{"id":1109,"date":"2024-09-22T07:37:25","date_gmt":"2024-09-21T23:37:25","guid":{"rendered":"https:\/\/www.kafeizha.com\/?p=1109"},"modified":"2024-09-22T07:37:25","modified_gmt":"2024-09-21T23:37:25","slug":"tiktok%e6%9c%8915%e5%88%86%e9%92%9f%e8%87%aa%e6%95%91%e6%97%b6%e9%97%b4","status":"publish","type":"post","link":"https:\/\/news.tomjun.com\/?p=1109","title":{"rendered":"TikTok\u670915\u5206\u949f\u81ea\u6551\u65f6\u95f4"},"content":{"rendered":"

\u65b0\u95fb\u6765\u6e90\uff1a<\/b>www.cnn.com
\u539f\u6587\u5730\u5740\uff1a<\/b>TikTok has 15 minutes to fight for its life<\/a><\/font>
\u65b0\u95fb\u65e5\u671f\uff1a<\/b>2024-09-16<\/p>\n

TikTok\u9700\u8981\u572815\u5206\u949f\u5185\u4e3a\u81ea\u5df1\u8fa9\u62a4\u3002\u7f8e\u56fd\u8054\u90a6\u4e0a\u8bc9\u6cd5\u9662\u4eca\u5929\u5c06\u542c\u53d6 TikTok \u5173\u4e8e\u53ef\u80fd\u7981\u7528\u5176\u793e\u4ea4\u5a92\u4f53\u5e94\u7528\u7a0b\u5e8f\u7684\u7d27\u6025\u8bf7\u6c42\u3002\u516c\u53f8\u8ba4\u4e3a\uff0c\u76f8\u5173\u6cd5\u6848\u5c06\u57281\u670819\u65e5\u751f\u6548\uff0c\u53ef\u80fd\u5bfc\u81f4 TikTok \u5728\u7f8e\u56fd\u7684\u5b58\u5728\u88ab\u8feb\u7ec8\u6b62\u3002<\/p>\n

TikTok\u8ba4\u4e3a\uff0c\u5176\u603b\u90e8\u4f4d\u4e8e\u4e2d\u56fd\u7684\u6bcd\u516c\u53f8\u548c\u63a8\u8350\u7b97\u6cd5\u5b58\u5728\u98ce\u9669\uff0c\u53ef\u80fd\u4f1a\u8ba9\u5916\u56fd\u52bf\u529b\u63a5\u89e6\u5230\u7f8e\u56fd\u7528\u6237\u7684\u6570\u636e\u3002 <\/p>\n

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\u539f\u6587\u6458\u8981\uff1a<\/b><\/p>\n

