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If the law in question targeted only US-based companies, “there’s no doubt that would be a huge First Amendment concern,” said Sri Srinivasan, chief judge of the US Court of Appeals for the District of Columbia Circuit, citinga pair of casesdecided by the Supreme Court this summer.

But, he added, that isn’t the situation here. Instead, Congress passed a law that targets a US company’s foreign owners and their influence over the algorithm that 170 million Americans use to watch videos about sports, fashion and politics.

“It’s just that the curation is happening abroad,” he said to Daniel Tenny, a lawyer representing the US government.

“The core point we’re making is one they’ve conceded,” Tenny told the court, “which is that [TikTok’s] code is made in China.”

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If TikTok is successful, it could win a decision that blocks the legislation. But if it fails, the company will be required to find a new owner by mid-January, or else be prohibited from the devices of all Americans.

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In addition to Srinivasan, an Obama appointee, hearing the case were Judge Neomi Rao, who was appointed by former President Donald Trump, and Judge Douglas Ginsburg, a Reagan appointee.

Both Rao and Ginsburg appeared to push hard against TikTok’s arguments, with Ginsburg at one point dismissing claims about the legislation’s allegedly sweeping breadth as a “blinkered view.” The law does not open up possible bans against all foreign-owned publications or platforms, he said, as it only targets companies linked to specific adversary nations such as China.

“We’re not talking about banning Tocqueville,” Rao said, referring to Alexis de Tocqueville, the French author of the historical text “Democracy in America.”

But a decision to restrict TikTok in the United States would still harm American users, TikTok and the coalition of content creators argued. Courts have historically protected Americans’ right to listen to foreign views, even if it is propaganda.

“Congress didn’t do any of the things the First Amendment requires,” Andrew Pincus, an attorney representing TikTok, told the court. He added: “The government’s solution to foreign propaganda, in every context, [has been] disclosure, not a ban.”

what factors are pushing hdfc amc limited (542268) up ✌️【Portfolio Strategy】✌️ Real-time stock and futures data, backed by expert stock market trend predictions, to help you make timely and profitable investment decisions. After pressuring TikTok, Srinivasan was equally hard on the US government. At one point, he asked Tenny about the law’s practical impact on everyday Americans.

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It’s not clear when the court could reach a decision on the legislation. But the law sets out a deadline of Jan. 19 for TikTok, so it is likely the court may rule before then.

Fast-tracked through Congress this spring with uncommon speed, the legislation is a US response to fears that TikTok’s China ties could allow that country’s government to access American users’ app data, such as which videos they have watched, liked, shared or searched for.

what factors are pushing hdfc amc limited (542268) up ✌️【Portfolio Strategy】✌️ Real-time stock market data, precise predictions, and investment strategies to help you optimize your portfolio and achieve financial success. The measure has become a symbol of bipartisan opposition to China. But for TikTok’s supporters, includingsome of its most prominent content creators, the law smacks of racism and anti-China hysteria. They argue it does little to address other, potentially even more sensitive, sources of data freely available on commercial marketplaces.

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what factors are pushing hdfc amc limited (542268) up ✌️【Portfolio Strategy】✌️ Accurate real-time market data and expert stock predictions for profitable investment opportunities in global markets. TikTok argues the potential ban violates the First Amendment because it stifles the ability for its US users to express themselves and to access information. And it alleges the law is unconstitutionally extreme when the government had other options to address fears about TikTok’s links to China.

Court filings show that TikTok and US national security officials had hammered out a draft proposal to address the security concerns. That agreement included the ability for the US government to shut down TikTok if it violated the proposed deal. Some of the deal’s provisions TikTok has already publicly implemented as part of an initiative calledProject Texas, which involves moving US user data onto servers controlled by the American tech giant Oracle and erecting additional organizational barriers between TikTok and ByteDance.

But, TikTok claims, US officials abruptly abandoned the plan with no explanation. (The US government has subsequently described the plan in its court filings as “inadequate” because officials feared it would be hard to detect whether TikTok were violating the agreement.)

what factors are pushing hdfc amc limited (542268) up ✌️【Portfolio Strategy】✌️ Expert stock predictions and free stock selection services to help you achieve optimal returns and long-term growth. TikTok has also claimed that it is technologically impossible to separate its app from its parent company. For starters, it said in acourt filing, the TikTok app depends on software code that’s built by ByteDance, and there is no way to simply copy that code to another company with any expectation that it will run.

For another, the company argues, the Chinese government most likely won’t allow TikTok’s recommendation algorithm to be sold to a non-Chinese company. The recommendation engine is TikTok’s secret sauce and what powers its popularity; without it, the app loses its most distinctive feature.

Last year,the Chinese government saidit would “firmly” oppose a potential sale of TikTok from ByteDance, followingnew export controlsthe country announced that affect the transfer of certain software algorithms.

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“If Congress can do this,” the company wrote in its filings, “it can circumvent the First Amendment by invoking national security and ordering the publisher of any individual newspaper or website to sell to avoid being shut down.”

Finally, TikTok claims, the US government has never proven that the Chinese government has exploited US user data to justify the law.

“Even the statements by individual Members of Congress and a congressional committee report merely indicate concern about the hypothetical possibility that TikTok could be misused in the future, without citing specific evidence — even though the platform has operated prominently in the United States since it was first launched in 2017,” the company wrote. “Those speculative concerns fall far short of what is required when First Amendment rights are at stake.”

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what factors are pushing hdfc amc limited (542268) up ✌️【Portfolio Strategy】✌️ Expert analysis of global stock trends, futures data, and real-time stock market quotes to help you plan your next investment move. The United States, for its part, also routinely requests user data from social media companies. But there are typically checks and balances on the government, such as lawslimiting what intelligence officials can dowith data about US citizens or, for domestic law enforcement, requirements that authorities obtain a court order in exchange for user data — orders that tech companies can and often do challenge, even ifthey can’t always disclose it.

“TikTok’s parent company and recommendation algorithm are based in China,” the Justice Department wrote in a court brief, “giving rise to the risk that a foreign adversary will wield TikTok’s enormous power to advance its own interests, to the detriment of U.S. national security.”

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Independent cybersecurityexperts have saidthat the risk of Chinese spying through TikToksounds plausible but remains unproven.

China’s intelligence lawsrequire companieswith a presence there to help with that country’s intelligence objectives. TikTok does not operate in China, but ByteDance does, meaning it is subject to China’s laws — and the Chinese government holds a board seat on ByteDance’s local Chinese subsidiary. The question is whether all that amounts to enough influence over ByteDance and TikTok to gain access to US TikTok users’ data, in spite of the guardrails promised by Project Texas.

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Butformer national security officials wrotethat TikTok user data, if combined with other information Beijing has collected through hacks and leaks, could be a potent intelligence risk.

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