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cover of episode TikTok on the dock(et)

TikTok on the dock(et)

2025/1/9
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Today, Explained

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H
Heather Somerville
I
Ian Millhiser
S
Sean Rameswaram
Topics
Sean Rameswaram: 我回顾了TikTok禁令案的来龙去脉,从特朗普政府时期的讨论到国会通过的法案,再到如今即将提交最高法院的审理。这起案件事关重大,因为它关系到国家安全和言论自由之间的平衡。 我采访了Ian Millhiser和Heather Somerville两位专家,他们分别从法律和国家安全角度对该案件进行了深入分析。 在节目中,我们还讨论了美国政府对其他中国科技公司的担忧,以及这些担忧背后的原因。 Ian Millhiser: 我认为TikTok禁令是合法的,因为政府有权保护国家安全,而关键通信基础设施的外国所有权一直受到限制。虽然TikTok及其用户都对该禁令提出了第一修正案的挑战,但我认为他们的论点不具有说服力。 我理解政府的担忧,因为我们不希望外国政府能够通过控制媒体来传播宣传。然而,我同时希望最高法院能够写出一个狭义的裁决,避免对第一修正案造成损害,并防止政府滥用权力。 目前,TikTok尚未找到美国买家,这增加了该禁令生效的可能性。 Heather Somerville: 美国政府对中国科技公司的担忧不仅仅局限于TikTok,还包括无人机、汽车、激光雷达、路由器和生物技术等多个领域。这些担忧主要集中在数据安全和市场主导地位两个方面。 中国政府的法律要求中国公司配合政府获取数据,这增加了数据泄露的风险。此外,中国公司在许多科技市场占据主导地位,这使得美国在经济和国家安全方面都面临脆弱性。 虽然一些人认为这些担忧是夸大其词,但我认为许多担忧是有充分理由的,特别是考虑到中美之间潜在的冲突。禁止中国科技产品可能会促进美国国内科技产业的发展,但这需要政府的政策支持。

Deep Dive

Key Insights

Why is the TikTok ban heading to the Supreme Court?

The TikTok ban is heading to the Supreme Court due to First Amendment challenges. TikTok and its users argue that the law requiring ByteDance to sell TikTok violates their First Amendment rights to operate and use the platform freely. The case involves two separate challenges: one from TikTok itself and another from TikTok users and influencers.

What is the historical precedent for restricting foreign ownership of media in the U.S.?

The U.S. has a long-standing rule, dating back to the Radio Act of 1912, that prohibits foreign nationals or companies from owning or operating radio stations. This rule is based on national security concerns, as foreign ownership could allow foreign governments to broadcast propaganda. Similar restrictions apply to other key communications infrastructure, including TV and social media platforms.

What is TikTok's argument against the foreign ownership rule?

TikTok argues that the foreign ownership rule should not apply to them because it was originally designed to allocate limited bandwidth for radio and TV stations, which are finite resources. TikTok claims that social media platforms like theirs do not face the same bandwidth limitations, making the rule irrelevant to their case.

Why has Donald Trump changed his stance on the TikTok ban?

Donald Trump, who initially supported banning TikTok during his presidency, has recently reversed his position. He now opposes the ban, citing the popularity of TikTok among young users and his own political gains from the platform. Trump has expressed concern about the backlash from young voters if TikTok were banned.

What are the potential consequences of the Supreme Court's decision on the TikTok ban?

The Supreme Court's decision could have significant implications for the First Amendment. If the Court upholds the ban, it could set a precedent allowing the government to restrict foreign ownership of media companies. However, if the Court rules narrowly, it could limit the decision to key communications infrastructure, preserving broader First Amendment protections.

What other Chinese technologies are being targeted by the U.S. government?

The U.S. government is targeting several Chinese technologies, including drones (notably DJI), connected cars with Chinese software and hardware, LIDAR systems, routers, and biotechnology services. These technologies are seen as potential national security risks due to concerns about data access, market dominance, and reliance on Chinese companies.

What are the national security concerns related to Chinese drones?

Chinese drones, particularly those made by DJI, are under scrutiny due to concerns that they could be used for surveillance and data collection on U.S. critical infrastructure. The U.S. government has also raised concerns about DJI's involvement in human rights abuses, such as the surveillance of Uyghur Muslims in China's Xinjiang region.

How do Chinese routers pose a national security risk?

Chinese routers, such as those made by TP-Link, are seen as a national security risk because they can be used as entry points for cyberattacks on U.S. infrastructure. These routers often come with vulnerabilities that are not patched, making them easy targets for Chinese hackers to access and exploit U.S. networks.

What are the economic implications of banning Chinese technologies in the U.S.?

Banning Chinese technologies could disrupt U.S. markets, as Chinese products are often cheaper and more widely used than American alternatives. While the bans aim to reduce national security risks, they could also create economic vulnerabilities if U.S. companies are unable to fill the void left by Chinese competitors.

Chapters
The Supreme Court is hearing a First Amendment challenge to a law requiring TikTok's Chinese parent company to sell the company. TikTok and its users argue they have a right to operate and use the platform, while the government cites national security concerns. The case involves conflicting principles of free speech and national security.
  • First Amendment challenge to TikTok ban
  • National security concerns vs. free speech
  • TikTok argues right to operate regardless of ownership
  • Users argue right to use the platform

Shownotes Transcript

The TikTok ban lands at the Supreme Court on Friday. Turns out ByteDance is far from the only Chinese company in the US government’s crosshairs.

This episode was produced by Avishay Artsy and Travis Larchuk, edited by Amina Al-Sadi, fact-checked by Laura Bullard, engineered by Patrick Boyd and Rob Byers, and hosted by Sean Rameswaram.

Transcript at vox.com/today-explained-podcast)

Support Today, Explained by becoming a Vox Member today: http://www.vox.com/members)

Illustration of President Donald Trump expressing support for TikTok in Shanghai, China. CFOTO/Future Publishing via Getty Images.

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