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posted ago by vanillabluesea ago by vanillabluesea +11 / -0

There's a post here on this board reporting that "A Reddit mod removed a (Reddit) post with 9.2k upvotes about Chinese data collection on TikTok from the front page," which features an about 17 min length YouTube video regarding TikTok's harmful effects.

On said post,

I've noticed another user left a comment that [TikTok's case is] "Just another one of Trump's flip flops was allowing them to continue stealing our data."

Although my memory immediately disagreed with the comment -- thinking "Trump hasn't flip-flopped on the issue, has he?" -- I wanted to make sure if what I remember is correct.

So, I dug up my notes about the TikTok's case with the previous US administration, and kind of try to organize them here chronologically.

Have a wonderful evening, guys.



①-1

On Aug 06, 2020,

the Trump's executive order declared that TikTok and WeChat would be blocked from processing transactions for US citizens and from being downloaded in US app stores after 45 days, or on 20 September, due to security concerns. [EO's LINK]

①-2

On Aug 11, 2020,

Wall Street Journal published a report that TikTok was apparently collecting some of its users' MAC addresses, which are unique, fixed identifiers assigned to mobile phones and other internet-connected devices. [LINK]

MAC addresses can be used to track the physical whereabouts of a person using a connected device, even if they have opted out of all manner of other ad-related trackers in their phone's settings.

①-3

On Aug 14, 2020,

another Trump's executive order announced that TikTok would face a complete ban if it did not sell to a US company by Nov 14, 2020. [EO's PDF LINK]

Trump also said to the reporters that he would support an effort by Microsoft to buy TikTok’s American operations if the US government got a "substantial portion" of the proceeds, but has also said there are other interested potential buyers. [LINK] -- Several American companies were said to show their interests in the deal, including Snap Inc. (Snapchat) and Pinterest.



On Aug 19, 2020,

various American mass media outlets said that Trump showed his support for Oracle's bid to buy TikTok's US operation. They didn't forget to mention the Oracle's founder, Larry Ellison, threw a campaign fundraising event for Trump early 2020. Here's one of those articles:

Aug 19, 2020 -- Trump shows support for Oracle’s bid to buy TikTok in the U.S. [LINK]

Asked which company he'd rather see take ownership, Trump said: "I guess Microsoft wants it and so does Oracle, and probably so do other people, but they have to also make sure the United States is well compensated because we’re the ones making it possible. Very simple: We’re the ones making it possible."

Aug 24, 2020,

TikTok sued the US administration over the Trump's executive order banning TikTok's operation in the US, calling it a pretext to fuel anti-China rhetoric as he seeks reelection. [LINK]



Early September 2020,

the rumours have surfaced that the emails, sent from the major American investment firms, were circulated among silicon valley CEOs, which stated said investment firms including BlackRock, Vanguard, and State Street will not participate in the deal, in any way, shape, or form.

An interesting thing about these rumours is

they were claiming that those emails were circulated during Q2 2020, way before the first Trump's executive order on the Aug 06 regarding TikTok and WeChat.

In fact,

before the Trump's Aug-06-TikTok executive order, the Reuters article published on Jul 29, 2020 reported that

"Beijing-based ByteDance is considering a range of options for TikTok amid pressure from the United States to relinquish control of the app. ... Privately held ByteDance has received a proposal from some of its investors, including Sequoia and General Atlantic, to transfer majority ownership of TikTok to them, the sources said." [LINK]



⑤-1

On Sep 13, 2020,

New York Times published an article that ByteDance, the owner of TikTok, has decided Oracle to be TikTok's partner for its US operations, rejecting an acquisition offer from Microsoft. [LINK]

⑤-2

On Sep 17, 2020,

NBC News published an article that (later on that day, Thursday Sep 17, 2020) Trump will review the report about Oracle's bid for TikTok deal, and the article said that Trump "admitted there is no legal path to letting the U.S. Treasury get a cut of the deal." [LINK]

"I’m not prepared to sign off on anything. I have to see the deal," Trump told White House reporters Wednesday evening about Oracle’s interest in TikTok. ... "It has to be 100 percent as far as national security is concerned," Trump said.

