Judge blocks Trump plan to ban TikTok on Nov. 12

Posted:
in General Discussion edited October 2020
A federal judge sided with three TikTok stars who argued that President Trump's executive order to ban the service in the U.S. infringes on their First Amendment rights.

TikTok


Judge Wendy Beetlestone of the U.S. District Court for the Eastern District of Pennsylvania on Friday issued a preliminary injunction halting the impending ban, scheduled to take effect on Nov. 12, saying that the three plaintiffs in the case "have demonstrated a clear likelihood of irreparable harm," reports Variety.

In the order, Beetlestone writes that the government's "own descriptions of the national security threat posed by the TikTok app are phrased in the hypothetical" so she is unable to find that "the risk presented by the government outweighs the public interest in enjoining" the ban, according to the report.

Alec Chambers, Douglas Marland and Cosette Rinab filed suit against Trump and Commerce Secretary Wilbur Ross in September claiming that a TikTok ban would impact their ability to earn money. Rinab earns between $5,000 and $10,000 per video for content sponsored by fashion brands and other companies, while Chambers made $12,000 for a video touting Extra gum, the report said.

Beetlestone's ruling is a turnabout from an earlier decision in September, when the jurist rejected the creators' arguments.

Today's injunction is the latest development in the ongoing TikTok debacle. The Trump administration previously attempted to halt downloads of the app in September but was rebuffed hours before the order was set to go into effect. That decision was appealed by the Department of Justice.
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Comments

  • Reply 1 of 26
    wood1208wood1208 Posts: 2,913member
    USA, the great country to live in. Screw it for your benefit and law sides with you against the highest authority of country. Now I am confident, with Chinese political structure, China will be super power controlling world economy and no one will be able to challenge their military superiority.
    williamlondon
  • Reply 2 of 26
    sflocalsflocal Posts: 6,096member
    I find it ironic that TikTok, owned by China, oppressor of pretty much any speech it finds detrimental to the supreme leader, is claiming a violation of free speech on our and using it against us.  Shameful.

    williamlondonmacseekercat52watto_cobra
  • Reply 3 of 26
    sflocal said:
    I find it ironic that TikTok, owned by China, oppressor of pretty much any speech it finds detrimental to the supreme leader, is claiming a violation of free speech on our and using it against us.  Shameful.

    Ahhh, China isn't defending our First Amendment rights, it's Americans. I think you might be having trouble understanding the issues. I'd recommend reading up on it. If Trump got his way, that would be the Government closing down apps simply because they want to. Which would then be like China. get it? Look into it and read about it.
    edited October 2020 CloudTalkingc_ukmuthuk_vanalingamRayz2016winstoner71williamlondonITGUYINSDlondortokyojimuGeorgeBMac
  • Reply 4 of 26

    wood1208 said:
    USA, the great country to live in. Screw it for your benefit and law sides with you against the highest authority of country. Now I am confident, with Chinese political structure, China will be super power controlling world economy and no one will be able to challenge their military superiority.
    Ahhh, That makes no sense. But I'm glad you're sharing your rather paranoid disconnected train of thoughts with the readers here. Again I'd ask you read about the case, see that the app offered no threats, no real threats, and then realize it was being used as a political pawn by the Federal Government that is run by Trump - who does plenty of business with China. Again, read about the real issues. There are serious issues but taking this to the an extreme doesn't help the debate.
    darkvadergc_ukmuthuk_vanalingamRayz2016williamlondonlondorGeorgeBMacricmacDAalsethavon b7
  • Reply 5 of 26
    Hahahahahahahaha!  My mans and 'em got dunked on by some Tik Tok kids and got all pissy.  Trumped up ←(intended) some fake national security concerns cuz his feeling got hurt by some kids on the cyber.  Petulant man baby using the government for a personal vendetta.
    darkvadermuthuk_vanalingamlondortokyojimuGeorgeBMacricmacDAalsethOferdhawkins541
  • Reply 6 of 26
    22july201322july2013 Posts: 3,573member
    TikTok is a threat, but not as big a threat as all the cameras and microphones that people put in their homes or outside their homes for uploading video and audio to the cloud. Many of these services upload their data to servers in China, and these servers are, by law, accessible to the Chinese Communist Party which is most likely collecting data on every person on earth.

