Business
TikTok on the Clock: US Appeals Court Hits the “Ban” Button
The winds of Washington are blowing icy cold for TikTok this December. A federal appeals court panel handed down a ruling today that could send the app packing— or at least force it into a kind of corporate divorce.
The US Court of Appeals for the District of Columbia Circuit has today declared the law threatening TikTok’s existence to be totally constitutional, leaving the platform to fight for its digital life. In short, TikTok has until mid-January to break ties with its Beijing-based parent, ByteDance, or risk an outright ban in the United States. TikTok responded with the following statement: “The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue. Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people. The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the US and around the world on January 19th, 2025.” The Free Speech Shuffle TikTok played the First Amendment card, arguing that banning the platform would stomp on Americans’ free speech rights. But the court wasn’t having it, throwing in a little verbal aikido about protecting actual freedom. “The First Amendment exists to protect free speech in the United States,” the court wrote, presumably while straightening its tie in a metaphorical mirror. “Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.” Translation: TikTok, it’s not you — it’s China. |
TikTok has been accused of being influenced by the Chinese Communist Party.
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ByteDance’s Legal Tango
TikTok and its parent company, ByteDance, is already planning to appeal to the Supreme Court because apparently, they’re gluttons for punishment. And hey, why not? When you’re staring down a deadline that could nuke your entire US business, you either fight or fold. But here’s where it gets interesting: the same President-elect Donald Trump who once tried to fire TikTok like it was a contestant on The Apprentice now says he’s against a ban. Trump has promised to swoop in and “save” the platform during his second term. The law itself was signed by President Joe Biden in April, marking a rare bipartisan moment in a town otherwise allergic to cooperation. For years, Washington has been gnashing its teeth over TikTok’s ties to the Chinese government, accusing the app of being a national security threat disguised as a dance challenge factory. Of course, critics argue this is about power. TikTok’s cultural dominance has made it an unpredictable disruptor, threatening not only Big Tech’s grip on social media but also giving the average American teen more clout than your local senator. Government officials argue that the app’s voracious appetite for user data could lead to sensitive information, from browsing histories to biometric identifiers, being vacuumed up by the Chinese communist government. But the main issue? The proprietary algorithm, that magical machine-learning potion that keeps you scrolling at 2 a.m., is painted as a weapon of influence — a subtle but powerful propaganda tool ready to tweak your feed for Beijing’s benefit. Except, there’s a catch: a good chunk of the government’s evidence for these claims is locked behind classified curtains. TikTok’s attorneys — and by extension the American public — are left in the dark. |
More than 170 million Americans use TikTok.
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TikTok Fights Back
TikTok has steadfastly denied being a Chinese Trojan horse, insisting that no evidence exists to prove they’ve ever handed over data to Beijing. As for the algorithm? TikTok says any suggestion of manipulation is pure speculation. Their legal team hammered home that the government’s arguments rely on what might happen in the future — a slippery foundation for ripping apart a platform that’s glued to the cultural zeitgeist. But the Department of Justice isn’t just playing futurist. It has hinted — vaguely and ominously — at unspecified past actions by TikTok and ByteDance in response to Chinese government demands. The key word here is “unspecified,” because whatever receipts the DOJ might have, they’re conveniently out of reach for TikTok’s lawyers, the media, or anyone else. A Courtroom Tango: First Amendment vs. National Security The appeals court panel, a politically mixed trio of judges, seemed as torn as the rest of us about how far Uncle Sam can stretch its First Amendment arguments to justify banning an app with foreign ties. Over two hours of oral arguments in September, the judges volleyed tough questions at both sides. Can the government really shut down a platform just because it’s foreign-owned? the judges asked, channeling TikTok’s core argument. On the flip side: What happens if this platform turns into a covert disinformation campaign during wartime? they wondered, invoking wartime-era laws restricting foreign ownership of broadcast licenses. Both sides twisted themselves into legal yoga poses. TikTok’s lawyer, Andrew Pincus, argued that a private company — even one with foreign owners — deserves constitutional protections. The DOJ’s Daniel Tenny countered that the government has a duty to head off potential foreign interference, even if the threat isn’t fully realized yet. $2 Billion in Data