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Comment on US can’t ban TikTok for security reasons while ignoring Temu, other apps, TikTok argues

A US Citizen might be protected by Article 1 Section 9, but courts have adopted a three-part test to determine if a law functions as a bill of attainder:

The law inflicts punishment.
The law targets specific named or identifiable individuals or groups.
Those individuals or groups would otherwise have judicial protections.

And unfortunately for the CCP they fail #3 unless the Chinese owners divest and all Chinese centralization for the company gets shut down.

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Buttons@programming.dev ⁨1⁩ ⁨day⁩ ago
You mean the CCP is not an “individual or group”?

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- finitebanjo@lemmy.world ⁨1⁩ ⁨day⁩ ago
  #3. Number 3. The third part. THREE. Learn to read.
  
  The parent company don’t have judicial protections. They’re based in China and are state owned and operated. The US-Based subsidiary isn’t being punished, they’re explicitly allowed to operate if the parent company divests, but are choosing to shut down instead.
  
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  - UnderpantsWeevil@lemmy.world ⁨1⁩ ⁨day⁩ ago
    
    The parent company don’t have judicial protections.
    
    But the subsidiary does.
    
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    finitebanjo@lemmy.world ⁨1⁩ ⁨day⁩ ago
    And the subsidiary has explicit permission to continue operating if the parent company divests.
    
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UnderpantsWeevil@lemmy.world ⁨1⁩ ⁨day⁩ ago

And unfortunately for the CCP they fail #3

The bill doesn’t target the CCP, it targets a US subsidiary of a Singapore-based multinational.

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- finitebanjo@lemmy.world ⁨1⁩ ⁨day⁩ ago
  It would be akin to passing a law that states Finite Banjo’s friend Jose must no longer act as a proxy between Finite Banjo and Jose’s friend Juan, as Finite Banjo is not constitutionally protected but Jose is, or Jose must cut all contact with Juan because Finite Banjo is harming Juan.
  
  The fact that you think you can remove all context in an attempt to win an argument is just evidence of your inability to comprehend complexity.
  
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  - UnderpantsWeevil@lemmy.world ⁨1⁩ ⁨day⁩ ago
    
    It would be akin to passing a law that states Finite Banjo’s friend Jose
    
    Except, again, the business being penalized is the American subsidiary.
    
    The fact that you think you can remove all context
    
    The context is that the commercial assets and employees being threatened by the US government are all within US territory.
    
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