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Trump against Tiktok: U.S. judge has concerns
The arguments of the judge that put the exile of the App Tiktok from US App Stores on the ice, mountains, bad news for Donald Trump. He sees the sanctions against Tiktok is not the law covered the roll in the US government as a legal basis.
U.S. President Donald Trump launches his offensive against the Video App Tiktok on legal boundaries.
A US judge in Washington to question the legal Basis for the sanctions. This was the Central reason for this is that he was suspended at the last Moment, the Download stop in the United States by injunction.
Tiktok is part of the Chinese group byte dance. Trump referred to the App as a security risk, because the Chinese authorities could come about you to data of U.S. citizens. He put two, to Adopt the Basis for the of Tiktok in the United States. The Ministry of trade to set them with concrete arrangements.
Trump relied on a law that a President broad emergency powers in the event of extraordinary risks from foreign grants. The hook, however, is that of importation and exportation of information or informational materials, as well as personal communication without the Transfer of tangible personal values. Tiktok argued that the service case in these categories and the judges in Washington found that after analysis of the statutory requirements in a convincing way.
The US government had tried to pass the exception out of the way, she said formally, only business transactions. So, for example, in the case of the Download stops, the provision of infrastructure, make the application in App Stores available to. So that there is neither a direct prohibition, the exchange of information, still a action against the user, stressed the government’s side.
The judge, Carl Nichols countered, however, that you would thus regulate indirectly though the flow of information. In addition, the App exist primarily for the exchange of the exception-protected content and should not be considered separately.
The government is criticized, such a reading a-in wardrobes, the possibilities of the President, for example, to combat a foreign country take control of data. “The Congress may not have wanted that.” The judge responded, to the Argument that something was off, especially since opponents of the United States in the case of data and information services to be very active. “But it is not substantiated by the text of the law”.
From the judge’s decision also shows that the government had used the law against espionage to help. This, in turn, allows the procedure against the information offers”, so to speak, as an exception to the exception”, as the judge pointed out. However, it is a matter of processes in which the death penalty or life imprisonment are provided for the disclosure of military secrets of the USA. It was “not plausible” that the Videos, photos and even personal information shared by the users in the case of Tiktok, under the espionage act fell, noted Nichols.
The judge was first of all only the Download stop the the US users to feel on Monday should get. Against the second step of sanctions, in which the App after the 12. November will not work in the USA, not before he went. It should be decided later.
The App would have disappeared without the injunction from the U.S. App Stores of Apple and Google. Users already have on their Smartphones, would have the same access as before on Tiktok. You could download the App but then new.
The location on the Tiktok as a whole remains unclear. Trump had already announced that he had approved a fundamental Deal that would secure the continued existence of Tiktok in the United States by the entry of the American companies Oracle and Walmart. However, since there was conflicting information as to whether the new US Partner or byte dance the majority of the global Tiktok-to keep business – and the conclusion of a final agreement is delayed further and further.