enforcement is up to the ag, so yea. they could just ‘ignore’ the law.
the only thing the ‘president’ can do is extend the deadline by 90 days given evidence that the company is closing-in on a deal.
with scotus out of the way, ruling in favor of trump’s initial desires, and that which subsequently passed through congress; it is now up to congress to undo the legislation if they so choose.
Not sure that is true though. When I read the law it specifies that the President can choose to block ANY foreign owned social media site that they (as in the president) deems a national security threat. So Trump could in theory say ban RedNote tomorrow and it legally would have to be done. That said… he may be able to just say “bytedance is not considered a national security threat at this time” and that may be enough to let TikTok continue to be in the U.S.
I’d have to read it again to confirm
Edit: nah ByteDance got targeted hard, no dodging that.
DIVISION H-- PROTECTING AMERICANS FROM FOREIGN ADVERSARY CONTROLLED APPLICATIONS ACT
Protecting Americans from Foreign Adversary Controlled Applications Act
(Sec. 2) This division prohibits distributing, maintaining, updating, or providing internet hosting services for a foreign adversary controlled application (e.g., TikTok). However, the prohibition does not apply to a covered application that executes a qualified divestiture as determined by the President.
Under the division, a foreign adversary controlled application is an application directly or indirectly operated by (1) ByteDance, Ltd., TikTok, their subsidiaries, successors, related entities they control, or entities controlled by a foreign adversary country; or (2) a social media company that is controlled by a foreign adversary country and determined by the President to present a significant threat to national security. (Here, a social media company excludes any website or application primarily used to post product reviews, business reviews, or travel information and reviews.)
enforcement is up to the ag, so yea. they could just ‘ignore’ the law.
In practice, there’s no real mechanism to force it (especially if Congress is unwilling to impeach & convict). But legally speaking, the Take Care clause of the constitution obligates the President (through his executive) to enforce all laws passed by Congress. Ignoring it would be unconstitutional.
enforcement is up to the ag, so yea. they could just ‘ignore’ the law.
the only thing the ‘president’ can do is extend the deadline by 90 days given evidence that the company is closing-in on a deal.
with scotus out of the way, ruling in favor of trump’s initial desires, and that which subsequently passed through congress; it is now up to congress to undo the legislation if they so choose.
Not sure that is true though. When I read the law it specifies that the President can choose to block ANY foreign owned social media site that they (as in the president) deems a national security threat. So Trump could in theory say ban RedNote tomorrow and it legally would have to be done. That said… he may be able to just say “bytedance is not considered a national security threat at this time” and that may be enough to let TikTok continue to be in the U.S.
I’d have to read it again to confirm
Edit: nah ByteDance got targeted hard, no dodging that.
DIVISION H-- PROTECTING AMERICANS FROM FOREIGN ADVERSARY CONTROLLED APPLICATIONS ACT
Protecting Americans from Foreign Adversary Controlled Applications Act
(Sec. 2) This division prohibits distributing, maintaining, updating, or providing internet hosting services for a foreign adversary controlled application (e.g., TikTok). However, the prohibition does not apply to a covered application that executes a qualified divestiture as determined by the President.
Under the division, a foreign adversary controlled application is an application directly or indirectly operated by (1) ByteDance, Ltd., TikTok, their subsidiaries, successors, related entities they control, or entities controlled by a foreign adversary country; or (2) a social media company that is controlled by a foreign adversary country and determined by the President to present a significant threat to national security. (Here, a social media company excludes any website or application primarily used to post product reviews, business reviews, or travel information and reviews.)
In practice, there’s no real mechanism to force it (especially if Congress is unwilling to impeach & convict). But legally speaking, the Take Care clause of the constitution obligates the President (through his executive) to enforce all laws passed by Congress. Ignoring it would be unconstitutional.