I'll bet none of the people responding here actually read the Supreme Court decision.
This isn't about data that people agreed to allow ByteDance to scrape. It's about ByteDance going beyond that and scraping contact information of NON-TikTok users, which could be used for blackmail or in other illegal and adversarial ways.
Everyone knows U.S. companies gather user data. Oracle had been doing it for decades. This is not the issue and not at all why TikTok has been banned.
The difference is that ByteDance was blatantly going after data that was legally not within their rights to grab; NON-TikTok user data on TikTok user's devices.
In addition, there are hints in the decision that the FBI provided evidence that China was using this information for adversarial purposes.
The decision very clearly walks through the First Amendment issues in relation to foreign adversaries and explicitly states that this is a singular decision.
It would have been VERY EASY for ByteDance to stop scraping data or to find a U.S. partner to host the data of U.S. Citizens. I've worked at global consulting firms and Germany requires this. All German citizen data must be hosted in their country. This isn't anything new. Companies make these kinds of compromises all the time and have for decades. Some companies explicitly state their data has to be on-prem or not in AWS. As an enterprise architect, I make these kinds of design decisions all the time. (Scenario: If customer is located in XYZ country, where do we store their data?)
ByteDance simply refused because even though they claim they are not handing data over to the Chinese Intelligence Service, they ACT LIKE THEY ARE.
None of this will matter in a few months. There are active projects to build Instagram and TikTok clones on the atProto network (Bluesky) which will serve the same content without advertising and without an algorithm. There will be Feeds for cat videos, pirate dress up videos, and APT dance videos and I'm 100% sure all the users that join that service will completely forget about TikTok. And the moderation will be given to the users so they can decide what to see.
It said the conjured-up-out-of-nothing right in Roe v. Wade was not a valid argument that the federal government (through the Constitution) explicitly protects abortion.
Even legal scholars on the left admitted before the decision Roe v. Wade was a decision on very shaky ground and liable to be overturned.
This isn't about data that people agreed to allow ByteDance to scrape. It's about ByteDance going beyond that and scraping contact information of NON-TikTok users, which could be used for blackmail or in other illegal and adversarial ways.
Everyone knows U.S. companies gather user data. Oracle had been doing it for decades. This is not the issue and not at all why TikTok has been banned.
The difference is that ByteDance was blatantly going after data that was legally not within their rights to grab; NON-TikTok user data on TikTok user's devices.
In addition, there are hints in the decision that the FBI provided evidence that China was using this information for adversarial purposes.
The decision very clearly walks through the First Amendment issues in relation to foreign adversaries and explicitly states that this is a singular decision.
It would have been VERY EASY for ByteDance to stop scraping data or to find a U.S. partner to host the data of U.S. Citizens. I've worked at global consulting firms and Germany requires this. All German citizen data must be hosted in their country. This isn't anything new. Companies make these kinds of compromises all the time and have for decades. Some companies explicitly state their data has to be on-prem or not in AWS. As an enterprise architect, I make these kinds of design decisions all the time. (Scenario: If customer is located in XYZ country, where do we store their data?)
ByteDance simply refused because even though they claim they are not handing data over to the Chinese Intelligence Service, they ACT LIKE THEY ARE.
None of this will matter in a few months. There are active projects to build Instagram and TikTok clones on the atProto network (Bluesky) which will serve the same content without advertising and without an algorithm. There will be Feeds for cat videos, pirate dress up videos, and APT dance videos and I'm 100% sure all the users that join that service will completely forget about TikTok. And the moderation will be given to the users so they can decide what to see.