Friday, December 6, 2024

Just A Small Side Note: This Law, Just Upheld On Appeal, Is Far Narrower -- And More Closely Tailored -- Than The Orders Tangerine 1.0 Attempted.


I won't waste a lot of electrons on this, other than to say. . . that Tangerine 1.0 tried to act alone, by executive order, and wrote a measure specifically crafted to let him extract personal remuneration from ByteDance, as a condition of remaining in the US markets.

[Tangerine was angry that the TikTokers embarrassed him -- falsely oversubscribing the venue, at his Tulsa rally -- in what turned out to be a singularly anemic event.]

This current, narrow national security law (one passed by both houses of Congress, and signed by President Biden) simply requires ByteDance to tailor its offering to address US Homeland Security's legitimate concern that Chinese state actors may otherwise use the service for snooping.

And so, the answer is to build independent and robust firewalls, to keep US servers (and conversations) insulated from Chinese ownership and control. That is all this law (a Biden Administration, and thus competent-) as a "rewrite" -- from a Constitutional perspective -- requires. That's what this DC Circuit decision holds.

It is likely to survive US Supreme Court review in 2025 (should ByteDance seek cert.). That's my opinion. Onward.

नमस्ते

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