> Shutting down communications platforms or forcing their reorganization based on concerns of foreign propaganda and anti-national manipulation is an eminently anti-democratic tactic, one that the US has previously condemned globally.
These platforms are fundamentally anti-democratic in their very nature, increasingly so in the age of LLMs. They're places where people buy a voice and the illusion of support by astroturfing the platform and/or manipulating the algorithm (either through paid advertisements or by owning a platform and controlling the algorithm outright). They're places where a small minority of people can become an unstoppable movement that seems to have real support, sucking gullible voters in to join the growing "consensus".
In short, these platforms are places for manufacturing consent. The only sense in which banning one is anti-democratic is that it's selectively applied to tiktok instead of to all such platforms.
Ironically this is exactly why I think TikTok is so important. Obviously every media site is used for manufacturing content, from NYT to Facebook. Also, obviously the US government has a say in what gets published and promoted. Wouldn't it be good then to have checks and balances to this, by having media not under the US government supervision?
Unless are you suggesting that the US government doesn't misinform the public in harmful ways?
You are glancing over the fact that American media platforms are not really controlled by the US government except for legal restrictions on hate speech and violence, and that there is an extremely diverse set of voices that can be heard on the 'American' (or rather non-Chinese) internet.
It is also not clear to me how TikTok is supposed to provide better "checks and balances" just because it is owned and manipulated by the Chinese Communist Party.
>You are glancing over the fact that American media platforms are not really controlled by the US government except for legal restrictions on hate speech and violence, and that there is an extremely diverse set of voices that can be heard on the 'American' (or rather non-Chinese) internet.
Think Binney, Snowden, Assange would probably disagree with you.
> You are glancing over the fact that American media platforms are not really controlled by the US government except for legal restrictions on hate speech and violence, and that there is an extremely diverse set of voices that can be heard on the 'American' (or rather non-Chinese) internet.
That's how it's supposed to work in the US. For example, "hate speech" isn't actually one of the things the government is allowed to prohibit under the First Amendment.
But then the government passed a whole bunch of laws they don't actually enforce, and then instead of actually enforcing them, they started threatening to enforce them if platforms didn't start censoring the stuff the government wanted them to, i.e. "take that stuff down or we'll charge you with the antitrust violations you're already committing".
This is basically an end-run around the constitution for free speech in the same way as parallel construction is for illegal searches and the courts should put a stop to it, but they haven't yet and it's not clear if or when they will, so it's still a problem.
> It is also not clear to me how TikTok is supposed to provide better "checks and balances" just because it is owned and manipulated by the Chinese Communist Party.
Suppose you have one platform that censors criticism of the current US administration and another platform that censors videos of Tienanmen. This is better than only having one of those things, because you can then get the first one from the second one and vice versa.
Is Tiktok genuinely manipulated by the CCP? I could never quite tell if that was merely scaremongering and hypothesising by American politicians, or based on evidence of past transgressions.
I can't speak for Tiktok, but the CCP did explicitly shut down Bytedance's very popular Neihuan Duanzi humor app, and put pressure on them to change the Toutiao algorithm because it was promoting inappropriate content. It's not much of a leap to think that by the time Douyin started getting popular Bytedance had learned their lesson and would proactively moderate their platforms to stay well within the party lines. In theory Tiktok should be independent of that since it targets foreign users, but in practice any media product coming out of a Chinese-owned company is going to be influenced whether explicitly or incidentally by CCP policy.
Of course Americans have the freedom to access thousands of other media outlets not influenced by the CCP, so it seems pretty silly to just restrict this one.
> They're places where people buy a voice and the illusion of support by astroturfing the platform and/or manipulating the algorithm (either through paid advertisements or by owning a platform and controlling the algorithm outright)
Anyone willing to take a good-faith stab at why this couldn't equally well be a description of traditional media too - say - the WaPo?
It's a shame that this is true for many platforms. Social media platforms have the potential to be incredibly democratic. The more people watch content the more it's shown to other people. Anyone's voice could be amplified in a way that was limited to broadcast networking and printing presses in the past. A million small conversations can occur in such a way that they create a chorus of discussion about public interests. Now it seems like most platforms seem to be thinly veiled psyops hoping to trade quick dopamine for mindshare.
> Social media platforms have the potential to be incredibly democratic.
> Now it seems like most platforms seem to be thinly veiled psyops hoping to trade quick dopamine for mindshare.
It's a matter of incentives. The profit motive is fundamentally opposed to a low-intervention platform for democratic communication. For a brief period we had some social media platforms that made gestures in the direction of free communication. Then the investor capital came rolling in, and they were expected to increase revenue. How do you increase revenue of your free communication platform? You sell the messaging. Call it promotion, advertising, whatever. The only thing of value you have at your disposal are people's eyeball, you're going to sell what they see. You could ask your users to pay for the service... but then 80% of them will flake to a rival service that's still free. If there's a way to marry the profit motive and a truly democratic social media platform then our best and brightest have yet to find it. I suspect it doesn't exist.
> Now it seems like most platforms seem to be thinly veiled psyops hoping to trade quick dopamine for mindshare.
The first step to reform would be to persuade legacy media to stop reporting the opinions trending on X/Twitter as "news". Stop reporting it entirely, it's manipulated, at best unverified, rubbish.
Isn’t that what Facebook is supposed to provide? From anecdotal evidence, people are happy to engage in vitriol online that they would never do face to face, real name or not.
Privacy laws don't solve the real problem, they would only solve the fig leaf that politicians are hiding behind when it comes to tiktok.
The actual problem is and always has been control over the content being fed to users. It's not an issue of privacy, it's an issue of voter manipulation. It's just that the US has decided that it's okay with its own plutocrats manipulating voters while it's not okay with the CCP doing so.
On the one hand that's a very rational position for people who owe their election to algorithmic voter manipulation to take, but that doesn't really make it better ethically.
> It's just that the US has decided that it's okay with its own plutocrats manipulating voters while it's not okay with the CCP doing so.
I think it's more likely that it's able to pass muster when the threat is a foreign state. The US may be more limited in what it can do with it's own entities (I don't know for sure) and would probably receive far more push back from the courts if they tried heavy handed measures before going through the proper legislation regulation (as states are doing) or the FBI route(if it were in their realm of bad). The threat that is more concerning than US owned and operated companies getting US citizens to vote for their prefered US president, is a foreign state slowly radicalizing US citizens(without their knowledge it's happening) against themselves (the US), more than voter manipulation.
The voting algorithm needs to change so that destructive (negative) campaigning is not so effective.
Duverger's law makes campaigns devolve into undermining and destroying the competition, with the two parties hosting primaries to see which of them can "turn the wheel" the hardest before the general election where they claim "don't worry I won't crash the car!" despite their prior incentives.
If we used plurality voting for the inputs to a decision problem that follows the classic tragedy of the commons, we'd see a similar result. If instead of just {+1, +0, +0, ...} without repeats, we instead voted with {+1, +0.5, -0.5, 0, 0, ...} cooperation (or at least constructive competitive frameworks) would at least be at parity with destructive and potentially mutually destructive competition.
>The voting algorithm needs to change so that destructive (negative) campaigning is not so effective.
