• finitebanjo@lemmy.world
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    3 months ago

    A US Citizen might be protected by Article 1 Section 9, but courts have adopted a three-part test to determine if a law functions as a bill of attainder:

    1. The law inflicts punishment.
    2. The law targets specific named or identifiable individuals or groups.
    3. Those individuals or groups would otherwise have judicial protections.

    And unfortunately for the CCP they fail #3 unless the Chinese owners divest and all Chinese centralization for the company gets shut down.

    Also, the tiktok ban was passed alongside a bill outlawing sale of data to China, Iran, Russia, etc. So if FB is still selling to China it is also illegal.

      • finitebanjo@lemmy.world
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        3 months ago

        #3. Number 3. The third part. THREE. Learn to read. All three are required conditions.

        The parent company don’t have judicial protections. They’re based in China and are state owned and operated. The US-Based subsidiary isn’t being punished, they’re explicitly allowed to operate if the parent company divests, but are choosing to shut down instead.

            • UnderpantsWeevil@lemmy.world
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              3 months ago

              But explicit prohibition on continued operation if they don’t. ByteDance is not affected outside of the US. Only US employees are being threatened.

              • YeetPics@mander.xyz
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                3 months ago

                Only US employees are being threatened.

                Lmao, that’s quite the stretch. The way I see it, US employees AND citizens would be protected from foreign spyware.

                if the XI’s China could stop trying to interfere with the world beyond its border they could also probably stop themselves from being targeted by legislature aimed at protecting citizens of countries outside China.

              • finitebanjo@lemmy.world
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                3 months ago

                ByteDance employees chose to work for a Chinese PsyOp parent company who refuses to sell ByteDance. If anything, those employees are suffering because the CCP were given too many rights and protections for owning a business in the USA.

                  • finitebanjo@lemmy.world
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                    3 months ago

                    The single group of American Citizens are facing no repercussions from the US Government. They’re being thrown under the bus by the Chinese.

    • UnderpantsWeevil@lemmy.world
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      3 months ago

      And unfortunately for the CCP they fail #3

      The bill doesn’t target the CCP, it targets a US subsidiary of a Singapore-based multinational.

      unless the Chinese owners divest and all Chinese centralization for the company gets shut down

      A rule that applies exclusively to the US subsidiary of TikTok.

      It would be akin to passing a law that says @finitebanjo must have all of his possessions seized in the next nine months, because he took money from the Canadian government. Canada isn’t the target of the legislation and the scope of the legislation isn’t universal - it’s only assigning a punishment to a single domestic resident - and entirely on the grounds that the current chief executive doesn’t like Justin Trudeau.

      • finitebanjo@lemmy.world
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        3 months ago

        It would be akin to passing a law that states Finite Banjo’s friend Jose must no longer act as a proxy between Finite Banjo and Jose’s friend Juan, as Finite Banjo is not constitutionally protected but Jose is, or Jose must cut all contact with Juan because Finite Banjo is harming Juan.

        The fact that you think you can remove all context in an attempt to win an argument is just evidence of your inability to comprehend complexity.

        • UnderpantsWeevil@lemmy.world
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          3 months ago

          It would be akin to passing a law that states Finite Banjo’s friend Jose

          Except, again, the business being penalized is the American subsidiary.

          The fact that you think you can remove all context

          The context is that the commercial assets and employees being threatened by the US government are all within US territory.