    Congress should mandate that all products which have optional upload services (including TikTok) come with product labels or daily pop-ups indicating their security and privacy concerns. Cigarette packages come with warnings, and here are a few similar warnings that would seem appropriate for webcams and always on home speakers:

    WARNING: Foreign governments can legally use the images and audio you upload against you.
    WARNING: Foreign governments are collecting data on you from this product without your permission.
    WARNING: Foreign governments intend to use data collected by this device against you.
    WARNING: This product's recording features could cause serious harm to your children including abduction.

    With these warnings, the three complainants in this case would still be able to earn their income, but people will become better educated over time of the risks they are taking.
    williamlondoncat52inTIMidatorwatto_cobra
  • Reply 7 of 26
    22july201322july2013 Posts: 3,573member

    wood1208 said:
    USA, the great country to live in. Screw it for your benefit and law sides with you against the highest authority of country. Now I am confident, with Chinese political structure, China will be super power controlling world economy and no one will be able to challenge their military superiority.
    I'm confused, when you say "China," are you supporting the people of China or the Chinese Communist Party dictators? I hope China prospers under a free people and democratic government. Do you agree or disagree with that sentiment?
    williamlondoncat52
  • Reply 8 of 26
    Difficult to win in court when all you have is irrational hypotheticals (personal privacy and national security are not the same thing) and no actual evidence.
    williamlondonlondorthtGeorgeBMacOfer
  • Reply 9 of 26
    TikTok is a threat, but not as big a threat as all the cameras and microphones that people put in their homes or outside their homes for uploading video and audio to the cloud. Many of these services upload their data to servers in China, and these servers are, by law, accessible to the Chinese Communist Party which is most likely collecting data on every person on earth.

    Congress should mandate that all products which have optional upload services (including TikTok) come with product labels or daily pop-ups indicating their security and privacy concerns. Cigarette packages come with warnings, and here are a few similar warnings that would seem appropriate for webcams and always on home speakers:

    WARNING: Foreign governments can legally use the images and audio you upload against you.
    WARNING: Foreign governments are collecting data on you from this product without your permission.
    WARNING: Foreign governments intend to use data collected by this device against you.
    WARNING: This product's recording features could cause serious harm to your children including abduction.

    With these warnings, the three complainants in this case would still be able to earn their income, but people will become better educated over time of the risks they are taking.
    That's a bit of an overreaction don't you think? Those warnings won't make a bit of difference. History has proven that emphatically.  People generally don't care.  There's also absolutely no need to include the word "foreign" in your warnings hypothetical.  The word "governments" is singularly sufficient.  Only the first two warnings make any sense.  Both those warnings (minus the foreign ;) )are already stated in almost every privacy policy of almost every company that has a privacy policy.  Companies like Apple, Google, MS, heck even FB publish this info in their Transparency Reports twice a year.  Some reports: https://www.apple.com/legal/transparency/https://transparencyreport.google.com/?hl=en ; ,  https://www.microsoft.com/en-us/corporate-responsibility/law-enforcement-requests-report
    Your third and fourth warning are simply FUD. 
      
    Not sure why you think people aren't educated about the risks of the products they use.  I think most people are aware.  They just don't care.  They don't care because they realize the chances of actually being affected by any of this is extremely unlikely.  It's similar to stories about a new vulnerability discovered that affects Macs.  First Reaction: Oh no, someone can get into our computers.  Reality:  Yeah, not really anything to worry about for 99.99999999999999999... 999999999999999999999999999999999% of the people.

    Daily pop-ups is a horrendous idea.  It's a perfect example of the Boy Who Cried Wolf fable.  Take a moment to think about how many products would fit your "have optional upload services" criteria.  We live in an IoT era.  Almost everything we use has optional upload services and most of it is manufactured outside of the US.  It would make Microsoft's infamous UAC pop-up seem like a walk in the park.


    edited October 2020 OferPascalxxmuthuk_vanalingam
  • Reply 10 of 26
    TikTok is a threat, but not as big a threat as all the cameras and microphones that people put in their homes or outside their homes for uploading video and audio to the cloud. Many of these services upload their data to servers in China, and these servers are, by law, accessible to the Chinese Communist Party which is most likely collecting data on every person on earth.

    Congress should mandate that all products which have optional upload services (including TikTok) come with product labels or daily pop-ups indicating their security and privacy concerns. Cigarette packages come with warnings, and here are a few similar warnings that would seem appropriate for webcams and always on home speakers:

    WARNING: Foreign governments can legally use the images and audio you upload against you.
    WARNING: Foreign governments are collecting data on you from this product without your permission.
    WARNING: Foreign governments intend to use data collected by this device against you.
    WARNING: This product's recording features could cause serious harm to your children including abduction.