No algorithm is going to fix this, it's human nature. Negative campaigning has been a constant of elections since elections were invented. At best you can tamp down on the aggressive engagement feedback loops. We should probably do that, but it's good to stay realistic about outcomes.
error_logic was referring to the "Voting system" meaning the way we elect politicians: plurality voting vs. ranked choice/approval voting. Not an algorithm in the social media feed sense.
Other voting systems do promote less negativity, among many other benefits such as giving us real choice and a true multiparty system.
The solution for the other half of the problem is anti-trust divestment of client apps from hosted services. Let TikTok (and Faceboot, and so on) keep their own assortments of services. But the mobile and web apps should be spun out into different companies, only communicating with openly documented APIs that are available for every other developer/user.
This won't solve the issue with propaganda that still manages to be compelling in the court of public opinion, but it will at least level the playing field rather than having such topics inescapably amplified for "engagement" and whatnot. There's definitely a mechanic of people realizing specific social media apps make them feel bad, but as of right now it is extremely hard to switch to an alternative due to the anticompetitive bundling of client presentation software (including "the algorithm") with hosted services (intrinsic Metcalfe's law attractors).
This doesn't make any technical sense. The key part of what is at issue with TikTok and other social media companies is editorial control over the ranking algorithm. The ranking algorithm is not done on the client, and I don't see how it can be.
And even if you could do it somehow, that is in direct conflict with the other main complaint people have about social media apps ("selling your data"). FB had an API that they opened up to some degree, then Cambridge Analytica happened.
Discovery algorithms are part of client presentation and should be under control of the client, regardless of beign commonly done where the database lives.
From the technical perspective, for things where your view is limited to friends that is straightforward to do on the client. Global discovery using metadata can be done using deterministic searching which condenses the view of the database enough that the client can then rank those results however it'd like. And global discovery from a pure firehose is likely even within the reach of a modern personal computer.
As far as apps taking a copy of data, the first obvious control is that its only apps you choose which have access to your data. And for the general problem, that is the point of privacy legislation - which was taken as a given by the comment I was responding to.
There's a good argument for separating content from discovery. Originally, Google was pure discovery - all you got was the page's link and maybe a line of description. If antitrust law was used to separate discovery from content, transmission, and aggregation, Google would be forced back into their original niche. They'd be a much smaller company, of course.
Restricting who can own what, however… that’s long been fair game.
In my dream world we’d get something like the rules we had, until fairly recently, restricting max broadcast media audience control in a given market for a single owner, but for Web platforms. Don’t like being limited to five million users or whatever? Then use a standard that puts control over curation and presentation in the hands of the user. Want to control all that, like all these awful platforms do? Then live with the limit.
You're presuming that these are communication platforms. I argue that they aren't—to the extent that they are useful for communication it's a pure coincidence, not a design choice.
Each of these platforms is fundamentally a propaganda platform—they're explicitly designed to manipulate people into buying stuff, and that capability is frequently turned to voter manipulation. The US government has decided that while US-based billionaires having access to such influence is fine and dandy, the CCP should not. So tiktok must be sold to a US owner.
The state is under no obligation to allow known foreign propagandists attached to a known communist party to engage in activities well outside the protections of the first amendment.
Of course, they don't HAVE to shutter. They can sell their interest in Tiktok and stay open. They have chosen not to do that thus far, and hence they have chosen to shutter.
>The only sense in which banning one is anti-democratic is that it's selectively applied to tiktok instead of to all such platforms.
This logic applies to all media publications, not just internet platforms in the United States. When people say "anti-democratic" in the US I'm pretty certain they take it to mean "the government interfering in the speech of a private entity", not failing to uphold the principle of "1 tweet, 1 impression".
Every newspaper, television station, blog post, what have you consists of a small minority of people both creating and selling reach in unequal ways. If it is anti-democratic and therefore presumably not tolerated for a small minority to exercise or sell speech, then that's just equivalent to saying no private media enterprise should exist.
Needlessly to say the only person who can make this claim with a straight face is Noam Chomsky because he's been saying that about everyone for 50 years, but this is obviously not a position held by anyone currently trying to ban TikTok
There's a major difference with the modern social media platforms, which is that the way in which they manufacture consent gives the illusion of popular consensus. That illusion makes them much more powerful than anything that came before, to the point where they are different in kind, not just in degree.
When a mainstream media outlet takes a position, most people are able to distinguish between that outlet's position and a large social movement in favor of a particular political position. The same cannot be said for these platforms, which by design attempt to make you feel like you're interacting with a large number of real people who hold real opinions. They much more effectively become seen as peers, and from that position can much more effectively manipulate people.
The role of "influencer" is a thousand times more potent than anything that we had in the previous era, and that's without even getting into the possibility of creating hundreds of AI-powered sock puppets or of deliberately constructing an algorithm to put specific people into specific types of echo chambers.
At this point in the game, the only way to equate speech-by-corporations with democracy is to be willfully blind to this difference in kind. The very rich at this point don't just have a megaphone, they have a direct neural link into an enormous number of brains. That's not free speech, that's free votes.
>They're places where a small minority of people can become an unstoppable movement that seems to have real support
All other social media platforms are places where a small minority of people silence dissent of what international experts have classed as a genocide, perpetuated by leaders who are wanted by the International Criminal Court for war crimes. TikTok is the only platform that allowed footage of this genocide to be spread, so that small minority had to do everything in their power to shut it down.
>In short, these platforms are places for manufacturing consent
These platforms are much less subject to manufactured consent than the traditional news media, which was controlled by a small number of entities aligned with the elites of the day. Decentralised information transmission is fundamentally better for the people than centralised information transmission controlled by a few gatekeepers who suppress anything not in their interests.
Look at how homogenous in views the baby boomers are relatively to the younger generations, as evidence of how much more effective at manufacturing consent the traditional media are.
In a trade war any company is fair game. A trade war thus naturally reaches across multiple values that a nation may hold, bringing them simultaneously under tension. Free speech is just a coincidence to the nature of TikTok, but what about cars, drones, phones, or even soybeans?
When values are in conflict, which should win? In the hierarchy of values, where does economic world position stand in terms of national concerns?
The First Amendment obligates the US government to permit Americans to read non-American books, because it protects reading and writing symmetrically. The Second Amendment is not symmetric in the same way. It does not encompass a "right to be shot (by someone else)", in the way the First encompasses a "right to receive communications (sent by someone else)".
("To suppress free speech is a double wrong. It violates the rights of the hearer as well as those of the speaker.")
A former sausage maker here. I (used to) design these engagement/recommendation engines for a large corp, did academic research in the field, went to conferences, etc.
In general, I wholehearted support the freedom of speech, and if it were any other case, I would agree with the EFF statement here. However, knowing how the sausages are made, I am reluctantly agreeing with the ban, at least for now.
People underestimate how powerful these tools can be. Based on simple, readily available "anonymous" data, we can already impute your demographics data -- age, gender, family relations, occupation, income, etc -- using a decade-old ML techniques. In some cases, we can detect which stage of your emotional journey you are in and nudge you towards our target state. What surprised me about Cambridge Analytica was its ineffectiveness, at least as reported. There are plenty of teams out there that use these techniques to greatly further their gains, whatever those may be.
