- ByteDance and TikTok sued the U.S. government Monday over its August 6 Executive Order to ban the app.
- ByteDance claims that the order denies it due process under the 5th Amendment and that the President hasn’t cited a proper justification for banning the app.
- Notably, President Trump retroactively included TikTok as part of a 2019 National Emergency declaration that was supposed to protect telecommunications services and banned Chinese companies in the sector, such as Huawei.
- TikTok claims it doesn’t meet the criteria to be included in that ban.
- Additionally, TikTok claims it has worked with U.S. authorities to prove it is secure and has been purposefully ignored by government officials investigating the matter.
ByteDance Decides To Push Lawsuit
ByteDance filed a lawsuit against the United States government Monday, claiming that President Donald Trump’s executive order to ban TikTok denied it due process and lacked the proper legal justification.
That Executive Order was issued in early August and meant that TikTok, the ByteDance owned platform, would be effectively banned by September 15 unless it found a U.S.-based buyer.
In their complaint, ByteDance and TikTok argue that they aren’t a national security threat and were denied due process under the Fifth Amendment.
“The Executive Order issued by the Administration on August 6, 2020 has the potential to strip the rights of [the TikTok] community without any evidence to justify such an extreme action, and without any due process,” the two added in the suit.
One of TikTok’s big problems with the administration’s decision is the fact that it apparently tried to work with U.S. authorities to alleviate fears over potential national security risks. For example, TikTok claims it gave “voluminous documentation” to the U.S. that proved user data is stored outside of China. Instead, it’s stored in the U.S. and Singapore. TikTok added that those documents showed its platform was secure from Chinese authorities, which is one of the biggest concerns U.S. authorities have about the app.
The company also was frustrated that the U.S. government reached out about ByteDance’s acquisition of Musc.ly, a precursor to TikTok, two years after the deal was done. Bytedance claims that it had given documentation to the Committee on Foreign Investment in the United States (CFIUS) to prove its security measures were more than enough to satisfy any concerns. Yet, it says that that committee, “never articulated any reason why TikTok’s security measures were inadequate to address any national security concerns, and effectively terminated formal communications with Plaintiffs well before the conclusion of the initial statutory review period.”
The fact that CFIUS was even looking into ByteDance’s acquisition of Musical.ly in the first place is pretty notable as well. Musical.ly was a Chinese company that was bought by another Chinese company. Additionally, Musical.ly had very few assets in the U.S., most of which were sold off soon after being bought by ByteDance.
ByteDance is unsure why the CFIUS was investigating the matter, as the committee is supposed to ensure that foreign companies investing in American ones aren’t a national security risk. However, all of ByteDance’s transactions were between Chinese firms.
ByteDance is also arguing that“By banning TikTok with no notice or opportunity to be heard… the executive order violates the due process protections of the Fifth Amendment.” The complaint goes on to say, “The order is ultra vires because it is not based on a bona fide national emergency and authorizes the prohibition of activities that have not been found to pose ‘an unusual and extraordinary threat.'”
The Administration’s Authority
Trump’s order to ban TikTok hinges on the International Emergency Economic Powers Act. That act allows the President to regulate international trade in limited cases where he or she has declared a National Emergency over an extraordinary threat to the country.
Trump’s August executive order didn’t make a new national emergency for TikTok, it just classified it under a May 15, 2019 Executive Order that declared a National Emergency over the security of information and communications technology services. That order was targeted at companies like Chinese telecommunication companies such as Huawei, which have been accused by multiple nations of having close ties with China.
TikTok argues that it doesn’t fall under any of the categories that the order outlines and are improperly lumped into the same group. That may be true, but that 2019 order was extremely vague and has yet to be tested under these conditions in court. The order’s language encompasses just about any hardware or software company that could be associated with the telecommunications or communications industry.
TikTok will need to be able to prove that their app has nothing to do with those sectors to fall outside of the orders purview, which has yet to be considered by a judge. In the end, TikTok is confident that “the Administration’s decisions were heavily politicized, and industry experts have said the same.”
During all of this, there are reports that both Microsoft and Oracle are still in talks to buy TikTok, although it’s unclear if a successful suit by ByteDance will change those plans.
See What Others Are Saying: (CNET) (New York Times) (CNBC)
Twitter CEO Jack Dorsey Says Trump Ban Was the “Right Decision” But Sets “Dangerous” Precedent
- While defending Twitter’s decision to permanently ban President Donald Trump, CEO Jack Dorsey noted the “dangerous” precedent such a move set.