    With these warnings, the three complainants in this case would still be able to earn their income, but people will become better educated over time of the risks they are taking.
    HAHAHA!   Walk outside in public much?  Drive around town much?  There are cameras EVERYWHERE recording where you are and what you do.  Facial recognition is checking you out.  Cameras read your license plate and record it along with your location.  Even police car cameras read every license plate and know who you are.

    So, maybe those warnings should be on a sign inside your front door, warning you before going outside that you are at extreme risk of someone knowing where you are.
    edited October 2020 Ofer
  • Reply 11 of 26
    wood1208wood1208 Posts: 2,913member

    wood1208 said:
    USA, the great country to live in. Screw it for your benefit and law sides with you against the highest authority of country. Now I am confident, with Chinese political structure, China will be super power controlling world economy and no one will be able to challenge their military superiority.
    I'm confused, when you say "China," are you supporting the people of China or the Chinese Communist Party dictators? I hope China prospers under a free people and democratic government. Do you agree or disagree with that sentiment?

    When we say China/Chinese; we refer to PRC(Communist party) and not to Chinese people. If we take religion out, more or less regular citizens are same everywhere.
    dewmeOfer
  • Reply 12 of 26
    wood1208wood1208 Posts: 2,913member

    wood1208 said:
    USA, the great country to live in. Screw it for your benefit and law sides with you against the highest authority of country. Now I am confident, with Chinese political structure, China will be super power controlling world economy and no one will be able to challenge their military superiority.
    Ahhh, That makes no sense. But I'm glad you're sharing your rather paranoid disconnected train of thoughts with the readers here. Again I'd ask you read about the case, see that the app offered no threats, no real threats, and then realize it was being used as a political pawn by the Federal Government that is run by Trump - who does plenty of business with China. Again, read about the real issues. There are serious issues but taking this to the an extreme doesn't help the debate.

    No one against doing business with China. It is about fairness, You won't understand until you have to deal with it. Ask American companies who got screwed by Chinese by breaking legal agreements., stealing IP and copying it. Today, people's information call DATA is strategic weapon to increase commerce and exploit them. TikTok store Americans/European/Indian/whoever Data on Chinese servers where goverment people by law has access to it. How Data can and will be used is not your ability to comprehend. By jibber-jabbering on internet with little or no understanding the scope of what this Data can damage to the American economy(people's living) in long term is not a cup of yours or mine tea. When several federal agencies provide feedback on their investigation,analysis of TikTok's danger to American people, better let them decide what is right or wrong for the country. Unfortunately, uninformed Americans(and those who derive small benefit from TikTok) are the biggest danger to the country.
  • Reply 13 of 26
    GeorgeBMacGeorgeBMac Posts: 11,421member
    sflocal said:
    I find it ironic that TikTok, owned by China, oppressor of pretty much any speech it finds detrimental to the supreme leader, is claiming a violation of free speech on our and using it against us.  Shameful.


    Those were American users of TikTok who claimed that.

    It was also American users of TikTok who humiliated our Orange colored Supreme Leader in Tulsa and prompted his retribution.
    ricmacthtlondorOferCloudTalkinchasm
  • Reply 14 of 26
    GeorgeBMacGeorgeBMac Posts: 11,421member
    TikTok is a threat, but not as big a threat as all the cameras and microphones that people put in their homes or outside their homes for uploading video and audio to the cloud. Many of these services upload their data to servers in China, and these servers are, by law, accessible to the Chinese Communist Party which is most likely collecting data on every person on earth.

    Congress should mandate that all products which have optional upload services (including TikTok) come with product labels or daily pop-ups indicating their security and privacy concerns. Cigarette packages come with warnings, and here are a few similar warnings that would seem appropriate for webcams and always on home speakers:

    WARNING: Foreign governments can legally use the images and audio you upload against you.
    WARNING: Foreign governments are collecting data on you from this product without your permission.
    WARNING: Foreign governments intend to use data collected by this device against you.
    WARNING: This product's recording features could cause serious harm to your children including abduction.

    With these warnings, the three complainants in this case would still be able to earn their income, but people will become better educated over time of the risks they are taking.