In Primakov doctrine, information warfare through sowing discontent and/or eroding psychological well-being is very much real and actualizable. I am not claiming that a foreign government is currently single-handedly controlling TikTok to brainwash the American youth; we do not have conclusive proof of that. However, the fact that such a tool is in a foreign country's arsenal is itself a massive danger to America's national security.
It’s funny how they’re shutting down TikTok because it’s “manipulative and anti-democratic” while that’s a core trait of every algorithmic/engagement social media. Twitter and Threads should be banned as well then.
If the government can’t ban a business entity then doesn’t that say something about control? We have an app controlled by a communist dictatorship. They can keep the app running by selling it, but they won’t.
What’s perplexing to me is leftists love how companies in America can be forced to sell and broken if they are declared monopolies. But if an app is declared an agent of foreign powers suddenly forcing a sale is wrong? It makes me feel even more certain that HN is astroturfed by Chinese bots because who cares
> if an app is declared an agent of foreign powers
I suspect that people pattern-match this declaration to McCarthyism (arguably not unfairly). Same goes with Biden's recent decision to block the sale of US Steel to Nippon on extremely shaky grounds of national security.
Your last statement is a pretty silly generalization, and I don't think you need to bring in left/right extremes into this. For a lot of folks this is more about precedent on being able to ban anything the current establishment disagrees with, which has its own merits, even if you want to say that it's strictly being done because China controls it, which is not 100% of the reason why.
I despise communism myself, as my country went through 45 years of it. I agree with TikTok being forced to sell, and I'd like to see all social media sites offer more transparency mechanisms to NGOs and government agencies to show how their algorithms really work to have some watchdog be able to check if what we're seeing is heavily manipulated, especially during election years.
Given that the decision is unanimous just maybe it is in alignment with the constitution. If Clarence Thomas and Ketanji Jackson agree on something, that's some kind of signal.
Neil Gorsuch is though and he signed on too. He even said that while he thought the government had to prove a higher standard than the opinion required, it didn’t matter to the decision because the government in his mind had met that even higher standard anyway.
For most of US history people's access to information was controlled by a few powerful news/media corporations and the Supreme Court did nothing to stop that. It's no surprise that when we finally get a decentralised information transmission system not beholden to the elites, the Supreme Court doesn't want to lend it a hand.
Social media algorithms are nuclear bombs for the mind. And they are beholden to whoever holds the detonator. It just happens that a lot of people are happy with China holding it.
When the mind-reading algorithm provides each user with their own reality to live in, then we are talking about editorializing. And allowing a communist, anti-Western government direct control over that power does not seem reasonable.
inb4 "better than my own government" - great, we agree that social media algorithms are a net negative to all society.
Communications is great. Video is great. Social media algorithms controlled by rage-inducing profit seekers and governments is not great.
That pretty accurately describes Twitter and Facebook these days. TikTok, not so much, which you would know if you had used the platform. (Or, you have used the platform, and you prefer rage-inducing crap, so it continues serving that to you)
The proponents of the ban keep mentioning some kind of nefarious "communist" propaganda, and some kind of nefarious privacy data access, but I've yet to see someone show concrete examples of what that would look like.
My TikTok feed contains a ton of funny cat videos, Europeans shitting on clueless American tourists, OF models hawking themselves, the ubiquitous dance videos, people making caricature cringe videos, and a bunch of viral meme videos. And a lady drinking Costco peach juice.
Where's the propaganda? Not in my feed, that's for sure.
Where's the rage-inducing bait? Not in my feed, that's for sure.
What privacy data can the nefarious CCP access about me? That I like cat videos and memes?
I worked at EFF for twenty years, and every iteration or incarnation of EFF would have said that it should be extraordinarily difficult for the government to prevent Americans from using foreign web sites or software. And that it should be extraordinarily difficult for the government to compel tech intermediaries to help block foreign sites or software. This would have been a bog-standard EFF position for the organization's entire existence.
(I would say something even stronger than "extraordinarily difficult", but then I'd be on thinner ice.)
It required specific legislation to ban TikTok. I would say that's pretty extraordinary. I think even the EFF should admit that allowing the Chinese government to control a major American social media app is an unacceptable security risk.
It's amazing that all three arms of the government can come together so quickly to ban an app, but we can't have affordable housing, public healthcare, a higher minimum wage, or send kids to school without bulletproof backpacks.
Not only did it require specific legislation, but it had the near unanimous support of all 3 branches of the government (if you exclude the shifts in presidential opinion)
> The United States’ foreign foes easily can steal, scrape, or buy Americans’ data by countless other means.
True, but that's not the point.
> Shutting down communications platforms or forcing their reorganization based on concerns of foreign propaganda and anti-national manipulation is an eminently anti-democratic tactic, one that the US has previously condemned globally.
Sorry, that might've been true for old media, but social media is way more insidious.
It is hard to love the notion that banning a third party’s app is infringing upon my own right to free speech. If it were a ban on the Internet then that seems to make more sense. It’s analogous to a ban on paper, pens, or bullhorns. I can be sympathetic to the idea that, for some people, one particular proprietary app is their main tool for expression, even if that’s hardly ideal.
A ban on routers made by a specific foreign company — when the government knows full well the Internet can’t work without them — feels like a more likely scenario. When Huawei equipment bans were in the news, were there similar First Amendment arguments about that, too?
if youtube was being banned instead for the same reason (pretend it was owned by ByteDance), would you feel the same way? what about any other website/platform that you like?
What’s interesting about this argument is that the playing field is highly asymmetric between the us and china. China explicitly firewalls out large amounts of the internet from its population. If you want to do business via an e-commerce in china, you cannot do so without explicit permission, license and partial Chinese equity share - for example https://developers.cloudflare.com/china-network/concepts/icp...
On the other hand, we have much more relaxed restrictions going the other way. Why not consider “fairness” from that perspective as well?
China doesn't pretend to be a democracy, so as they don't are nor pretend to be a democracy the rest of us should abandon democracy? Should be stop begin democratic because China isn't?
I’m not advocating that we abandon democracy. To use your argument the other way around, why should we treat china as a democracy as it doesn’t pretend to be one? They don’t allow our businesses to operate on an equal footing there, so why afford them easy access to our markets?
In the case of any foreign ownership of mass media, it is trivial to weaponize that platform to wage asymmetric war against a political adversary by driving division in between the population through lies, half truths, and selected context. That’s why the US has laws to ban foreign ownership of broadcast media outlets.
Huge creds to the EFF for speaking truth even when it is politically inconvenient (see comments here...)
This ban is infringing of IMO fundamental rights of individuals in US to share and use the TikTok app freely. That China is doing similar things to their citizens can't be an excuse.
Yeah I hate TikTok and its effect on society too and good riddance etc but this is a first for something very bad. We have to look at the larger picture.
I agree with the ban on security basis, but could this be abused by countries to sabotage companies? China could buy majority shares of a company and force them out of business.
I disagree with the EFF here too but I am so happy that there is a good faith well reasoned argument on the other side. This struggle is what makes democracy work.
Yeah this is a weird one where their m.o. on privacy/security are at odds with their first amendment side of things...sounds like the latter won out. I also disagree with them on this. This isn't something like net neutrality. It's one of many privately-owned social media platforms and one such with deeply privacy-invasive software that has adversarial foreign ties against the US.