- “Having to take these actions fragment the public conversation,” Dorsey said in a lengthy Twitter thread on Wednesday. “They divide us. They limit the potential for clarification, redemption, and learning.”
- Dorsey’s message came the same day Twitter fully reinstated Rep. Lauren Boebert’s (R-Co.) account, hours after locking it for violating Twitter rules. A Twitter spokesperson later described the lock as an “incorrect enforcement action.”
Dorsey Describes Trump Ban as a Double-Edged Sword
In a lengthy Twitter thread published Wednesday, CEO Jack Dorsey defended his platform’s decision to permanently ban President Donald Trump, while also noting the “dangerous” precedent such a unilateral move sets.
Twitter made the decision to ban Trump on Jan. 8, two days after pro-Trump insurrectionists stormed the U.S. Capitol complex in an assault that left multiple dead.
“I do not celebrate or feel pride in our having to ban [Trump] from Twitter, or how we got here,” Dorsey said in the first of 13 tweets.
Nonetheless, Dorsey described Trump’s ban as “the right decision for Twitter.”
“Offline harm as a result of online speech is demonstrably real, and what drives our policy and enforcement above all,” he added.
“That said, having to ban an account has real and significant ramifications,” Dorsey continued.
“[It] sets a precedent I feel is dangerous: the power an individual or corporation has over a part of the global public conversation.”
Dorsey described most bans as a failure of Twitter to “promote healthy conversation,” though he noted that exceptions to such a mindset also exist. Among other failures, Dorsey said extreme actions like a ban can “fragment public conversation,” divide people, and limit “clarification, redemption, and learning.”
Dorsey: Trump Bans Were Not Coordinated
Dorsey continued his thread by addressing claims and criticism that Trump’s ban on Twitter violated free speech.
“A company making a business decision to moderate itself is different from a government removing access, yet can feel much the same,” he said.
Indeed, multiple legal experts have stated that Trump’s ban on social media does not amount to First Amendment violations, as the First Amendment only addresses government censorship.
“If folks do not agree with our rules and enforcement, they can simply go to another internet service,” Dorsey added. However, Dorsey noted that such a concept has been challenged over the past week.
This moment in time might call for this dynamic, but over the long term it will be destructive to the noble purpose and ideals of the open internet. A company making a business decision to moderate itself is different from a government removing access, yet can feel much the same.— jack (@jack) January 14, 2021
Trump has now been banned or suspended from a number of platforms, including Facebook, Instagram, and YouTube. On Wednesday, Snapchat announced plans to terminate Trump’s account in the “interest of public safety.” Previously, Snapchat had only suspended his account, but as of Jan. 20, it will be permanently banned.
Addressing criticism of the swift bans handed down by these platforms in the wake of the Capitol attack, Dorsey said he doesn’t believe Trump’s bans on social media were coordinated.
“More likely: companies came to their own conclusions or were emboldened by the actions of others,” he said.
Twitter Reverses Course of Locking Rep. Lauren Boebert’s Account
Dorsey’s thread regarding the fragile nature of regulating users’ privileges on the platform seemed to play out earlier the same day.
On Wednesday, newly-elected Rep. Lauren Boebert (R-Co.) posted a screenshot to Instagram showing that her Twitter account had been locked for six days. The screenshot stated that she had violated Twitter’s rules and would be unable to tweet, retweet, or like until her account was unlocked.
Hours later, Twitter reversed course and fully reinstated her account.
“In this instance, our teams took the incorrect enforcement action. The Tweet in question is now labeled in accordance with our Civic Integrity Policy. The Tweet will not be required to be removed and the account will not be temporarily locked,” a spokesperson for the platform told Insider.
It is unknown what tweet caused that initial ban, as Twitter refused to say.
The latest tweet from Boebert’s account to be tagged with a fact check warning is from Sunday. In that tweet, she baselessly and falsely accuses the DNC of rigging the 2020 Election, a claim that largely inspired the Capitol attacks.
See what others are saying: (Business Insider) (CNN) (Associated Press)
Uber and Lyft Drivers Sue To Overturn California’s Prop 22
- A group of Uber and Lyft drivers filed a lawsuit Tuesday against California’s controversial Prop 22, a ballot measure that was approved by nearly 59% of state voters in the 2020 election.
- While Prop 22 does promise drivers wage guarantees and health insurance stipends, it also eliminated some protections as well as benefits like sick pay and workers’ compensation.
- In their lawsuit, the drivers argue that Prop 22 “illegally” prevents them from being able to access the state’s workers’ compensation program.
What’s in the Lawsuit?