    LOL.... The U.S. is the spy capital of the world.   Not China

    But, nice try at distraction:   "Hey!  Look over there!"
    Ofer
  • Reply 15 of 26
    GeorgeBMacGeorgeBMac Posts: 11,421member
    Difficult to win in court when all you have is irrational hypotheticals (personal privacy and national security are not the same thing) and no actual evidence.

    That's why our courts are being packed with right wing zealots.   Impartial, fact based courts rule 'the wrong way', so they want to fix that problem.  Remove the obstacle.
    londorOfer
  • Reply 16 of 26
    GeorgeBMacGeorgeBMac Posts: 11,421member
    ITGUYINSD said:
    TikTok is a threat, but not as big a threat as all the cameras and microphones that people put in their homes or outside their homes for uploading video and audio to the cloud. Many of these services upload their data to servers in China, and these servers are, by law, accessible to the Chinese Communist Party which is most likely collecting data on every person on earth.

    Congress should mandate that all products which have optional upload services (including TikTok) come with product labels or daily pop-ups indicating their security and privacy concerns. Cigarette packages come with warnings, and here are a few similar warnings that would seem appropriate for webcams and always on home speakers:

    WARNING: Foreign governments can legally use the images and audio you upload against you.
    WARNING: Foreign governments are collecting data on you from this product without your permission.
    WARNING: Foreign governments intend to use data collected by this device against you.
    WARNING: This product's recording features could cause serious harm to your children including abduction.

    With these warnings, the three complainants in this case would still be able to earn their income, but people will become better educated over time of the risks they are taking.
    HAHAHA!   Walk outside in public much?  Drive around town much?  There are cameras EVERYWHERE recording where you are and what you do.  Facial recognition is checking you out.  Cameras read your license plate and record it along with your location.  Even police car cameras read every license plate and know who you are.

    So, maybe those warnings should be on a sign inside your front door, warning you before going outside that you are at extreme risk of someone knowing where you are.

    Personally, I would like to see more cameras.
    A number of years ago I was given a tour of Pittsburgh's 911 center while the city was preparing to host the G20 Summit and security was a major issue because G20's breed protests from multiple fringe groups.   Their biggest problem was information:  knowing if trouble was breaking out , where in the city it was breaking out and its scope and severity - so they could properly and quickly deploy forces to manage the trouble.

    Likewise, while working with the Red Cross one of their biggest hurdles in disaster recovery was also information:  Where is the disaster, how big is it and how severe is it? 

    Like an army, first responders depend on accurate intelligence to know how to deploy their scarce resources to best advantage.

  • Reply 17 of 26
    GeorgeBMacGeorgeBMac Posts: 11,421member
    wood1208 said:

    wood1208 said:
    USA, the great country to live in. Screw it for your benefit and law sides with you against the highest authority of country. Now I am confident, with Chinese political structure, China will be super power controlling world economy and no one will be able to challenge their military superiority.
    I'm confused, when you say "China," are you supporting the people of China or the Chinese Communist Party dictators? I hope China prospers under a free people and democratic government. Do you agree or disagree with that sentiment?

    When we say China/Chinese; we refer to PRC(Communist party) and not to Chinese people. If we take religion out, more or less regular citizens are same everywhere.

    Yet, the U.S. is the spy capital of the world.   But you're worried about China?????  (Shakes head and walks away.....)
  • Reply 18 of 26
    fallenjtfallenjt Posts: 4,054member
    wood1208 said:
    USA, the great country to live in. Screw it for your benefit and law sides with you against the highest authority of country. Now I am confident, with Chinese political structure, China will be super power controlling world economy and no one will be able to challenge their military superiority.
    China became super power in economy due to manufacturing, not technological innovations. Imagine US companies pull manufacturing out of China. Yeah, their economy would collapse! 
  • Reply 19 of 26
    Rayz2016Rayz2016 Posts: 6,957member
    The fella who wrote the ‘The Thick of It’ made a scary prediction a few weeks back. 

    If Trump loses the election is fan base will refuse to accept it and the country will effectively split in two: one half run from the White House, the other half run from a semi-literate Twitter account. 
    Oferpscooter63tmay
  • Reply 20 of 26
    22july201322july2013 Posts: 3,573member
    It's not surprising, but amazing, how many people (even people with thousands of posts) on this site are trashing America but loving (by defending) the Communist Party of China.
    cat52
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