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The company argues that the law violates the First Amendment by effectively killing an app in the U.S. that millions of Americans use to share their views. Another problem: a divestiture within 270 days is practically impossible, Sapna Maheshwari and David McCabe report for The Times. DealBook spoke with Maheshwari about the lawsuit filed yesterday and what happens next. Do legal experts think TikTok has a chance at winning? Alan Rozenshtein, an associate professor at the University of Minnesota Law School, says that a victory is possible based on the “very, very substantial First Amendment challenge” involved.
Persons: TikTok, Sapna Maheshwari, David McCabe, DealBook, Maheshwari, Alan Rozenshtein, Organizations: U.S, The Times, University of Minnesota Law School Locations: Washington, ByteDance, U.S
Less than two weeks after President Biden signed a bill that will force TikTok’s Chinese owner, ByteDance, to sell the popular social media app or face a ban in the United States, TikTok said it sued the federal government on Tuesday, arguing the law was unconstitutional. TikTok said that the law violated the First Amendment by effectively removing an app that millions of Americans use to share their views and communicate freely. It also argued that a divestiture was “simply not possible,” especially within the law’s 270-day timeline, pointing to difficulties such as Beijing’s refusal to sell a key feature that powers TikTok in the United States. “For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than one billion people worldwide,” the company said in the 67-page petition it provided, which initiates the lawsuit. “There is no question: The act will force a shutdown of TikTok by Jan. 19, 2025.”TikTok is battling for its survival in the United States, with the fight set to play out primarily in courts over the next few months.
Persons: Biden, TikTok, Jan, ” TikTok Locations: United States, China
The U.S. government’s landmark antitrust trial against Google’s search business is nearing its conclusion. Under the Trump administration, the Justice Department and the Federal Trade Commission started investigating Amazon, Apple, Google and Meta, the parent company of Instagram and WhatsApp, for monopolistic behavior. The government has since sued all four companies — Google twice — in what it says is an effort to rein in their power and promote more competition. Closing arguments wrap up on Friday in Google’s first antitrust suit on allegations that it has a monopoly in internet search. and 17 states sued Amazon, accusing it of protecting a monopoly by squeezing sellers on its vast marketplace and favoring its own services.
Persons: Trump Organizations: U.S, Justice Department, Federal Trade Commission, Apple, Google, Big Tech, Amazon Locations: Google’s
The biggest U.S. challenge so far to the vast power of today’s tech giants has reached its climax. v. Google — over whether the tech giant broke federal antitrust laws to maintain its online search dominance. Google insists that consumers use its search engine because it is the best product. Many antitrust experts expect he will land somewhere in the middle, ruling only some of Google’s tactics out of bounds. The trial is the biggest challenge to date to the vast power of today’s tech giants, which have defined an era when billions of people around the world depend on their products for information, social interaction and commerce.
Persons: Amit P, Mehta Organizations: Justice Department, Google, Apple, District of Columbia, Meta Locations: U.S
The judge overseeing a landmark U.S. antitrust challenge to Google tried to poke holes in both sides’ cases during closing arguments Thursday, as he weighs a ruling that could reshape the technology industry. Judge Amit P. Mehta was presiding over the first day of closing arguments in the most consequential tech antitrust case since the U.S. government sued Microsoft in the late 1990s. The Justice Department has sued Google, accusing it of illegally shoring up a monopoly in online search. On Thursday, Judge Mehta questioned the government’s argument that Google’s dominance had hurt the quality of the experience for searching for information online. “Certainly I don’t think the average person would say, ‘Google and Amazon are the same thing,’” Judge Mehta said.