There’s a simple, obvious and overwhelmingly popular solution to this problem that respects free speech and privacy. Unlike the current law, it wouldn’t blatantly violate the constitution by targeting a specific group:
Apply reasonable privacy and transparency rules to all social media platforms, regardless of ownership.
I’m not sure the EFF really needs to spell it out at this point.
The fact that only one app is being banned makes it pretty obvious that privacy concerns are orthogonal to the political shift this represents. The law was originally passed before the Gaza ceasefire, and the activism on the app relating to that issue was the specific example that was blamed on Chinese influence. The hypothesis was that teenagers would not know or care about US policy towards the conflict if a foreign communication service was not facilitating the spread of relevant information.
I’m not sure what order things go in, but I’d have thought national security concerns trump the need of its’ citizens to freely watch cat videos Those people publishing to TikTok were probably on Instagram and if they weren’t, they will be now if they want to reach the same American audience.
> I’d have thought national security concerns trump the need of its’ citizens to freely watch cat videos
You'd be wrong.
What value would a concept like the First Amendment have if it were voidable as easily as "we have national security concerns" or "the information on there isn't valuable." Given that those are pretty much the immediate go-to excuses for any autocrats clamp down on speech, such a right would be totally meaningless.
However forcing TikTok to divest of foreign ownership is not restricting the rights of Americans to express their opinions. Americans are free to widely exercise their first amendment rights- the TikTok order to divest foreign ownership doesn’t affect those users ability to speak. The first amendment does not guarantee you access to a specific platform- it means that the bar for the government to imprison you for speech is very high (you can be held in contempt for lying under oath, for example)
I would argue that in this case the platform itself is expressing speech by ranking, recommending and promoting certain content. A foreign entity has no such first amendment right- we have had restrictions on foreign ownership of news media for decades now.
I think it’s an interesting issue especially now that you have TikTok users who think they’re being treated unfairly moving to a pure Chinese platform RedNote and encountering actual censorship. https://amp.cnn.com/cnn/2025/01/16/tech/tiktok-refugees-redn....
I would disagree, the first amendment in fact does protect platforms for speech. If the government tried to ban the New York Times through an act of Congress, the Supreme Court would strike that down.
In this case, the fact that the platform is foreign and that the foreign owner is considered hostile to the US carves out an exception.
Banning foreign ownership of broadcast media companies is not new. It’s just that the laws have lagged the shift from broadcast linear mediums to the internet.
Source: the FCC specifically prohibits certain ownership of broadcast stations by foreign entities:
“Section 310(a) prohibits a foreign government or its representative from holding any radio license.
Section 310(b)(3) prohibits foreign individuals, governments, and corporations from owning more than twenty percent of the capital stock of a broadcast, common carrier, or aeronautical radio station licensee.”
TikTok is used for far more than cat videos which is why it's a considered a threat to those in power. There are freely flowing ideas and narratives which they cannot control - except now they are by restricting access to it.
Instagram doesn't have the same culture at all and it's not a substitute. TikTok is a like a digital "third space" for communities, and just like the real life equivilents, is slowly disappearing. People without community are easier to control.
Why shouldn’t TikTok just divest, then? Bytedance could make a huge amount of money by selling TikTok. And then that huge influx of money could keep TikTok operating forever. The fact that they’d rather shut down is pretty telling.
TikTok is outcompeting its US rivals Instagram Reels and YouTube Shorts because their algorithm for choosing which videos to put in front of users is simply superior. Divesting means that they would need to sell that algorithm as well, which is pretty obviously worth a lot more than their US market, which is why they're making this decision.
Extremely weak argument. Just because one platform is shut down does not mean the right to free speech is affected. A platform, mind you, under full control by the Chinese Communist Party, who do not allow ANY form of free speech to exist in the country they have under their thumb.
So we know the real reason why the government banned Tiktok [1]:
> [Manufacturing Consent] argues that the mass communication media of the U.S. "are effective and powerful ideological institutions that carry out a system-supportive propaganda function, by reliance on market forces, internalized assumptions, and self-censorship, and without overt coercion", by means of the propaganda model of communication.
Tiktok doesn't push government propaganda to the same degree as Meta and Google.
But whoever pushed for this was smart enough to avoid making it about speech ("content-neutral" in legal parlance). It's strictly commerce-based and there's lots of precedent for denying access to the US market based on ownership. For a long time, possibly still to this day, foreign ownership of media outlets (particularly TV stations and newspapers) was heavily restricted. And that's a good analogy for what happened here.
What I hope happens is people wake up to the manipulation of what you see by US companies.
There's a bigger picture in the question of precedent and risks created by the infrastructure to ban a platform like this.
Unfortunately it seems the powers that be are dead set on pursuing destruction of not just specific competitors but, eventually, the entire notion of constructive competition and its win-win outcomes provided the right safety nets.
> Shutting down communications platforms or forcing their reorganization based on concerns of foreign propaganda and anti-national manipulation is an eminently anti-democratic tactic, one that the US has previously condemned globally.
These platforms are fundamentally anti-democratic in their very nature, increasingly so in the age of LLMs. They're places where people buy a voice and the illusion of support by astroturfing the platform and/or manipulating the algorithm (either through paid advertisements or by owning a platform and controlling the algorithm outright). They're places where a small minority of people can become an unstoppable movement that seems to have real support, sucking gullible voters in to join the growing "consensus".
In short, these platforms are places for manufacturing consent. The only sense in which banning one is anti-democratic is that it's selectively applied to tiktok instead of to all such platforms.
Ironically this is exactly why I think TikTok is so important. Obviously every media site is used for manufacturing content, from NYT to Facebook. Also, obviously the US government has a say in what gets published and promoted. Wouldn't it be good then to have checks and balances to this, by having media not under the US government supervision?
Unless are you suggesting that the US government doesn't misinform the public in harmful ways?
> obviously the US government has a say in what gets published and promoted
That's not at all obvious to me. On what grounds, moral or legal, should the US government tell anyone what to publish or promote?
My reading of that portion is as a matter of fact statement, not an assertion of what is ethically righteous
You are glancing over the fact that American media platforms are not really controlled by the US government except for legal restrictions on hate speech and violence, and that there is an extremely diverse set of voices that can be heard on the 'American' (or rather non-Chinese) internet.
It is also not clear to me how TikTok is supposed to provide better "checks and balances" just because it is owned and manipulated by the Chinese Communist Party.
>You are glancing over the fact that American media platforms are not really controlled by the US government except for legal restrictions on hate speech and violence, and that there is an extremely diverse set of voices that can be heard on the 'American' (or rather non-Chinese) internet.
Think Binney, Snowden, Assange would probably disagree with you.
> You are glancing over the fact that American media platforms are not really controlled by the US government except for legal restrictions on hate speech and violence, and that there is an extremely diverse set of voices that can be heard on the 'American' (or rather non-Chinese) internet.
That's how it's supposed to work in the US. For example, "hate speech" isn't actually one of the things the government is allowed to prohibit under the First Amendment.
But then the government passed a whole bunch of laws they don't actually enforce, and then instead of actually enforcing them, they started threatening to enforce them if platforms didn't start censoring the stuff the government wanted them to, i.e. "take that stuff down or we'll charge you with the antitrust violations you're already committing".
