Tag Archives: trade

Banning TikTok Will Blow Up in US Politicians’ Faces

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Leaving aside the various reasons why Trump would want to ban TikTok, which are almost entirely self serving, we need to take a step back and look at how banning an app from China could negatively impact US companies and if that’s a good thing or a bad thing.

First, TikTok is a short video app that allows people to make both simple and sophisticated videos. Some are edited to present an entire scene others are just short videos of live action. They can be used for political commentary or just for humor. This isn’t the first App like this, Vine was the original TikTok and was widely popular, but Twitter was unable to monetize it, so they shut it down. Instagram has Instagram Live, Facebook has an app like this too.

However, the big difference between those apps and TikTok is that TikTok may have influenced the Tulsa rally and made Tump look back. The OTHER difference is that it’s owned by a Chinese company. There some fears that this means it will be used by China to collect information on American citizens and shared with the Chinese Government to do something back to our citizens. There’s “fear” that TikTok will influence the election in some fashion and will be, ultimately, influenced by the Chinese government.

To be clear, just about every social media company has to share information with their government. There’s currently an ongoing law suit in the EU about US social media companies and if they properly shield EU data. With that ruling, there are serious question if social media companies can send any data back to the US, since the US government routinely gets access to the data. That the US Government is a huge problem when it comes to social media companies.

Given that the US is looking to ban TikTok for something very much like what the EU just ruled that the US is doing, should give lawmakers pause before banning any other country’s social media platforms. If the US does something like this unilaterally, without going through any third party organization, like the WTO, then other countries may take that the opportunity to do the same for any company from a country they don’t like. If it’s good enough for the US, it’s good enough for us!

Furthermore, this flies in the face of the Neo-liberal economic framework the conservative movement in the US purports to support. Rather than government regulation, they should be pushing for Facebook, Twitter, and other platforms, to compete against TikTok and defeat it in the market place. Given that they are instead resorting to regulations, indicates the fact that they are being opportunist here and simply doing this for political reasons. As it is something of a political platform for young people.

Additionally, since there are at least two known cases of Facebook actually influencing elections through external meddling, the US 2016 election and Brexit vote, it is likely that Facebook represents more of a threat to any given government than TikTok. Though, all platforms can be turned into a disinformation platform if enough actors decide it should be turned into a disinformation platform.

It should be viewed as likely that other governments would move to ban US based social media companies and services, like Google and Amazon because of their closeness with the US government. Amazon provides an AWS platform for the CIA and other three letter organizations.

Of course, this might all be moot, because it’s not obvious that the US government can even ban TikTok, as it IS such a huge platform for free speech. Regardless, keep an eye out for other countries taking a lead from the US government after TikTok is banned. It is likely that dictatorships will leap at this chance.

We should not ban TikTok. We should create laws and a framework that requires businesses to strongly protect user data on any social media platform regardless of if it is US based or foreign. We should expect to see more innovation from othe countries over the next few years and that Facebook, Amazon, Google, Twitter, and Microsoft will all experience strong competition.

Failure of DMCA and TPP is going to be worse

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It should come as no surprise to many of my readers that I’m not really a big fan of DMCA. I believe that this law hinders innovation in the arts and sciences. I you are interested in a very nuanced and well articulated argument against Copyright, I suggest you download Lawrence Lessig‘s book Code 2.0 – it’s a law book, but it’s free and interesting. However, I have written about this topic before if you’re like a bit of a synopsis.

The DMCA is a law that requires companies to help copyright holders manage and protect their copyrighted material. This results in something called a Take Down Notice, where the company that receives the take down notice must remove the offending material. In many cases the copyright holders are requiring companies like Google to create tools to allow them to automatically search for offending material.

Growing number of Take Down requests

Growing number of Take Down requests accessed 1/5/2014

For a growing company like Twitch.TV which streams live video game broadcasts and services several hundred thousand viewers at once, may cripple them in the future. According to a recent George Mason University study, the DMCA take down notice process has been a complete failure. The law was never intended to function in the manner that it has been.

The take down notice was designed as a stop gap measure and compromise between copyright holders and the new technologists on the web. The DMCA was passed in 1998, most of the internet that we know and love didn’t exist then. It was likely that only a few people had even started using Google when the law was passed, YouTube was nothing more than a pipe dream, Napster and sites like it were the major driving force for this law.

Over the past few years we’ve had several attempts to expand on the DMCA and make matters significantly more restrictive on the Internet. For example we had the SOPA/PIPA, CISPA laws that the internet killed with a blackout. The blackout is an example of what Rebecca MacKinnon argued in her book “Consent of the Networked” where law makers need to look at the interconnectedness of the world and how these laws reach beyond our boarders and impact the broader world.

Unfortunately, these types of laws aren’t dead and DMCA isn’t going away despite what GMU recommends. Currently TPP is working it’s way through the “Fast Track Process” (fast track essentially allows the President to enter into trade agreements powers not authorized by the Constitution) and if it is successful there are copyright provisions that are very damaging for both Copyright Law and Patents. The copyright provisions are stronger than DMCA, similar to SOPA, and would force all signers to follow the rule of the trade agreement over their own established laws, including the US. If you are interested in reading TPP here’s the full agreement for download at Wikileaks.

What can we do to prevent TPP from making our copyright lives worse? Well, it appears there’s limited things we can do. Of course you can contact your representatives, however, Darrel Issa was already refused to see the agreement. However, more interest from the general population can only be a good thing. We’re going to have elections this year in the US, so it’s a good idea to get people thinking about this trade agreement now and stop it before it’s ratified.