⑥-1

On Sep 19, 2020,

South China Morning Post published an explainer that Trump "supported a deal in principle with enterprise firm Oracle Corp. ... Oracle will take a 12.5 per cent stake in TikTok Global and store all its US user data on its cloud to comply with US national security requirements, the companies said. Retail giant Walmart said it would take a 7.5 per cent stake in TikTok Global. ByteDance will remain a majority shareholder." [LINK]

The explainer also stated that US Commerce Secretary Wilbur Ross said his department has extended the deadline for "prohibition of identified transactions" on the TikTok mobile app until the September 27 due to "recent positive developments."[LINK]

And South China Morning Post published another article titled "ByteDance says Beijing will have to approve TikTok’s US deal" saying that "The Chinese government will need to clear a proposed deal between Oracle Corp and ByteDance over TikTok's US operation, further complicating its effort to keep the popular short video-sharing service from getting banned by the Trump administration." [LINK]

⑥-2

On Sep 20, 2020,

a US Magistrate Judge Laurel Beeler halted a move that would have forced Apple and Google to remove Tencent’s WeChat from their app stores by the Sunday evening (Sep 20, 2020). The US users who had already downloaded the app would have found it largely unusable. [LINK]

⑥-3

On Sep 21, 2020,

CNBC News: President Donald Trump: TikTok deal won't be approved if ByteDance has any control [YouTube LINK]

CNBC's Eamon Javers reported on how Trump viewed the Oracle-TikTok deal, and how the Trump administration would challenge the Judge Laurel Beeler's order that blocked the Commerce Department’s ban on downloads of WeChat.

⑦-1

On Sep 27, 2020,

the deadline of the Trump administration's order, which could have forced the US app stores run by Apple and Google to remove TikTok, has arrived.

However,

after a hearing on Sunday (Sep 27, 2020), the US District Court Judge Carl Nichols granted an injunction against that order, meaning the US court blocked the Trump administration's order until further development. [LINK]

The US Commerce Department said it will continue to defend the executive order which is "consistent with the law and promotes legitimate national security interests."

⑦-2

On Oct 24, 2020

the Trump administration filed a motion with the US District Court in Washington DC that "the US government should be allowed to impose restrictions on the app that will make it unusable in the US next month. The proposed restrictions are in line with the president's authority to protect US national security, and limiting those powers run contrary to the law and past rulings, the US government lawyers said." [LINK]

⑦-3

On Oct 30, 2020,

the US District Judge Wendy Beetlestone ruled that the Trump Aug-06 executive order on banning TikTok from the US app store exceeded his authority, effectively blocking said executive order which was set to take effect on Nov 12, 2020. [PDF LINK]

However, the aforementioned ruling didn't affect the Trump Aug-14 executive order which stated TikTok would face a complete ban if it did not sell to a US company by Nov 14, 2020. [LINK]

⑦-4

On Nov 03, 2020,

the 2020 US presidential election happened.

Keeping silent on the Oracle & TikTok deal, the Chinese government hasn't appeared to clear said deal. No mentions from the China's official state-run press agencies.

And

the US administration raised concerns and said that with the deal, ByteDance, the TikTok owner, shouldn't be able to access the data of the 100 million TikTok users in the US. "It has to be 100 percent as far as national security is concerned," Trump said. [LINK]

⑦-5

On Nov 11, 2020,

CNN said that "Though Trump has tentatively approved a deal involving TikTok that may satisfy him, it isn't final yet. With the Nov. 12 deadline mere hours away, TikTok filed an emergency petition with a federal appeals court on Nov. 10 to preempt it." [LINK]

ByteDance still maintained that Beijing would have to approve TikTok's US deal, but no words from the Chinese government yet.

Everyone seemed to know what's going on: Both TikTok and the Chinese government were waiting for the new US administration.

⑦-6

On Nov 13, 2020,

NPR published an article titled "Trump's TikTok Sell-By Date Extended By 15 Days" stating many things but essentially reporting that after failure to finalize the deal by the deadline (Nov 12, 2020), "the Trump administration gave TikTok 15 more days to finalize the deal or to find an American buyer." [LINK]

On Feb 10, 2021,

the Wall Street Journal reported that the Biden administration shelved the Oracle-TikTok (and Walmart) deal indefinitely. [LINK]

Not so relevant with the TikTok case in discussion,

but on Mar 12, 2021,

the Reuters reported that "a U.S. federal judge temporarily blocked the Department of Defense from forcing American investors to divest from Chinese smartphone maker Xiaomi Corp on the grounds the company has ties to China’s military." [LINK]

The US Defense Department under the previous US administration placed Xiaomi on a list of companies with links to the Chinese military, triggering financial restrictions that were scheduled to go into effect on the week starting March 15, 2021.

But on Friday March 12, 2021, a US District Judge Rudolph Contreras put a temporary halt to the ban, siding with Xiaomi in a lawsuit that argued that the move was "arbitrary and capricious" and deprived the company of its due process rights.



I can understand why the Biden administration shelved the Oracle-TikTok deal.

But I am wondering,

if those Judges, who blocked the previous US administration's orders on TikTok, WeChat, or Xiaomi, are familiar with the recently enacted CCP's National Intelligence Law.

And what if TikTok were proved later on to have violated the US citizen's privacy and also the US national security during the course of action? What then?

Will those Judges be held accountable for the consequences?