4 ms·

Will a chinese company really comply with the US court system in terms of discovery? I would question if they are going to comply with discovery in a way that a

by zpeti 6y ago

Will a chinese company really comply with the US court system in terms of discovery? I would question if they are going to comply with discovery in a way that a US company might. What exactly is forcing them to hand over actual documentation and not just forgeries? Will the Chinese court system get them in trouble for that? I doubt it. After all many publically traded chinese companies in the US aren't actually compliant with the same laws as US companies are.

oblio 6y ago
They will be locked out of the US for sure if they are caught forging stuff and there might be personal liability, too. What happened to the presumption of innocence?
- zpeti 6y ago
  Hard to presume they are innocent when a search for Hong Kong during the protests got you a few dance videos from HK...
  - oblio 6y ago
    So the US is banning them because they're complying with Chinese censorship requests?
    - endogui 6y ago
      They don't even operate in China (blocked by the Great Firewall), so a pro-Chinese bias to their content is circumstantial evidence that the true purpose of the app is light foreign psyops.
Traster 6y ago
I might be missing something, but I don't see the relevance of discovery when TikTok is suing the US government. The government will need to establish that it followed due process in drafting and executing the executive order. I can't see what relevant information TikTok would hold about that? Posisbly they would have correspondence between the government and themselves, but you would expect the government to have copies of that too. It may be that the order was carried out because of TikTok's behaviour, but that would need to be behaviour that the government has documentation of, so it wouldn't come through discovery. Also, just to be clear, this law suit isn't going to be litigated by Chinese lawyers, the lawyers are going to be US lawyers who have to adhere to the US standards. If they think that TikTok is failing to provide something to the court or are acting unethically they are obligated to tell the court of be disbared.
- DetroitThrow 6y ago
  DoJ could ask ByteDance for information about TikTok US data security. It's a no brainer to see why DoJ proving this issue would be hard if the laws were stringent, but it doesn't seem like his entity list (if that's what he's using) power has any restrictions on Chinese foreign commerce - historically it's been interpreted as very broad, so as far as SCOTUS will let him.

by zpeti 6y ago

oblio 6y ago

They will be locked out of the US for sure if they are caught forging stuff and there might be personal liability, too. What happened to the presumption of innocence?

zpeti 6y ago
Hard to presume they are innocent when a search for Hong Kong during the protests got you a few dance videos from HK...
- oblio 6y ago
  So the US is banning them because they're complying with Chinese censorship requests?
  - endogui 6y ago
    They don't even operate in China (blocked by the Great Firewall), so a pro-Chinese bias to their content is circumstantial evidence that the true purpose of the app is light foreign psyops.

Traster 6y ago

I might be missing something, but I don't see the relevance of discovery when TikTok is suing the US government. The government will need to establish that it followed due process in drafting and executing the executive order. I can't see what relevant information TikTok would hold about that? Posisbly they would have correspondence between the government and themselves, but you would expect the government to have copies of that too. It may be that the order was carried out because of TikTok's behaviour, but that would need to be behaviour that the government has documentation of, so it wouldn't come through discovery. Also, just to be clear, this law suit isn't going to be litigated by Chinese lawyers, the lawyers are going to be US lawyers who have to adhere to the US standards. If they think that TikTok is failing to provide something to the court or are acting unethically they are obligated to tell the court of be disbared.

DetroitThrow 6y ago
DoJ could ask ByteDance for information about TikTok US data security. It's a no brainer to see why DoJ proving this issue would be hard if the laws were stringent, but it doesn't seem like his entity list (if that's what he's using) power has any restrictions on Chinese foreign commerce - historically it's been interpreted as very broad, so as far as SCOTUS will let him.