This is basically an end-run around the constitution for free speech in the same way as parallel construction is for illegal searches and the courts should put a stop to it, but they haven't yet and it's not clear if or when they will, so it's still a problem.
> It is also not clear to me how TikTok is supposed to provide better "checks and balances" just because it is owned and manipulated by the Chinese Communist Party.
Suppose you have one platform that censors criticism of the current US administration and another platform that censors videos of Tienanmen. This is better than only having one of those things, because you can then get the first one from the second one and vice versa.
Is Tiktok genuinely manipulated by the CCP? I could never quite tell if that was merely scaremongering and hypothesising by American politicians, or based on evidence of past transgressions.
I can't speak for Tiktok, but the CCP did explicitly shut down Bytedance's very popular Neihuan Duanzi humor app, and put pressure on them to change the Toutiao algorithm because it was promoting inappropriate content. It's not much of a leap to think that by the time Douyin started getting popular Bytedance had learned their lesson and would proactively moderate their platforms to stay well within the party lines. In theory Tiktok should be independent of that since it targets foreign users, but in practice any media product coming out of a Chinese-owned company is going to be influenced whether explicitly or incidentally by CCP policy.
Of course Americans have the freedom to access thousands of other media outlets not influenced by the CCP, so it seems pretty silly to just restrict this one.
There is good evidence that topics the CCP does not like are significantly underrepresented compared to other social media platforms.
I would add that if you know the CCP you would be extremely surprised if they did not take such an opportunity for information warfare.
[delayed]
> They're places where people buy a voice and the illusion of support by astroturfing the platform and/or manipulating the algorithm (either through paid advertisements or by owning a platform and controlling the algorithm outright)
Anyone willing to take a good-faith stab at why this couldn't equally well be a description of traditional media too - say - the WaPo?
The Washington Post has changed considerably in the last few months, specifically from being fiercely free to being bought.
> couldn't
Hypothetically, almost anything could happen.
It's a shame that this is true for many platforms. Social media platforms have the potential to be incredibly democratic. The more people watch content the more it's shown to other people. Anyone's voice could be amplified in a way that was limited to broadcast networking and printing presses in the past. A million small conversations can occur in such a way that they create a chorus of discussion about public interests. Now it seems like most platforms seem to be thinly veiled psyops hoping to trade quick dopamine for mindshare.
> Social media platforms have the potential to be incredibly democratic.
> Now it seems like most platforms seem to be thinly veiled psyops hoping to trade quick dopamine for mindshare.
It's a matter of incentives. The profit motive is fundamentally opposed to a low-intervention platform for democratic communication. For a brief period we had some social media platforms that made gestures in the direction of free communication. Then the investor capital came rolling in, and they were expected to increase revenue. How do you increase revenue of your free communication platform? You sell the messaging. Call it promotion, advertising, whatever. The only thing of value you have at your disposal are people's eyeball, you're going to sell what they see. You could ask your users to pay for the service... but then 80% of them will flake to a rival service that's still free. If there's a way to marry the profit motive and a truly democratic social media platform then our best and brightest have yet to find it. I suspect it doesn't exist.
> Now it seems like most platforms seem to be thinly veiled psyops hoping to trade quick dopamine for mindshare.
The first step to reform would be to persuade legacy media to stop reporting the opinions trending on X/Twitter as "news". Stop reporting it entirely, it's manipulated, at best unverified, rubbish.
That would require legacy reporters to get out on the streets and do some reporting.
Can you imagine, holding public servants (a president for example) accountable for their statements… practically unheard of in the last decade…
This is part of why I think there should exist a popular real-name-only network. It'd go far to prevent these types of attacks on the megaphone.
Isn’t that what Facebook is supposed to provide? From anecdotal evidence, people are happy to engage in vitriol online that they would never do face to face, real name or not.
Heck I’ve seen some nastiness on LinkedIn with people’s government name and employer right next to it.
Real names don’t do much to prevent online assholery.
There's a better way: privacy laws. The US government decided not to use it.
Privacy laws don't solve the real problem, they would only solve the fig leaf that politicians are hiding behind when it comes to tiktok.
The actual problem is and always has been control over the content being fed to users. It's not an issue of privacy, it's an issue of voter manipulation. It's just that the US has decided that it's okay with its own plutocrats manipulating voters while it's not okay with the CCP doing so.
On the one hand that's a very rational position for people who owe their election to algorithmic voter manipulation to take, but that doesn't really make it better ethically.
> It's just that the US has decided that it's okay with its own plutocrats manipulating voters while it's not okay with the CCP doing so.
I think it's more likely that it's able to pass muster when the threat is a foreign state. The US may be more limited in what it can do with it's own entities (I don't know for sure) and would probably receive far more push back from the courts if they tried heavy handed measures before going through the proper legislation regulation (as states are doing) or the FBI route(if it were in their realm of bad). The threat that is more concerning than US owned and operated companies getting US citizens to vote for their prefered US president, is a foreign state slowly radicalizing US citizens(without their knowledge it's happening) against themselves (the US), more than voter manipulation.
The voting algorithm needs to change so that destructive (negative) campaigning is not so effective.
Duverger's law makes campaigns devolve into undermining and destroying the competition, with the two parties hosting primaries to see which of them can "turn the wheel" the hardest before the general election where they claim "don't worry I won't crash the car!" despite their prior incentives.
If we used plurality voting for the inputs to a decision problem that follows the classic tragedy of the commons, we'd see a similar result. If instead of just {+1, +0, +0, ...} without repeats, we instead voted with {+1, +0.5, -0.5, 0, 0, ...} cooperation (or at least constructive competitive frameworks) would at least be at parity with destructive and potentially mutually destructive competition.
>The voting algorithm needs to change so that destructive (negative) campaigning is not so effective.
No algorithm is going to fix this, it's human nature. Negative campaigning has been a constant of elections since elections were invented. At best you can tamp down on the aggressive engagement feedback loops. We should probably do that, but it's good to stay realistic about outcomes.
error_logic was referring to the "Voting system" meaning the way we elect politicians: plurality voting vs. ranked choice/approval voting. Not an algorithm in the social media feed sense.
Other voting systems do promote less negativity, among many other benefits such as giving us real choice and a true multiparty system.
The solution for the other half of the problem is anti-trust divestment of client apps from hosted services. Let TikTok (and Faceboot, and so on) keep their own assortments of services. But the mobile and web apps should be spun out into different companies, only communicating with openly documented APIs that are available for every other developer/user.
This won't solve the issue with propaganda that still manages to be compelling in the court of public opinion, but it will at least level the playing field rather than having such topics inescapably amplified for "engagement" and whatnot. There's definitely a mechanic of people realizing specific social media apps make them feel bad, but as of right now it is extremely hard to switch to an alternative due to the anticompetitive bundling of client presentation software (including "the algorithm") with hosted services (intrinsic Metcalfe's law attractors).
This doesn't make any technical sense. The key part of what is at issue with TikTok and other social media companies is editorial control over the ranking algorithm. The ranking algorithm is not done on the client, and I don't see how it can be.