Fifteen minutes. That\u2019s how much time TikTok will have today to dissuade a federal appeals court from supporting a possible US ban of its social media app, which is used by 170 million Americans. Those 15 minutes could well be the most significant of TikTok\u2019s US existence. The company is fighting for survival in the face of a law, signed by President Joe Biden, whose key provisions could kick in as soon as January. The law Biden signed seeks to ban TikTok on Americans\u2019 personal devices unless its Chinese parent company, ByteDance, quickly sells TikTok to someone else \u2014 which may effectively end the app as we currently know it. As the deadline nears for a potential ban, TikTok and ByteDance have gone to court asking for the law to be blocked and declared unconstitutional on First Amendment grounds. TikTok will not get the luxury of a full trial to argue for its continued existence in its current form. That\u2019s because the law in question requires any legal challenge to bypass federal district court and go straight to the US Court of Appeals for the District of Columbia Circuit within a tight timeframe. A three-judge panel will hear the case and decide, likely in a matter of weeks, whether the law is constitutional. Short arguments set for Monday On Monday at 9:30 a.m. ET, the companies will make their case in oral arguments. TikTok will have just a few minutes to make an impact. But it won\u2019t be alone: A group of TikTok creators also suing the Biden administration will go next, with 10 minutes to speak. And the Biden administration will wrap it up with its own 25-minute presentation. With each side of the debate allotted roughly a half-hour, TikTok and its allies will try to explain why the court should reject the law and prevent it from being enforced. DOJ attorneys will explain why a potential TikTok ban or forced sale \u2014 or as they will likely put it, a \u201cqualified divestiture\u201d \u2014 is the only way to keep American users safe. Hearing the case will be Chief Judge Sri Srinivasan, an Obama appointee, along with Judge Neomi Rao, who was appointed by former President Donald Trump, and Judge Douglas Ginsburg, a Reagan appointee. The key question facing Monday\u2019s panel: Is the hypothetical risk of Chinese spying through TikTok enough of a national security threat that it justifies a federal law that may infringe on Americans\u2019 constitutional free-speech rights? It\u2019s not clear when the court could reach a decision on whether to block the legislation. But the law sets out a deadline of Jan. 19 for TikTok, so it is probable the court may rule before then. US fear over China Fast-tracked through Congress this spring with uncommon speed, the legislation is a US response to fears that TikTok\u2019s China ties could allow that country\u2019s government to access American users\u2019 app data, such as which videos they have watched, liked, shared or searched for. The measure has become a symbol of bipartisan opposition to China. But for TikTok\u2019s supporters, including some 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. The outcome of the case won\u2019t just determine the fate of TikTok in the United States. It could also have ripple effects for the way courts interpret the First Amendment \u2014 which guarantees against the government prohibiting freedom of expression \u2014 and its relationship to digital speech and online platforms writ large. 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\u2019s 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\u2019s provisions TikTok has already publicly implemented as part of an initiative called Project 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.\u00a0(The US government has subsequently described the plan in its court filings as \u201cinadequate\u201d because officials feared it would be hard to detect whether TikTok were violating the agreement.) TikTok has also claimed that it is technologically impossible to separate its app from its parent company. For starters, it said in a court filing, the TikTok app depends on software code that\u2019s 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\u2019t allow TikTok\u2019s recommendation algorithm to be sold to a non-Chinese company. The recommendation engine is TikTok\u2019s secret sauce and what powers its popularity; without it, the app loses its most distinctive feature. Last year,\u00a0the Chinese government said\u00a0it would \u201cfirmly\u201d oppose a potential sale of TikTok from ByteDance, following\u00a0new export controls\u00a0the country announced that affect the transfer of certain software algorithms. TikTok has portrayed the US law as a sweeping congressional power grab that threatens all Americans\u2019 speech rights. \u201cIf Congress can do this,\u201d the company wrote in its filings, \u201cit 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.\u201d \u2018Speculative concerns,\u2019 TikTok says Finally, TikTok claims, the US government has never proven that the Chinese government has exploited US user data to justify the law. \u201cEven 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 \u2014 even though the platform has operated prominently in the United States since it was first launched in 2017,\u201d the company wrote. \u201cThose speculative concerns fall far short of what is required when First Amendment rights are at stake.\u201d The US government has argued in its own filings that lawmakers are free to take action \u201ceven if all of the threatened harms have not yet broadly materialized or been detected.\u201d The Chinese government has the incentive and the ability to pressure ByteDance to hand over TikTok user data, the Biden administration has said, adding that the information could be useful for intelligence purposes or for manipulating the public through disinformation campaigns. 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 laws limiting what intelligence officials can do with data about US citizens or, for domestic law enforcement, requirements that authorities obtain a court order in exchange for user data \u2014 orders that tech companies can and often do challenge, even if they can\u2019t always disclose it. \u201cTikTok\u2019s parent company and recommendation algorithm are based in China,\u201d the Justice Department wrote in a court brief, \u201cgiving rise to the risk that a foreign adversary will wield TikTok\u2019s enormous power to advance its own interests, to the detriment of U.S. national security.\u201d The US government has also insisted the law is not a ban as it technically provides a way for TikTok to avoid one by simply finding a new owner within about six months. Independent cybersecurity\u00a0experts have said\u00a0that the risk of Chinese spying through TikTok\u00a0sounds plausible but remains unproven. China\u2019s intelligence laws\u00a0require companies\u00a0with a presence there to help with that country\u2019s intelligence objectives. TikTok does not operate in China, but ByteDance does, meaning it is subject to China\u2019s laws \u2014 and the Chinese government holds a board seat on ByteDance\u2019s local Chinese subsidiary. The question is whether all that amounts to enough influence over ByteDance and TikTok to gain access to US TikTok users\u2019 data, in spite of the guardrails promised by Project Texas. All eyes on TikTok The case has attracted immense attention, prompting friend-of-the-court briefs from more than a dozen US states, the House select committee on China that drafted the law, former US national security officials, business and civil rights groups, and a former chairman of the Federal Communications Commission. The law in question \u201cplainly raises the issue of political bias and motivation, singling out TikTok because of its foreign ownership even as other major social media platforms raise similar privacy and content-moderation issues,\u201d wrote a coalition of digital rights groups in a filing. But former national security officials wrote that TikTok user data, if combined with other information Beijing has collected through hacks and leaks, could be a potent intelligence risk. The Chinese government, wrote the group that includes former National Cyber Director Chris Inglis, \u201ccan exploit this massive trove of sensitive data to power sophisticated artificial intelligence (AI) capabilities that can then be used to identify Americans for intelligence collection, to conduct advanced electronic and human intelligence operations, and may even be weaponized to undermine the political and economic stability of the United States.\u201d<\/p>\n

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