Persons: Judge Amit P, Mehta, Judge Mehta Organizations: Google, Microsoft, The
Ten years ago this week, The New York Times introduced the Upshot, a section devoted to explaining “politics, policy and everyday life.” That’s a wide scope, by design. As a result, more than 5,000 articles later, the Upshot has been many things to many readers. To mark our 10th birthday, we’ve collected 100 stories that embody the Upshot. WordleBot Eden Weingart/The New York Times When Wordle first became popular, several people on the internet claimed, plausibly, that they had come up with the “best” opening word. Force of Ship Impact Was on the Scale of a Rocket Launch Erin Schaff/The New York Times We think of the Upshot as a place where back-of-the-envelope calculations can be both helpful and welcome.
Persons: , Nate Cohn’s, we’ve, Kevin Quealy, John Branch, John, Patrick Thomas, tut, Trump, pollsters, Obamacare, Leif Parsons, We’re, Jason Henry, Tony Luong, Jordan, , Ruth Fremson, Laurel, ’ Rodrigo Corral, Alex Welsh, Paul Romer, Tim Enthoven, Barack Obama, epidemiologists, It’s, you’re, WordleBot Eden, Wordle, Lila Barth, McCabe, Tom Brady, ChatGPT, , Erin Schaff Organizations: New York Times, Facebook, Yankees, Red, State Newspaper, ESPN, The Athletic, The Times, You’re, Voters, Trump, Mr, Times, Siena College, Walmart, The New York Times, Jordan Siemens, Health, New, Nike, Democratic, Twitter, America, Iowa, Iowa Democratic, Cancer, Hit, Biden, Insurance, Roe America, Disorders, Republican, Republican Party of, U.S, Budget, NASA, National, Traffic, Administration, Yorkers, Force Locations: It’s, Red Sox, State, America, Dakota, Ireland, Chipotle, Japan, U.S, United States, Siena, New Pennsylvania, District, Iowa, Covid, York City, New York, Pennsylvania, Roe, Tonga, Arizona, York, Holland
is a Times reporter based in Bangkok who has been covering Asia for more than 25 years. She focuses on in-depth and investigative stories.
Locations: Bangkok, Asia
Just over a year ago, lawmakers displayed a rare show of bipartisanship when they grilled Shou Chew, TikTok’s chief executive, about the video app’s ties to China. Their harsh questioning suggested that Washington was gearing up to force the company to sever ties with its Chinese owner — or even ban the app. But behind the scenes, a tiny group of lawmakers began plotting a secretive effort that culminated on Tuesday, when the Senate passed a bill that forces TikTok to be sold by its Chinese owner, ByteDance, or risk getting banned. For nearly a year, lawmakers and some of their aides worked to write a version of the bill, concealing their efforts to avoid setting off TikTok’s lobbying might. To bulletproof the bill from expected legal challenges and persuade uncertain lawmakers, the group worked with the Justice Department and White House.
Persons: Shou, Little, TikTok Organizations: Senate, Justice Department, White Locations: China, Washington, United States
A bill that would force a sale of TikTok by its Chinese owner, ByteDance — or ban it outright — was passed by the Senate on Tuesday and is expected to be signed quickly into law by President Biden. Now the process is likely to get even more complicated. Congress passed the measure citing national security concerns because of TikTok’s Chinese ties. The measure is likely to face legal challenges, as well as possible resistance from Beijing, which could block the sale or export of the technology. It’s also unclear who has the resources to buy TikTok, since it will carry a hefty price tag.
Persons: ByteDance, , Biden, TikTok, It’s Locations: United States, Beijing
For decades, the United States has fashioned itself the champion of an open internet, arguing that the web should be largely unregulated and that digital data should flow around the globe unhindered by borders. The government has argued against internet censorship abroad and even funded software that lets people in autocratic states get around online content restrictions. Digital rights groups and others around the world have taken notice — and raised the question of how the moves against TikTok contradict the United States’ arguments in favor of an open internet. A Russian opposition blogger, Aleksandr Gorbunov, posted on social media last month that Russia could use the move to shut down services like YouTube. And digital rights advocates globally are expressing fears of a ripple effect, with the United States providing cover for authoritarians who want to censor the internet.
