5 ms·

Because it would be the law

SpicyLemonZest 6y ago
Maybe I'm missing something about the proposal here. Requests from the Secretary of State don't usually carry the force of law.
ur-whale 6y ago
> Because it would be the law What remains to be seen is if said law would be "legal" (as in: not in direct conflict with the constitution).
- cthalupa 6y ago
  I'm not sure that a foreign company has any rights under the constitution to begin with. It's contentious whether or not it grants rights to a foreign citizen while they are outside of the US's borders, so claiming that ByteDance would have their constitutional rights violated by such a ban would be even more so. However, if this were to happen, it would almost certainly be under national security law, which has pretty far reaching powers for this sort of thing. Knowing how much the app spies on you, and knowing that they are ultimately under control by the Chinese government, there's a very strong case to be made.
  - djcapelis 6y ago
    > I'm not sure that a foreign company has any rights under > the constitution to begin with. Would that be this foreign corporation that is incorporated in the checks notes State of California? https://businesssearch.sos.ca.gov/Document/RetrievePDF?Id=03780792-27786551 https://businesssearch.sos.ca.gov/Document/RetrievePDF?Id=03... (Yes, I know this is a company owned by the Beijing based ByteDance but that’s not immediately disqualifying of this US corporation run under US law being able to defend itself in a US court system as any other US company would.)
    - cthalupa 6y ago
      It's not immediately disqualifying, no, but it would almost certainly be squashed quite quickly by the US's NSL. (Funny how the NSL in HK and the US are both so pertinent in China related discussions these past few days!) Having set up a corporation on US soil does not grant free pass to a foreign government to spy on US citizens.
      - deleted 6y ago
        [deleted]
  - caf 6y ago
    I would think it's actually Google and Apple's constitutional rights that would be at issue, since they're the ones hypothetically being restrained from publishing certain apps.
revicon 6y ago
Which law are you referring to? To my knowledge there isn't a "Just do what I tell you to" law on the books. Apple and Google could decide willingly to ban the apps from their app stores but outside of that I'm curious what law could be brought to bear that would force them.

Maybe I'm missing something about the proposal here. Requests from the Secretary of State don't usually carry the force of law.

ur-whale 6y ago

> Because it would be the law What remains to be seen is if said law would be "legal" (as in: not in direct conflict with the constitution).

cthalupa 6y ago
I'm not sure that a foreign company has any rights under the constitution to begin with. It's contentious whether or not it grants rights to a foreign citizen while they are outside of the US's borders, so claiming that ByteDance would have their constitutional rights violated by such a ban would be even more so. However, if this were to happen, it would almost certainly be under national security law, which has pretty far reaching powers for this sort of thing. Knowing how much the app spies on you, and knowing that they are ultimately under control by the Chinese government, there's a very strong case to be made.
- djcapelis 6y ago
  > I'm not sure that a foreign company has any rights under > the constitution to begin with. Would that be this foreign corporation that is incorporated in the checks notes State of California? https://businesssearch.sos.ca.gov/Document/RetrievePDF?Id=03780792-27786551 https://businesssearch.sos.ca.gov/Document/RetrievePDF?Id=03... (Yes, I know this is a company owned by the Beijing based ByteDance but that’s not immediately disqualifying of this US corporation run under US law being able to defend itself in a US court system as any other US company would.)
  - cthalupa 6y ago
    It's not immediately disqualifying, no, but it would almost certainly be squashed quite quickly by the US's NSL. (Funny how the NSL in HK and the US are both so pertinent in China related discussions these past few days!) Having set up a corporation on US soil does not grant free pass to a foreign government to spy on US citizens.
    - deleted 6y ago
      [deleted]
- caf 6y ago
  I would think it's actually Google and Apple's constitutional rights that would be at issue, since they're the ones hypothetically being restrained from publishing certain apps.

revicon 6y ago

Which law are you referring to? To my knowledge there isn't a "Just do what I tell you to" law on the books. Apple and Google could decide willingly to ban the apps from their app stores but outside of that I'm curious what law could be brought to bear that would force them.