The Lawfare Podcast
Lawfare Daily: Jane Bambauer, Ramya Krishnan, and Alan Rozenshtein on the Constitutionality of the TikTok Bill
Sep 18, 2024
In this intriguing discussion, guests Jane Bambauer, a Professor at Levin College of Law; Ramya Krishnan, a Senior Staff Attorney at the Knight First Amendment Institute; and Alan Rozenshtein, an Associate Professor at the University of Minnesota, delve into the constitutionality of the TikTok bill. They examine national security concerns, user privacy, and the implications for First Amendment rights. The panel also critiques both TikTok’s defense and government arguments, exploring the balance between corporate rights and individual freedoms in the face of legislative challenges.
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Quick takeaways
- The TikTok bill mandates ByteDance to sell the platform due to national security concerns over data privacy and foreign influence.
- Discussions during court hearings revealed skepticism about TikTok's First Amendment defense concerning its foreign ownership and user rights.
Deep dives
National Security Concerns Over TikTok
Congress raised significant national security concerns regarding TikTok, primarily due to its ownership by the Chinese company ByteDance. There is a fear that the Chinese government could influence content moderation practices, potentially manipulating the algorithm to promote divisive or harmful content while suppressing opposing views. Additionally, the app raises data privacy concerns as sensitive user information may be stored on Chinese servers, allowing governmental access and control. These issues prompted Congress to mandate that TikTok either divest from its Chinese ownership or risk being banned in the U.S.
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