Persons: Aleksandr Gorbunov, authoritarians Organizations: TikTok, United Locations: United States, Israel, Ukraine, States, Russian, Russia
The measure, a modified version of a stand-alone bill that the House passed last month, will be considered alongside a package of foreign aid for Ukraine, Israel and Taiwan, according to text of the legislation released by House leadership. The president could extend the deadline by another 90 days if progress toward a sale was being made. House lawmakers are expected to vote Saturday on a package of legislation that includes the TikTok ban and other bills popular with Republicans, a maneuver intended to induce lawmakers to vote for the foreign aid. If the package passes, the measures will be sent as a single bill to the Senate, which could vote soon after. President Biden has said he’ll sign TikTok legislation into law if it reaches his desk.
Persons: Biden Organizations: House, Republicans, Senate Locations: United States, Ukraine, Israel, Taiwan
Warner Bros. Discovery said on Monday that two members of its board of directors, Steven Newhouse and Steven Miron, had stepped down after the company learned about an investigation into whether their presence on the board violated antitrust law. Federal law forbids most corporate officers and board members to simultaneously serve on the boards of their competitors. Mr. Newhouse and Mr. Miron are both executives at Advance, a private, family-held business whose holdings include the Condé Nast glossy magazine empire that publishes titles such as Vogue and The New Yorker.
Persons: Discovery, Steven Newhouse, Steven Miron, Newhouse, Miron Organizations: Warner Bros, Advance, Vogue Locations: Yorker
What we know about the Baltimore bridge collapse
  + stars: | 2024-03-26 | by ( Holly Yan | ) edition.cnn.com   time to read: +5 min
CNN —A massive cargo ship plowed into Baltimore’s Francis Scott Key Bridge early Tuesday, causing the 1.6-mile bridge to crumble like a pile of toothpicks and plunge cars and people into the frigid water below. Here’s what we know about the catastrophe:Why did the bridge collapse? The Patapsco River is about 50 feet deep under the Francis Scott Key Bridge, Wiedefeld said. The water temperature in Baltimore Harbor near the site of the bridge collapse was about 46 to 48 degrees Fahrenheit on Tuesday morning. The Francis Scott Key Bridge lies in shambles after a massive cargo ship crashed into one of its pillars overnight in Baltimore.
Persons: Francis Scott Key, DALI, Dali, Wes Moore, it’s, Paul J, Wiedefeld, , ” Wiedefeld, James Wallace, , It’s, Andrew McCabe, ” McCabe, McCabe, we’ve, Akbarzai, Andy Rose, Derek van Dam, Monica Garrett, AnneClaire Stapleton, Louis Mian Organizations: CNN, Francis Scott Key Bridge, Maritime, Port Authority, Synergy Marine, Ltd, Maryland Gov, Maryland Transportation, Baltimore City Fire, Sonar, Synergy Group, National Weather Service, Reuters, University of Minnesota, FBI Locations: Singapore, Maryland, Patapsco, Baltimore, , Baltimore Harbor, Harford County
The United States vs. the iPhone
  + stars: | 2024-03-26 | by ( Sabrina Tavernise | David Mccabe | Carlos Prieto | ) www.nytimes.com   time to read: 1 min
Listen and follow The DailyApple Podcasts | Spotify | Amazon MusicLast week, the Justice Department took aim at Apple, accusing the company of violating competition laws with practices intended to keep customers reliant on their iPhones. David McCabe, who covers technology policy for The Times, discusses the latest and most sweeping antimonopoly case against a titan of Silicon Valley.
Persons: David McCabe Organizations: Spotify, Justice Department, Apple, The Times Locations: Valley
Share Share Article via Facebook Share Article via Twitter Share Article via LinkedIn Share Article via EmailNissan is trying to reinvent itself with a 'balanced portfolio,' AutoForecast Solutions saysJoseph McCabe, president and CEO of AutoForecast Solutions, discusses the "long game" that Nissan is betting on.