In a lawsuit filed Tuesday, a group of Uber and Lyft drivers asked California’s Supreme Court to overturn the state’s controversial Prop 22 ballot measure.
The drivers behind the lawsuit, along with Service Employees International Union, allege that Prop 22 “illegally” bars them from being able to participate in the state’s workers’ compensation program.
Additionally, they argue that the measure violates California’s constitution by“stripping” the state legislature of its ability to protect who unionize.
“Every day, rideshare drivers like me struggle to make ends meet because companies like Uber and Lyft prioritize corporate profits over our wellbeing,” Plaintiff Saori Okawa said in a statement.
Conversely, Uber driver and Prop 22 activist Jim Pyatt denounced the lawsuit, saying,“Voters across the political spectrum spoke loud and clear, passing Prop 22 in a landslide. Meritless lawsuits that seek to undermine the clear democratic will of the people do not stand up to scrutiny in the courts.”
California ballot measures have been occasionally repealed in the past; however, most of the time, they’ve only been repealed following subsequent ballot measures. If this lawsuit fails, such an initiative would likely be the last option for overturning Prop 22.
What is Prop 22?
Prop 22, which was approved by 59% of state voters in the 2020 Election, exempts app-based transportation and delivery companies from having to classify their drivers as employees. Rather, those drivers are listed as “independent contractors,” also known as gig workers.
Notably, Prop 22 was supported by major industry players like DoorDash, Uber, Lyft, and Instacart, which launched a massive $200 million lobbying and advertising campaign.
While those companies did promise wage guarantees and health insurance stipends for drivers, Prop 22 also eliminated a number of protections and benefits drivers would have seen under an “employee” status, including sick pay and workers’ compensation.
Because of that, many opponents have argued that the measure incentivizes companies to lay off their employees in favor of cheaper labor options.
Last week, it was reported that grocery stores like Albertsons, Vons, and Pavilions began laying off their delivery workers in favor of switching to ”third-party logistics providers.” According to Albertson’s, unionized delivery workers were not included in the layoffs.
In recent coverage from KPBS, one San Diego Vons delivery worker detailed a situation in which he and delivery workers were called into a meeting with management.
“I thought they were going to give us a bonus or a raise or something like that,” he said.
Ultimately, that employee was told he would be losing his job in late February, even though he had been with the company for two-and-a-half years.
“I didn’t want to tell them,” the employee said of his parents, one of whom is disabled. “I’m the breadwinner for the family.”
See what others are saying: (The Verge) (The Washington Post) (CNN)
Daniel Silva Blames Cory La Barrie for His Own Death in New Legal Filing
- Popular Tattoo artist Daniel Silva said the death of YouTuber Cory La Barrie was due to La Barrie’s “own negligence,” in response to a wrongful death lawsuit from his family.
- La Barrie died last May after Silva lost control of the sports car they were in, crashing into a street sign and tree.
- La Barrie’s family has accused Silva of negligence, saying his excessive speeding caused the crash. They also claim he was under the influence, though he was never formally charged with a DUI.
- According to TMZ, Silva filed documents saying La Barrie “assumed the risk of death when he jumped into Daniel’s car that fateful night back in May.”
Corey La Barrie’s Death
Popular tattoo artist Daniel Silva has blamed YouTuber Corey La Barrie for his own death in response to a wrongful death lawsuit from La Barrie’s family, according to TMZ.
The tabloid says he filed legal documents saying, “the car crash that led to Corey’s death was due to his own negligence, and he assumed the risk of death when he jumped into Daniel’s car that fateful night back in May.”
La Barrie died on May 10, his 25th birthday, after Silva was speeding and lost control of the sports car they were in, crashing into a street sign and tree.
Police say Silva tried to leave the scene but was stopped by witnesses. He was later arrested and charged with murder. Silva eventually reached an agreement with prosecutors to plead no contest to vehicular manslaughter with gross negligence.
In August, Silva was sentenced to 364 days in jail, with credit for 216 days served because of California sentencing guidelines, even though it had only been 108 days since the crash at the time.
He also earned five years of probation, 250 hours of community service, and a suspended prison sentence of four years, which would be imposed if he violates the terms of his probation.
Wrongful Death Suit
Silva still faces the family’s lawsuit, which they filed the same month their son died.
In it, La Barrie’s family has accused Silva of negligence, saying his excessive speeding caused the crash. They also claim he was driving under the influence.
It’s worth noting that people close to Silva have disputed that claim and he was never charged with a DUI. However, the first police statement about the crash labeled it a “DUI Fatal Traffic Collision.” Witnesses have said the two were partying earlier that night, though