by Gordon G. Chang
China is using the app to target every future American president, Supreme Court chief justice, and House speaker by accumulating information — and blackmail material — on most of America's young.
In short, Trump nullified the Protecting Americans from Foreign Adversary Controlled Applications Act. A president, however, does not possess that inherent power.
China is using the app to target every future American president, Supreme Court chief justice, and House speaker by accumulating information — and blackmail material — on most of America's young.
Since when does the U.S. need China's approval to protect itself from China's attacks?
The U.S., therefore, has the right to expropriate without compensation — confiscate or "forfeit" in legal terms — the app, including its algorithm.
On January 20, just hours after taking the oath of office, President Donald Trump signed an executive order effectively delaying the application of the Protecting Americans from Foreign Adversary Controlled Applications Act, better known as the "TikTok ban."
This executive order is legally questionable and severely undermines the national security of the United States.
The Act provides that no person may "distribute, maintain, or update" a "foreign adversary controlled application." The measure designates any app owned by ByteDance, including TikTok, as such an app. In short, American app stores cannot distribute that app and no American business may offer web-hosting services to it.
Trump, in a Truth Social posting on January 19, wrote: "I will issue an executive order on Monday to extend the period of time before the law's prohibitions take effect, so that we can make a deal to protect our national security."
Many therefore assumed Trump on January 20 exercised his authority to grant a one-time extension of up to 90 days. The Act, however, provides that an extension can be granted only if three conditions are met: "a path to executing a qualified divestiture has been identified," "evidence of significant progress toward executing such qualified divestiture has been produced," and "there are in place the relevant binding legal agreements to enable execution of such qualified divestiture during the period of such extension."
Trump could not use this provision because ByteDance refused to consider a sale. Axios, on the January 22, reported this: "As of Trump's order, ByteDance had not engaged in negotiations with any potential buyer, despite the pending ban."
Trump, therefore, ignored the new law altogether.
In his executive order, Trump stated that he has a "unique constitutional responsibility for the national security of the United States, the conduct of foreign policy, and other vital executive functions" and that he needs time to "consult with my advisors, including the heads of relevant departments and agencies on the national security concerns posed by TikTok."
Therefore, Trump on January 20 ordered the attorney general "not to take any action on behalf of the United States to enforce the Act for 75 days," so that his administration would have "an opportunity to determine the appropriate course of action with respect to TikTok."
In short, Trump nullified the Protecting Americans from Foreign Adversary Controlled Applications Act. A president, however, does not possess that inherent power.
Yet whether he has that power or not, Trump has acted to help China's regime to assault the United States. The Chinese Communist Party uses TikTok to criminally obtain information from American users. The app even tracks keystrokes.
Moreover, the Chinese regime uses TikTok's curation algorithm, which determines the distribution of videos, to propagate its narratives as well as spread hate, foment violence, and promote illicit drug use and self-harm. Why has venomous anti-Semitism spread so fast in the last couple of years in America? Think TikTok.
Unfortunately, the just-inaugurated president minimizes TikTok's malign effect. "And remember, TikTok is largely about kids, young kids," Trump said in the Oval Office while signing the executive order. "If China is going to get information about young kids out of it, to be honest, I think we have bigger problems than that."
Trump has got that wrong. China is using the app to target every future American president, Supreme Court chief justice, and House speaker by accumulating information — and blackmail material — on most of America's young.
There is another problem: Trump is accepting China's terms. "Essentially with TikTok I have the right to sell it or close it," he said in the Oval Office after signing the executive order. "We may have to get approval from China. I'm not sure. I'm sure they'll approve."
Since when does the U.S. need China's approval to protect itself from China's attacks?
If by "approval," Trump meant that China has said that it will not allow the transfer of the curation algorithm, let's remember that the Chinese Communist Party used the algorithm to commit a federal crime and act of war against the U.S. As Radio Free Asia reported in August 2020, a Chinese People's Liberation Army intelligence unit sent "tailor-made" TikTok videos to incite Americans to riot.
The U.S., therefore, has the right to expropriate without compensation — confiscate or "forfeit" in legal terms — the app, including its algorithm.
Trump, like every new American president, is trying to accommodate the Chinese Communist Party. He has even gone so far as to suggest that ByteDance could continue to own half of TikTok in a joint venture.
At some point, however, Trump will learn that long-term cooperation is not possible. The 47th president should know that by now. Xi Jinping continually violated his promises to Trump during his first term, most notably on fentanyl, a pledge made in December 2018, and on trade, a promise made and documented in an agreement in January 2020. Xi is even more arrogant and brazen now than he was five years ago.
Every day, TikTok causes irreparable harm to America. Giving China's hostile regime 75 more days to do so is not in America's interest.
- Follow Gordon G. Chang on X (formerly Twitter)
Gordon G. Chang is the author of The Coming Collapse of China, a Gatestone Institute distinguished senior fellow, and a member of its Advisory Board.
Source: https://www.gatestoneinstitute.org/21361/trump-tiktok-law-nullification
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