Persons: Joseph McCabe Organizations: Nissan, Solutions, AutoForecast Solutions
Multiple insurance firms have balked at Trump’s attempt to finance the bond based on the value of his real estate assets. As always with Trump, there is a legal front and a political one. His claims are inaccurate but appear to be politically effective among his supporters who revile political and legal elites in Washington. Therefore, there are good reasons why James – a Democrat – may seek other legal remedies to secure the judgment. Although his case is historic, Navarro is far from the only ex-Trump associate to serve time in jail.
Persons: Donald Trump, Peter Navarro, , readying, Trump, , Trump’s, Andrew McCabe, CNN’s Wolf Blitzer, Judge Arthur Engoron, Letitia James, , ” James, He’s, Jean Carroll, Joe Biden, Cohen, James, he’s, James –, Democrat –, Hunt, ” Trump, Navarro, Navarro Monday, John Roberts, Roberts, Barrett Prettyman, Anna Moneymaker, , Sam Mangel, ” Navarro, Paul Manafort, CNN’s Kristen Holmes, Manafort, Robert Mueller’s Organizations: CNN, Trump, Trump Organization, FBI, New York, ABC, Oval, GOP, Black, Democratic, White, Democrat, Republican, Getty, of Prisons, White House, Republican National Convention, Washington Post Locations: New York, Trump, Manhattan, Washington, United States, Washington , DC, Miami, Milwaukee, Robert Mueller’s Russia
This story is available exclusively to Business Insider subscribers. It made her feel "dumb" and "grimy," she told Business Insider. McCabe wrote about the doomed affair in her part-memoir, part-self-help guide, "The Red Flags I've (Repeatedly) Ignored, Love, Lust, and Lessons." "It should have been a deal breaker because I wanted a committed monogamous relationship," McCabe said. "He texted to say, 'I'm thinking about you, I had a dream about you, and I don't want to do this. "
Persons: , Brianna McCabe, blindsided, McCabe, Briana McCabe, résumé, He'd, McCabe couldn't, she'd, I've Organizations: Service, Business, Flags Locations: Iceland
TikTok Bill’s Progress Slows in the Senate
  + stars: | 2024-03-15 | by ( David Mccabe | Sapna Maheshwari | ) www.nytimes.com   time to read: +1 min
After a bill that would force TikTok’s Chinese parent company to sell the app or face a nationwide ban sailed through the House at breakneck speed this week, its progress has slowed in the Senate. Senators — some of whom have their own versions of bills targeting TikTok — will need to be convinced. And the process of taking the House bill and potentially rewriting it to suit the Senate could be time consuming. The legislation mandates that TikTok’s parent company, ByteDance, sell its stake in the app within six months or face a ban. He said that there could be adjustments made to the bill but that there was bipartisan support to wrest the app from Chinese ownership.
Persons: Chuck Schumer, , TikTok, Richard Blumenthal Organizations: Democratic Locations: New York, Connecticut
TikTok is one of the most popular and largest social media apps around the globe — with great brand recognition and loyal users. That’s the conundrum facing TikTok as Washington lawmakers push a bill that would force the app’s Chinese parent company, ByteDance, to sell it or face having it banned in the United States. The bill passed the House on Wednesday but could face an uphill climb in the Senate. Rumors are already swirling on Wall Street about who could be interested in buying TikTok. The U.S. president, according to the bill passed by the House, would have to affirm that a deal cut the app off from ByteDance.
Persons: Steven Mnuchin, Mr, Mnuchin Organizations: CNBC, U.S Locations: Washington, United States, U.S, ByteDance
The House on Wednesday passed a bill with broad bipartisan support that would force TikTok’s Chinese owner to either sell the hugely popular video app or be banned in the United States. The move escalates a showdown between Beijing and Washington over the control of technologies that could affect national security, free speech and the social media industry. Republican leaders fast-tracked the bill through the House with limited debate, and it passed on a lopsided vote of 352-65, reflecting widespread backing for legislation that would take direct aim at China in an election year. The action came despite TikTok’s efforts to mobilize its 170 million U.S. users against the measure, and amid the Biden administration’s push to persuade lawmakers that Chinese ownership of the platform poses grave national security risks to the United States.
