJ already is not enforcing the law for the 1 single day where it actually applies to that administration, and beyond that he has no recourse that is legally provided for. If he does try to extend it, then the Supreme Court either gets to dunk on Biden when it doesn't meet the criteria for an extension or he makes it even easier for Trump and the Supreme Court to let Trump make up his own rules. I mean it's seemingly clear Trump is going to do that anyhow, but Biden shouldn't set the precedent right before Trump takes office. Let them make the ruling on the President that may ultimately be the undoing of their own legacies if they enable him and allow him to go too far.
I'm guessing the outcome of this will fork into one of two variations: Variation 1: TikTok / ByteDance / CCP does something that in some way results in Trump receiving either wealth, or maybe just...
I'm guessing the outcome of this will fork into one of two variations:
Variation 1: TikTok / ByteDance / CCP does something that in some way results in Trump receiving either wealth, or maybe just a bunch of ego stroking. Trump says 'oh that TokTok thing is great and I always knew it was so it will stick around' blah blah blah but probably in a less coherent delivery.
Variation 2: Trump isn't given enrichment / ego stroking and 'CHINA BAD I always knew it we have to get rid of this.. TickyTicky thing, do you see how much bad stuff people are so unfairly saying ABOUT ME on there it's horrible so horrible so unfair it has to go....
This will be fun to watch. Assuming the 90 day extension is valid, what would Trump do if TikTok still hasn't sold by then?
That seems like a big if to me, I'm not in the US so my reading is probably wrong, but...
I thought it can only be invoked if it's within 270 days of the law passing, which ends on Sunday - so it doesn't seem like Trump can extend it when he takes office on Monday?
What is the significant evidence that progress has been made towards divestiture? I'm not aware of anything from Bytedance saying they're in negotiations?
The problem with the legal system is that it's way too fallible as we saw from 2016-2020. Even if it's not valid, as long as Trump wants it, there's a possibility that he'll get it. How I see it happening potentially:
Outside of Apple and Google choosing to remove the app from their app stores, there's no other party that can enforce the law afaict. Both Biden and Trump have signaled they have no desire to enforce for at least the short term. Apple/Google may do it out of an abundance of caution, but even if they remove the app, they likely won't remove the apps remotely from phones. If TikTok thinks there's a good chance that the ban is entirely reversed or if they'll actually sell, they might even continue to keep their API open to users with the app installed.
Unfortunately (or fortunately depending on the law/viewpoint) hundreds if not thousands of laws go largely unenforced1 (if they're not downright unenforceable), even if they were enforced prior. Being that this is a federal law, it's entirely possible that Trump gives the order to his lackeys to not enforce it for 90 days.
1
Example of a law that has been enforced in the past, but generally has been unenforced for the last few decades is the Robinson–Patman Act and as a result is the reason you likely don't have any small/independent grocery stores near you.
Oracle provides all of the hosting for TikTok in the United States. Oracle is going to pull the plug once the 19th comes as I understand it.
EDIT: https://www.datacenterdynamics.com/en/opinions/tiktoks-future-hangs-in-the-balance-so-does-its-oracle-cloud-deal/
"In 2022, TikTok began to move US data to Oracle Cloud - causing Google to lose one of its biggest customers. The social media platform continues to operate data center leases, but plans to eventually move everything over to Oracle (which leases space with some of the same providers).
A year later, TikTok announced 'Project Texas,' a $1.5 billion promise to hand control over data to Oracle, with source code overseen by an in-house committee approved by the U.S. government called TikTok U.S. Data Security.
"The bottom line is this American data stored on American soil by an American company overseen by American personnel," TikTok CEO Shou Chew said in a Congressional appearance."
...that China can access at any time...
I don't think that's necessarily the biggest concern, just pointing out the obvious detail that went unmentioned.
Disclaimer: I work for Oracle and my opinions are my own. I may have bias. My specific work is not directly involved with TikTok, so I'm not privy to any information you aren't.
However, from what I know there are restrictions surrounding how China can access the US-housed data: https://usds.tiktok.com/usds-about/, so I'm not sure "[data] ...that China can access at any time" is accurate.
There are restrictions, but we're talking about China here. Take everything cynical you'd say about American social media companies, add that government, and you get about a -35% chance the data isn't accessed every single day.
More to the point, the law does not have a takesies-backsies clause.
Matt Pearce on Bluesky:
Slightly meta, but this right here is a great example of the mess in which US politics will be in the coming four years.
Trump makes a completely speculative statement that infuses nothing but uncertainty and he doesn't explain or give any reason for his proposition.
He doesn't tell us why he would do one thing or the other. So we are left to guess, and at the end, there is no rational basis for behavior, but whims and vibes - which of course is where manipulation and bribery comes in.
And it doesn't help that the media, in this case ABC, doesn't even ask the question of "why", but spends the rest of the article on the "how", or as the put it immediately after the Trump-quote:
Let's see whats left after 2028...
I think the most interesting part of this whole fiasco is that it's given tiktok, and by some extension the Chinese government, to slap Trump in the face and say "fuck you" and just shut it down and walk away.
I really feel like that's a possible outcome with how this has been going.
i don’t use tiktok, but a lot of good content comes from there. i hope it sticks around. i cannot foresee it going away.
I feel like this is such an easy slam dunk that Biden could easily pull it away from trump by setting a 90 day extension on his way out but I’m not sure Biden will be out maneuvering anything
Biden signed the bill in the first place. I also don't believe it's within the parameters outlined in the bill to grant an extension. It just gives Trump and potentially the Supreme Court an out if Biden does it. Biden's DOJ already is not enforcing the law for the 1 single day where it actually applies to that administration, and beyond that he has no recourse that is legally provided for. If he does try to extend it, then the Supreme Court either gets to dunk on Biden when it doesn't meet the criteria for an extension or he makes it even easier for Trump and the Supreme Court to let Trump make up his own rules. I mean it's seemingly clear Trump is going to do that anyhow, but Biden shouldn't set the precedent right before Trump takes office. Let them make the ruling on the President that may ultimately be the undoing of their own legacies if they enable him and allow him to go too far.
I'm guessing the outcome of this will fork into one of two variations:
Variation 1: TikTok / ByteDance / CCP does something that in some way results in Trump receiving either wealth, or maybe just a bunch of ego stroking. Trump says 'oh that TokTok thing is great and I always knew it was so it will stick around' blah blah blah but probably in a less coherent delivery.
Variation 2: Trump isn't given enrichment / ego stroking and 'CHINA BAD I always knew it we have to get rid of this.. TickyTicky thing, do you see how much bad stuff people are so unfairly saying ABOUT ME on there it's horrible so horrible so unfair it has to go....
It's currently back up "thanks to President Trump" and I don't like any of this.