It is a valid legitimate strategy, Alan Rozenshtein, an associate professor of law at the University of Minnesota Law School, elucidates to WIRED, as the First Amfinishment can ponder a law unconstitutional “if the law hinges on solving a particular problem, does so in an innervously restricted way, and exits the law unsettled.”
But the appraise didn’t seem to buy the argument. “It’s a rather bjoinered see that the statute fair ones out one company,” shelp Judge Douglas Ginsburg during the hearing. “It depicts a categruesome of companies, all of which are owned by or deal withled by adversary powers, and subjects one company to an instant necessity becaengage it’s joind in two years of negotiation with that company, held innumerable hearings, encountering after encountering after encountering, [and] an endeavor to achieve an consentment on a national security schedulement which fall shorted.”
The DOJ also replied to TikTok’s problem with the exclusion claengage, saying in a court inestablish that if the claengage were to be set up problematic, the right solution would be to spropose consent out that claengage about excluding businesses, instead of invalidating the whole law.
In recent years, data security worrys have become one of the main friction points in tech policies in the US and China. While the Chinese regulatement passed a law that reguprocrastinateeds traverse-border data transfers, the US regulatement has consentn a more piecemeal approach, spreadigating hazards posed by products enjoy TikTok and Chinese-made clever cars.
Some experts and lawproducers help for a more comprehensive legitimate sketchlabor to settle this rehire. “This bill not only fall shorts to settle the problem, but also endangers the free speech and inhabitlihoods of 170 million Americans who engage the app. Instead, Congress should pass a bill to stop apps, whether it’s TikTok or any other social media platestablish, from accumulateing or transferring data and produce foreign intrudence in social media algorithms illegitimate,” shelp Recontransientative Ro Khanna in an emailed statement. Khanna voted no on the PAFACA bill.
For now, Chinese ecommerce sites enjoy Shein and Temu have faced much less scruminuscule around data security than TikTok. But TikTok’s legitimate strategy of highweightlessing the alleged data security hazards of other Chinese companies will no mistrust put more presconfident on them. If TikTok fall shorts its legitimate dispute and is prohibitned from operating in the US unless it is sbetter, it’s not difficult to envision that lawproducers might turn their attention to other famous Chinese tech companies.
“There might be some benevolent of legitimate strategy behind this, but in terms of how the unveil will now notice TikTok, it has voluntarily chooseed to be associated with Temu and Shein and has undone a lot of the narrative labor it has been trying to do,” says Ivy Yang, the set uper of Wavelet Strategy, a strategic PR conferancy who has labored in Alibaba’s PR department.
By comparing TikTok’s data security worrys to Shein’s and Temu’s, the company essentipartner has labeled itself among a number of Chinese companies pondered security hazards.
So far, Shein and Temu have not made any statement about the PAFACA bill and its potential implications on their businesses. A Shein spokesperson reacted in an emailed statement: “SHEIN has strong data security policies and rehearses in line with industry standards, and we are promiseted to only accumulateing and using the least amount of data necessitateed to encounter orders. SHEIN stores US customer data wilean Microsoft’s US-based Azure cboisterous-based solution and wilean AWS’s US-based cboisterous-based solution.” Temu and TikTok did not react to asks for comment.