Posted on 01/18/2025 12:52:12 AM PST by RandFan
They left themselves a loophole the ignorant people do not understand. This loophole allows them to apply or not apply any and every requirement or exclusion as they like selectively at their discretion.
They are not bound by the sum of the whole which means they can adapt it to fit whatever service they decide they want to use it against. It is right there in plain text...
“(1) IN GENERAL.—If any provision of this section or the application of this section to any person or circumstance is held invalid, the invalidity shall not affect the other provisions or applications of this section that can be given effect without the invalid provision or application.”
Meaning none of the requirements are bound, and none of the exclusions are bound. They can twist it anyway they like selectively. I have been warning about this language since the very beginning.
They ALWAYS leave bills open ended so they can always be twisted and used how THEY like. Open ended legal text is a huge problem the people need to address.
https://www.congress.gov/bill/118th-congress/house-bill/7521/text
Coming from you, I’d think it would be called Prik Prok.
The language can be twisted like hell and they’ve done it before even with a sitting president only a few short years ago or have you forgot ?
I understand they might we have to do battle if that day comes when they ban social media that doesn’t pose a danger to the survival of the country.
If America doesn’t survive, you will not have any of your rights. China weaponizes social media with the express purpose of eliminating America.
so the pretext was protecting us from bad info. but the real reason is that the uniparty is afraid of the people getting to close to the evil truth about them. so naturally for them too much freedom of speech is a threat to their power and therefore must be limited. makes perfect sense.
but the unanimous court including Thomas and Alito. that’s not so clear to me. why would Thomas go along with it. he certainly is not afraid of the people and their rights to know the truth in the Constitution.
I must have forgot.
The relevant legislation according to Grok2...
The specific legislation that allows the U.S. government to potentially ban the TikTok app is the Protecting Americans from Foreign Adversary Controlled Applications Act (H.R. 7521). This legislation was passed by the United States House of Representatives on March 13, 2024, and was signed into law by President Joe Biden on April 24, 2024. Under this law, TikTok’s parent company, ByteDance, is required to divest from the app or face a ban in the United States. The legislation gives ByteDance a deadline to sell TikTok to an approved buyer, with the ban potentially going into effect if not complied with by January 19, 2025, extendable by an additional 90 days if progress toward divestiture is shown.
<<>>
“(1) PROHIBITION OF FOREIGN ADVERSARY CONTROLLED APPLICATIONS.—It shall be unlawful for an entity to distribute, maintain, or update (or enable the distribution, maintenance, or updating of) a foreign adversary controlled application by carrying out, within the land or maritime borders of the United States, any of the following:”
[full text at link below...]
https://www.congress.gov/bill/118th-congress/house-bill/7521/text
The sitting president was deemed to be under foreign influence
They twisted the language of FISA they can twist the language of this law
If it was just TikTok the could have made it a one or two line bill.
"(ii) has more than 1,000,000 monthly active users with respect to at least 2 of the 3 months preceding the date on which a relevant determination of the President is made pursuant to paragraph (3)(B);"
Just discovered: Jim Thompson is Xi Jinping’s twin brother.;-)
How many impressions, though? Can that be deemed users? etc etc.
These laws can be interpreted as anything
And frequently are.
🙃
I am a longtime domain owner, webmaster, and developer. For us in the industry this is a huge dangerous precedent to set. It is the beginning of the end of the internet for all of us.
We already barely dodged a bullet with the National Internet real ID bill. We were just a couple votes away from having government literally own the internet in this country.
And this bill is an incremental step back right in that same direction. That one was absolutely insane compared to this one. And the only reason it did not pass is because there was too much public and industry opinion against it. What SCOTUS did here with this one was open the door for them to rehash and rerun the insane one again and claim that the “public even approves of us controlling the net”.
Nope, there should have been absolutely no support for this one at all. Now they have a stepping stone to bigger things. It was absolutely stupid...
What I can’t believe is how many are so hell bent on giving them these powers that will eventually take down the FR while the rest of us who understand it are trying to defend the future of the FR. Well when they lose it then it will be their own fault for allowing themselves to be played the fool by our government. They will have only themselves to blame for it.
People must know the point we’re making is valid
The law could have been laser targeted and a few lines
The CONgress - sadly - passed a monstrosity as usual and not many are pointing it out.
And if memory serves it was not a “sitting President”, it was Carter Page (Trump campaign) before the 2016 election (for the FISA court abuse):
I agree with you 100%. Some aren’t worried or bothered because our preferred Admin. has the reigns of power but in 10-12 years who knows
So you’re right to say it’s the beginning of the end. And also no dissent will embolden Congresscritters more. I’m disappointed.
“And FR does not have 1 million active users per month:
“(ii) has more than 1,000,000 monthly active users with respect to at least 2 of the 3 months preceding the date on which a relevant determination of the President is made pursuant to paragraph (3)(B);”
They are not bound by that qualification. They left a loophole where they can still use the law WITHOUT that qualification and clause. In fact they can legally apply the law without the “foriegn” qualification with the same loophole the stuck in there...
“(1) IN GENERAL.—If any provision of this section or the application of this section to any person or circumstance is held invalid, the invalidity shall not affect the other provisions or applications of this section that can be given effect without the invalid provision or application.”
Meaning none of the requirements are bound, and none of the exclusions are bound. They can twist it anyway they like selectively. I have been warning about this language since the very beginning.
https://www.congress.gov/bill/118th-congress/house-bill/7521/text
And let’s not forget the nodding justices at the FISA court let them do this and pervert the language
So the Supremes or justices are not Saints even though i’m bitterly disappointed with a few of them and hate to point it out but they’re WRONG
You could do a cross-promotion with hickory farms and call it “Hickory Dickory Dok”.
CC
Come on RF...Congress NEVER passes “laser targeted” legislation! ;-) I cannot think of any legislation/bills one page or under in my lifetime!
Besides, I presume the authors wanted the leeway to ban other malware from Iran, China, Russia or N. Korea if needed in the future. (Like CCP’s “RedNote”).
Perfect
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.