And even if you could do it somehow, that is in direct conflict with the other main complaint people have about social media apps ("selling your data"). FB had an API that they opened up to some degree, then Cambridge Analytica happened.
Discovery algorithms are part of client presentation and should be under control of the client, regardless of beign commonly done where the database lives.
From the technical perspective, for things where your view is limited to friends that is straightforward to do on the client. Global discovery using metadata can be done using deterministic searching which condenses the view of the database enough that the client can then rank those results however it'd like. And global discovery from a pure firehose is likely even within the reach of a modern personal computer.
As far as apps taking a copy of data, the first obvious control is that its only apps you choose which have access to your data. And for the general problem, that is the point of privacy legislation - which was taken as a given by the comment I was responding to.
There's a good argument for separating content from discovery. Originally, Google was pure discovery - all you got was the page's link and maybe a line of description. If antitrust law was used to separate discovery from content, transmission, and aggregation, Google would be forced back into their original niche. They'd be a much smaller company, of course.
> These platforms are fundamentally anti-democratic in their very nature
The US Gov has a mandate to preserve and uphold democracy. Shuttering communication is prior restraint - an anti-democratic action.
Platforms have no mandate to preserve and uphold democracy.
Restricting who can own what, however… that’s long been fair game.
In my dream world we’d get something like the rules we had, until fairly recently, restricting max broadcast media audience control in a given market for a single owner, but for Web platforms. Don’t like being limited to five million users or whatever? Then use a standard that puts control over curation and presentation in the hands of the user. Want to control all that, like all these awful platforms do? Then live with the limit.
You're presuming that these are communication platforms. I argue that they aren't—to the extent that they are useful for communication it's a pure coincidence, not a design choice.
Each of these platforms is fundamentally a propaganda platform—they're explicitly designed to manipulate people into buying stuff, and that capability is frequently turned to voter manipulation. The US government has decided that while US-based billionaires having access to such influence is fine and dandy, the CCP should not. So tiktok must be sold to a US owner.
"Forcing" people to be "free".
If you want peace, you better prepare for war.
It is forbidden to forbid.
The necessary evil.
All that to say, we live in a complicated world, and beautiful ideals are only a direction to keep, never to be reached.
The state is under no obligation to allow known foreign propagandists attached to a known communist party to engage in activities well outside the protections of the first amendment.
Of course, they don't HAVE to shutter. They can sell their interest in Tiktok and stay open. They have chosen not to do that thus far, and hence they have chosen to shutter.
I mean, so are newspapers, but you don't want to ban those either.
(I don't like TikTok and I agree it is damaging, but this is just reasoning I can't get behind)
>The only sense in which banning one is anti-democratic is that it's selectively applied to tiktok instead of to all such platforms.
This logic applies to all media publications, not just internet platforms in the United States. When people say "anti-democratic" in the US I'm pretty certain they take it to mean "the government interfering in the speech of a private entity", not failing to uphold the principle of "1 tweet, 1 impression".
Every newspaper, television station, blog post, what have you consists of a small minority of people both creating and selling reach in unequal ways. If it is anti-democratic and therefore presumably not tolerated for a small minority to exercise or sell speech, then that's just equivalent to saying no private media enterprise should exist.
Needlessly to say the only person who can make this claim with a straight face is Noam Chomsky because he's been saying that about everyone for 50 years, but this is obviously not a position held by anyone currently trying to ban TikTok
There's a major difference with the modern social media platforms, which is that the way in which they manufacture consent gives the illusion of popular consensus. That illusion makes them much more powerful than anything that came before, to the point where they are different in kind, not just in degree.
When a mainstream media outlet takes a position, most people are able to distinguish between that outlet's position and a large social movement in favor of a particular political position. The same cannot be said for these platforms, which by design attempt to make you feel like you're interacting with a large number of real people who hold real opinions. They much more effectively become seen as peers, and from that position can much more effectively manipulate people.
The role of "influencer" is a thousand times more potent than anything that we had in the previous era, and that's without even getting into the possibility of creating hundreds of AI-powered sock puppets or of deliberately constructing an algorithm to put specific people into specific types of echo chambers.
At this point in the game, the only way to equate speech-by-corporations with democracy is to be willfully blind to this difference in kind. The very rich at this point don't just have a megaphone, they have a direct neural link into an enormous number of brains. That's not free speech, that's free votes.
I hate advertising too, but I'd be troubled if it were banned.
Holy crap
You just exposed(or explained) what Hillary Clinton did using Facebook in Egypt and Tunisia (and HongKong, and others)
Funny it's called democratic in old days, now it's anti-democratic
I mean, at least people not using TikTok as the platform to scheme any violent revolutions, not like what happened in mentioned regions
Or, is this exactly what the US gov fears about TikTok?
This is nothing new. Google's instrumental role in the "Arab Spring" is old hat by now.
>They're places where a small minority of people can become an unstoppable movement that seems to have real support
All other social media platforms are places where a small minority of people silence dissent of what international experts have classed as a genocide, perpetuated by leaders who are wanted by the International Criminal Court for war crimes. TikTok is the only platform that allowed footage of this genocide to be spread, so that small minority had to do everything in their power to shut it down.
>In short, these platforms are places for manufacturing consent
These platforms are much less subject to manufactured consent than the traditional news media, which was controlled by a small number of entities aligned with the elites of the day. Decentralised information transmission is fundamentally better for the people than centralised information transmission controlled by a few gatekeepers who suppress anything not in their interests.
Look at how homogenous in views the baby boomers are relatively to the younger generations, as evidence of how much more effective at manufacturing consent the traditional media are.
In a trade war any company is fair game. A trade war thus naturally reaches across multiple values that a nation may hold, bringing them simultaneously under tension. Free speech is just a coincidence to the nature of TikTok, but what about cars, drones, phones, or even soybeans?
When values are in conflict, which should win? In the hierarchy of values, where does economic world position stand in terms of national concerns?
What? You're musing that a fucking trade war could possibly be placed above freedom of speech? The answer of which "values" should win is 110% clear.
Just out of curiosity, do you think the 2nd amendment obligates the USA to sell foreign enemies any and all weapons?
The First Amendment obligates the US government to permit Americans to read non-American books, because it protects reading and writing symmetrically. The Second Amendment is not symmetric in the same way. It does not encompass a "right to be shot (by someone else)", in the way the First encompasses a "right to receive communications (sent by someone else)".
("To suppress free speech is a double wrong. It violates the rights of the hearer as well as those of the speaker.")
A former sausage maker here. I (used to) design these engagement/recommendation engines for a large corp, did academic research in the field, went to conferences, etc.
In general, I wholehearted support the freedom of speech, and if it were any other case, I would agree with the EFF statement here. However, knowing how the sausages are made, I am reluctantly agreeing with the ban, at least for now.
People underestimate how powerful these tools can be. Based on simple, readily available "anonymous" data, we can already impute your demographics data -- age, gender, family relations, occupation, income, etc -- using a decade-old ML techniques. In some cases, we can detect which stage of your emotional journey you are in and nudge you towards our target state. What surprised me about Cambridge Analytica was its ineffectiveness, at least as reported. There are plenty of teams out there that use these techniques to greatly further their gains, whatever those may be.