Organizations: Republican, Biden Locations: United States, Beijing, Washington, China
House lawmakers are expected to vote starting at around 10 a.m. on Wednesday on legislation meant to force ByteDance, the Chinese internet company, to sell its wildly popular social media app TikTok. If the House passes the bill, it faces an uncertain future in the Senate. Senator Chuck Schumer of New York, the Democratic leader, has not yet committed to bringing it up for a vote. Why have House lawmakers been supporting the bill? Many are worried that the Chinese government could demand the personal data of Americans from ByteDance and that, under Chinese law, ByteDance would have to comply.
Persons: ByteDance, Chuck Schumer Organizations: Lawmakers, Democratic Locations: United States, China, Beijing, New York, ByteDance
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What Happens Next With TikTok?
  + stars: | 2024-03-13 | by ( David Mccabe | ) www.nytimes.com   time to read: +1 min
What happens next with TikTok? Next, the bill is heading to a skeptical Senate, after which President Biden would need to sign it into law. What happens next in the legislative process? The bill needs to be approved by the Senate, which could also make changes to the text of the legislation. For example, because the bill’s text explicitly names TikTok and ByteDance, some are worried it could violate a part of the Constitution that bars Congress from targeting specific entities with legislation.
Persons: Biden, Chuck Schumer, hasn’t Organizations: Senate, Democratic Locations: New York
Why a Sale of TikTok Would Not Be Easy
  + stars: | 2024-03-13 | by ( David Mccabe | ) www.nytimes.com   time to read: +1 min
Legislation that could eventually mandate a sale of TikTok is moving forward. The House on Wednesday approved the bill to ban TikTok unless ByteDance sells the app to a buyer the government signs off on. Under the legislation, the president will need to agree that the sale meets those conditions. ByteDance and TikTok have not said how they would handle a sale, if it’s required. But legal experts say that in the case of a sale, ByteDance would likely need to decide between selling all of TikTok globally versus trying to cordon off its U.S. business.
Persons: ByteDance, TikTok, Organizations: Senate Locations: China
CNN —A new glimpse inside Donald Trump’s inner circle shows how the ex-president’s men and women often confront a fateful dilemma under huge personal pressure. Butler’s comments are important because they foretell how he might testify in the federal classified documents trial that could be hugely damaging to Trump but that is increasingly unlikely to happen before Americans vote in the fall. Why ‘Trump Employee 5’ broke his silenceIt is too early to say whether Butler’s testimony would be decisive in the federal trial in the classified documents case. Walt Nauta, a Trump personal aide, and De Oliveira, who have not broken with the ex-president, have also denied wrongdoing. Cohen will be a key witness when Trump becomes the first ex-president to go on trial over a hush money case in New York later this month.
Persons: Donald Trump’s, Brian Butler, , hoarded, Butler, Trump, who’s, ” Butler, CNN’s Kaitlan Collins, , Mar, Carlos De Oliveira, Stephanie Grisham, Grisham, ” Grisham, CNN’s Erin Burnett, , Peter Navarro, Rudolph Giuliani, CNN’s Collins, Jim Sciutto, John Kelly, John Bolton, Adolf Hitler, , , Walt Nauta, De Oliveira, John Irving, Jack Smith, Andrew McCabe, Ryan Goodman, Burnett, Smith, Michael Cohen, Cohen, Cassidy Hutchinson, Mark Meadows, Hutchinson, she’s, Cassidy, ” Hutchinson, Joe Biden, Robert Hur, Hur Organizations: CNN, Trump, “ Trump, West Palm Beach, FBI, White, White House, Capitol, New York, Republican, ‘ Trump, Mar, , New York University, Republicans, CBS, GOP Locations: Florida, West Palm, New Jersey, Lago, New York
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