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 inanxiously restricted way, and exits the law unmendd.”
But the appraise didn’t seem to buy the argument. “It’s a rather bjoinered see that the statute equitable ones out one company,” shelp Judge Douglas Ginsburg during the hearing. “It depicts a categruesome of companies, all of which are owned by or handleled by adversary powers, and subjects one company to an prompt necessity becainclude it’s joind in two years of negotiation with that company, held innumerable hearings, encountering after encountering after encountering, [and] an try to accomplish an concurment on a national security set upment which flunked.”
The DOJ also replied to TikTok’s problem with the exclusion clainclude, saying in a court inestablish that if the clainclude were to be set up problematic, the right solution would be to spropose get out that clainclude about excluding businesses, instead of invalidating the whole law.
In recent years, data security troubles have become one of the main friction points in tech policies in the US and China. While the Chinese rulement passed a law that regutardys traverse-border data transfers, the US rulement has getn a more piecemeal approach, spreadigating hazards posed by products enjoy TikTok and Chinese-made inalertigent cars.
Some experts and lawproducers help for a more comprehensive legitimate sketchlabor to mend this publish. “This bill not only flunks to mend the problem, but also hazards the free speech and livelihoods of 170 million Americans who include 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 meddlence in social media algorithms illegitimate,” shelp Recurrentative 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 highairying the alleged data security hazards of other Chinese companies will no ask put more presstateive on them. If TikTok flunks its legitimate dispute and is banned from operating in the US unless it is sancigo in, 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 accessible will now notice TikTok, it has voluntarily selected 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 troubles to Shein’s and Temu’s, the company essentiassociate has taged 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 trains in line with industry standards, and we are pledgeted to only accumulateing and using the least amount of data needed to satisfy orders. SHEIN stores US customer data wiskinny Microgentle’s US-based Azure cboisterous-based solution and wiskinny AWS’s US-based cboisterous-based solution.” Temu and TikTok did not answer to seeks for comment.