In Primakov doctrine, information warfare through sowing discontent and/or eroding psychological well-being is very much real and actualizable. I am not claiming that a foreign government is currently single-handedly controlling TikTok to brainwash the American youth; we do not have conclusive proof of that. However, the fact that such a tool is in a foreign country's arsenal is itself a massive danger to America's national security.
It’s funny how they’re shutting down TikTok because it’s “manipulative and anti-democratic” while that’s a core trait of every algorithmic/engagement social media. Twitter and Threads should be banned as well then.
If the government can’t ban a business entity then doesn’t that say something about control? We have an app controlled by a communist dictatorship. They can keep the app running by selling it, but they won’t.
What’s perplexing to me is leftists love how companies in America can be forced to sell and broken if they are declared monopolies. But if an app is declared an agent of foreign powers suddenly forcing a sale is wrong? It makes me feel even more certain that HN is astroturfed by Chinese bots because who cares
> if an app is declared an agent of foreign powers
I suspect that people pattern-match this declaration to McCarthyism (arguably not unfairly). Same goes with Biden's recent decision to block the sale of US Steel to Nippon on extremely shaky grounds of national security.
Your last statement is a pretty silly generalization, and I don't think you need to bring in left/right extremes into this. For a lot of folks this is more about precedent on being able to ban anything the current establishment disagrees with, which has its own merits, even if you want to say that it's strictly being done because China controls it, which is not 100% of the reason why.
I despise communism myself, as my country went through 45 years of it. I agree with TikTok being forced to sell, and I'd like to see all social media sites offer more transparency mechanisms to NGOs and government agencies to show how their algorithms really work to have some watchdog be able to check if what we're seeing is heavily manipulated, especially during election years.
Given that the decision is unanimous just maybe it is in alignment with the constitution. If Clarence Thomas and Ketanji Jackson agree on something, that's some kind of signal.
Signal of belief in an excessively strong state?
Clarence Thomas is not actually conservative in the small government sense.
Neil Gorsuch is though and he signed on too. He even said that while he thought the government had to prove a higher standard than the opinion required, it didn’t matter to the decision because the government in his mind had met that even higher standard anyway.
The commerce clause has been used since the founding of the country for this sort of thing. I never saw a way for it to be called unconstitutional.
For most of US history people's access to information was controlled by a few powerful news/media corporations and the Supreme Court did nothing to stop that. It's no surprise that when we finally get a decentralised information transmission system not beholden to the elites, the Supreme Court doesn't want to lend it a hand.
Wait, since when is TikTok decentralised?
Social media algorithms are nuclear bombs for the mind. And they are beholden to whoever holds the detonator. It just happens that a lot of people are happy with China holding it.
When the mind-reading algorithm provides each user with their own reality to live in, then we are talking about editorializing. And allowing a communist, anti-Western government direct control over that power does not seem reasonable.
inb4 "better than my own government" - great, we agree that social media algorithms are a net negative to all society.
Communications is great. Video is great. Social media algorithms controlled by rage-inducing profit seekers and governments is not great.
> rage-inducing profit seekers
That pretty accurately describes Twitter and Facebook these days. TikTok, not so much, which you would know if you had used the platform. (Or, you have used the platform, and you prefer rage-inducing crap, so it continues serving that to you)
The proponents of the ban keep mentioning some kind of nefarious "communist" propaganda, and some kind of nefarious privacy data access, but I've yet to see someone show concrete examples of what that would look like.
My TikTok feed contains a ton of funny cat videos, Europeans shitting on clueless American tourists, OF models hawking themselves, the ubiquitous dance videos, people making caricature cringe videos, and a bunch of viral meme videos. And a lady drinking Costco peach juice.
Where's the propaganda? Not in my feed, that's for sure.
Where's the rage-inducing bait? Not in my feed, that's for sure.
What privacy data can the nefarious CCP access about me? That I like cat videos and memes?
> “which would’ve led to the inescapable conclusion … had to be rejected as infringing … free speech”
When the EFF sounds about as sane as a sovereign citizen…
With friends like these, who needs enemies…
I worked at EFF for twenty years, and every iteration or incarnation of EFF would have said that it should be extraordinarily difficult for the government to prevent Americans from using foreign web sites or software. And that it should be extraordinarily difficult for the government to compel tech intermediaries to help block foreign sites or software. This would have been a bog-standard EFF position for the organization's entire existence.
(I would say something even stronger than "extraordinarily difficult", but then I'd be on thinner ice.)
It required specific legislation to ban TikTok. I would say that's pretty extraordinary. I think even the EFF should admit that allowing the Chinese government to control a major American social media app is an unacceptable security risk.
It's amazing that all three arms of the government can come together so quickly to ban an app, but we can't have affordable housing, public healthcare, a higher minimum wage, or send kids to school without bulletproof backpacks.
Not only did it require specific legislation, but it had the near unanimous support of all 3 branches of the government (if you exclude the shifts in presidential opinion)
The second paragraph of the EFF statement says the ban provides insufficient protection of US security.
> The United States’ foreign foes easily can steal, scrape, or buy Americans’ data by countless other means.
True, but that's not the point.
> Shutting down communications platforms or forcing their reorganization based on concerns of foreign propaganda and anti-national manipulation is an eminently anti-democratic tactic, one that the US has previously condemned globally.
Sorry, that might've been true for old media, but social media is way more insidious.
> The United States’ foreign foes easily can steal, scrape, or buy Americans’ data by countless other means.
Yes, all they have to do is sign up for the usual services advertisers use.
It is hard to love the notion that banning a third party’s app is infringing upon my own right to free speech. If it were a ban on the Internet then that seems to make more sense. It’s analogous to a ban on paper, pens, or bullhorns. I can be sympathetic to the idea that, for some people, one particular proprietary app is their main tool for expression, even if that’s hardly ideal.
A ban on routers made by a specific foreign company — when the government knows full well the Internet can’t work without them — feels like a more likely scenario. When Huawei equipment bans were in the news, were there similar First Amendment arguments about that, too?
if youtube was being banned instead for the same reason (pretend it was owned by ByteDance), would you feel the same way? what about any other website/platform that you like?
what if this was YOUR business getting banned?
What’s interesting about this argument is that the playing field is highly asymmetric between the us and china. China explicitly firewalls out large amounts of the internet from its population. If you want to do business via an e-commerce in china, you cannot do so without explicit permission, license and partial Chinese equity share - for example https://developers.cloudflare.com/china-network/concepts/icp...
On the other hand, we have much more relaxed restrictions going the other way. Why not consider “fairness” from that perspective as well?
China doesn't pretend to be a democracy, so as they don't are nor pretend to be a democracy the rest of us should abandon democracy? Should be stop begin democratic because China isn't?
I’m not advocating that we abandon democracy. To use your argument the other way around, why should we treat china as a democracy as it doesn’t pretend to be one? They don’t allow our businesses to operate on an equal footing there, so why afford them easy access to our markets?
In the case of any foreign ownership of mass media, it is trivial to weaponize that platform to wage asymmetric war against a political adversary by driving division in between the population through lies, half truths, and selected context. That’s why the US has laws to ban foreign ownership of broadcast media outlets.
China absolutely does pretend to be a democracy. They call it a "whole-process democracy".
Huge creds to the EFF for speaking truth even when it is politically inconvenient (see comments here...)
This ban is infringing of IMO fundamental rights of individuals in US to share and use the TikTok app freely. That China is doing similar things to their citizens can't be an excuse.
Yeah I hate TikTok and its effect on society too and good riddance etc but this is a first for something very bad. We have to look at the larger picture.
I agree with the ban on security basis, but could this be abused by countries to sabotage companies? China could buy majority shares of a company and force them out of business.
The company would have to be specifically added by the President to a list which currently is just ByteDance, it doesn't kick in automatically.
We've just seen an example of the US blocking a sale on national security grounds -- we can block sales to China, too: https://www.nytimes.com/2025/01/03/us/politics/us-steel-nipp...
I don't often disagree with the EFF. Strange times.
I disagree with the EFF here too but I am so happy that there is a good faith well reasoned argument on the other side. This struggle is what makes democracy work.
Yeah this is a weird one where their m.o. on privacy/security are at odds with their first amendment side of things...sounds like the latter won out. I also disagree with them on this. This isn't something like net neutrality. It's one of many privately-owned social media platforms and one such with deeply privacy-invasive software that has adversarial foreign ties against the US.
There’s a simple, obvious and overwhelmingly popular solution to this problem that respects free speech and privacy. Unlike the current law, it wouldn’t blatantly violate the constitution by targeting a specific group:
Apply reasonable privacy and transparency rules to all social media platforms, regardless of ownership.
I’m not sure the EFF really needs to spell it out at this point.
Yeah the reasonable privacy and transparency rule here is "don't be an arm of the PRC." It applies to all social media platforms.
Adding: commenter @schoen's above comment is making me second guess myself on this. I'm pretty torn.
The fact that only one app is being banned makes it pretty obvious that privacy concerns are orthogonal to the political shift this represents. The law was originally passed before the Gaza ceasefire, and the activism on the app relating to that issue was the specific example that was blamed on Chinese influence. The hypothesis was that teenagers would not know or care about US policy towards the conflict if a foreign communication service was not facilitating the spread of relevant information.
I think they're too naive wrt to "good guys always follow the rules" stuff
It's the kind of naivety that gets your lunch money taken at school
I’m not sure what order things go in, but I’d have thought national security concerns trump the need of its’ citizens to freely watch cat videos Those people publishing to TikTok were probably on Instagram and if they weren’t, they will be now if they want to reach the same American audience.
> I’d have thought national security concerns trump the need of its’ citizens to freely watch cat videos
You'd be wrong.
What value would a concept like the First Amendment have if it were voidable as easily as "we have national security concerns" or "the information on there isn't valuable." Given that those are pretty much the immediate go-to excuses for any autocrats clamp down on speech, such a right would be totally meaningless.
However forcing TikTok to divest of foreign ownership is not restricting the rights of Americans to express their opinions. Americans are free to widely exercise their first amendment rights- the TikTok order to divest foreign ownership doesn’t affect those users ability to speak. The first amendment does not guarantee you access to a specific platform- it means that the bar for the government to imprison you for speech is very high (you can be held in contempt for lying under oath, for example)
I would argue that in this case the platform itself is expressing speech by ranking, recommending and promoting certain content. A foreign entity has no such first amendment right- we have had restrictions on foreign ownership of news media for decades now.
I think it’s an interesting issue especially now that you have TikTok users who think they’re being treated unfairly moving to a pure Chinese platform RedNote and encountering actual censorship. https://amp.cnn.com/cnn/2025/01/16/tech/tiktok-refugees-redn....
And now unconfirmed reports that RedNote is considering segregating the new American users from the Chinese users, ironically so Americans couldn’t influence Chinese users - https://arstechnica.com/tech-policy/2025/01/rednote-may-wall...
I would disagree, the first amendment in fact does protect platforms for speech. If the government tried to ban the New York Times through an act of Congress, the Supreme Court would strike that down.
In this case, the fact that the platform is foreign and that the foreign owner is considered hostile to the US carves out an exception.
Banning foreign ownership of broadcast media companies is not new. It’s just that the laws have lagged the shift from broadcast linear mediums to the internet.
Source: the FCC specifically prohibits certain ownership of broadcast stations by foreign entities:
“Section 310(a) prohibits a foreign government or its representative from holding any radio license.
Section 310(b)(3) prohibits foreign individuals, governments, and corporations from owning more than twenty percent of the capital stock of a broadcast, common carrier, or aeronautical radio station licensee.”
https://www.fcc.gov/general/foreign-ownership-rules-and-poli...
TikTok is used for far more than cat videos which is why it's a considered a threat to those in power. There are freely flowing ideas and narratives which they cannot control - except now they are by restricting access to it.
Instagram doesn't have the same culture at all and it's not a substitute. TikTok is a like a digital "third space" for communities, and just like the real life equivilents, is slowly disappearing. People without community are easier to control.
Why shouldn’t TikTok just divest, then? Bytedance could make a huge amount of money by selling TikTok. And then that huge influx of money could keep TikTok operating forever. The fact that they’d rather shut down is pretty telling.
TikTok is outcompeting its US rivals Instagram Reels and YouTube Shorts because their algorithm for choosing which videos to put in front of users is simply superior. Divesting means that they would need to sell that algorithm as well, which is pretty obviously worth a lot more than their US market, which is why they're making this decision.
Extremely weak argument. Just because one platform is shut down does not mean the right to free speech is affected. A platform, mind you, under full control by the Chinese Communist Party, who do not allow ANY form of free speech to exist in the country they have under their thumb.
So we know the real reason why the government banned Tiktok [1]:
> [Manufacturing Consent] argues that the mass communication media of the U.S. "are effective and powerful ideological institutions that carry out a system-supportive propaganda function, by reliance on market forces, internalized assumptions, and self-censorship, and without overt coercion", by means of the propaganda model of communication.
Tiktok doesn't push government propaganda to the same degree as Meta and Google.
But whoever pushed for this was smart enough to avoid making it about speech ("content-neutral" in legal parlance). It's strictly commerce-based and there's lots of precedent for denying access to the US market based on ownership. For a long time, possibly still to this day, foreign ownership of media outlets (particularly TV stations and newspapers) was heavily restricted. And that's a good analogy for what happened here.
What I hope happens is people wake up to the manipulation of what you see by US companies.
[1]: https://en.wikipedia.org/wiki/Manufacturing_Consent
> Tiktok doesn't push government propaganda to the same degree as Meta and Google.
Do you have a source for this claim?
Never expected to see the EFF siding with a big tech company, and fighting for its right to profit from its users.
Never expected to see the EFF dismiss an argument for user's data privacy as "shaky".
Quite disappointed honestly.
There's a bigger picture in the question of precedent and risks created by the infrastructure to ban a platform like this.
Unfortunately it seems the powers that be are dead set on pursuing destruction of not just specific competitors but, eventually, the entire notion of constructive competition and its win-win outcomes provided the right safety nets.
>Never expected to see the EFF siding with a big tech company, and fighting for its right to profit from its users.
The EFF routinely sides with big tech companies. See their work on copyrights, patents, etc. Tech figures fund them. See https://thebaffler.com/salvos/all-effd-up-levine
I was saying the same thing when they decided to take down Silk Road /s