Defenses TikTok itself hasn’t just been sitting back while lawyers spar. The company claims it’s invested over $2 billion to fortify its US data, including setting up Project Texas — a heavily marketed initiative to store American user data on servers managed by Oracle. ByteDance has also floated the idea of a comprehensive draft agreement that it says could have eased Washington’s fears years ago. But according to TikTok, the Biden administration ghosted them, walking away from the negotiating table without offering a viable path forward. The DOJ insists the draft didn’t go far enough, but skeptics wonder if the government’s hardline stance is less about national security and more about flexing control over Big Tech. Divestment Drama Washington’s solution to the TikTok dilemma sounds deceptively simple: ByteDance should sell the US arm of TikTok. However attorneys for the company argue that such a divestment would be a logistical and commercial nightmare. And without TikTok’s algorithm—intellectual property that Beijing is unlikely to let go of—the app would lose its magic. Imagine TikTok without its eerily intuitive feed: it’d be MySpace 2.0, a ghost town for millennials waxing nostalgic. Still, some sharks smell blood in the water. Billionaire Frank McCourt and former Treasury Secretary Steven Mnuchin have rallied a consortium with over $20 billion in informal commitments to snap up TikTok’s US operations. TikTok isn’t going down without a fight and it’s bringing allies to the battlefield. The company’s legal challenge has been bundled with lawsuits from several content creators, who argue that losing the platform would gut their livelihoods, and conservative influencers who claim a ban would silence their political speech. TikTok, ever the sugar daddy, is footing the legal bills for its creators — a savvy PR move if ever there was one. The Clock is Ticking If TikTok’s Hail Mary appeal to the Supreme Court fails, it’ll be up to President Trump’s Justice Department to enforce the ban. That means app stores would have to scrub TikTok from their offerings, and hosting services would be barred from supporting it. And what happens to the millions of creators, small businesses, and teenagers who’ve turned TikTok into a cultural juggernaut? Well, they’ll probably migrate to Instagram Reels or YouTube Shorts—platforms that coincidentally happen to be owned by US tech giants who’ve been salivating at the thought of TikTok’s demise. This is far from over. |
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Business
Trudeau leaves office with worst economic growth record in recent Canadian history
From the Fraser Institute
By Ben Eisen
In the days following Prime Minister Justin Trudeau’s resignation as leader of the Liberal Party, there has been much ink spilt about his legacy. One effusively positive review of Trudeau’s tenure claimed that his successors “will be hard-pressed to improve on his economic track record.”
But this claim is difficult to square with the historical record, which shows the economic story of the Trudeau years has been one of dismal growth. Indeed, when the growth performance of Canada’s economy is properly measured, Trudeau has the worst record of any prime minister in recent history.
There’s no single perfect measure of economic success. However, growth in inflation-adjusted per-person GDP—an indicator of living standards and incomes—remains an important and broad measure. In short, it measures how quickly the economy is growing while adjusting for inflation and population growth.
Back when he was first running for prime minister in 2015, Trudeau recognized the importance of long-term economic growth, often pointing to slow growth under his predecessor Stephen Harper. On the campaign trail, Trudeau blasted Harper for having the “worst record on economic growth since R.B. Bennett in the depths of the Great Depression.”
And growth during the Harper years was indeed slow. The Harper government endured the 2008/09 global financial crisis and subsequent weak recovery, particularly in Ontario. During Harper’s tenure as prime minister, per-person GDP growth was 0.5 per cent annually—which is lower than his predecessors Brian Mulroney (0.8 per cent) and Jean Chrétien (2.4 per cent).
So, growth was weak under Harper, but Trudeau misdiagnosed the causes. Shortly after taking office, Trudeau said looser fiscal policy—with more spending, borrowing and bigger deficits—would help spur growth in Canada (and indeed around the world).
Trudeau’s government acted on this premise, boosting spending and running deficits—but Trudeau’s approach did not move the needle on growth. In fact, things went from bad to worse. Annual per-person GDP growth under Trudeau (0.3 per cent) was even worse than under Harper.
The reasons for weak economic growth (under Harper and Trudeau) are complicated. But when it comes to performance, there’s no disputing that Trudeau’s record is worse than any long-serving prime minister in recent history. According to our recent study published by the Fraser Institute, which compared the growth performance of the five most recent long-serving prime ministers, annual per-person GDP growth was highest under Chrétien followed by Martin, Mulroney, Harper and Justin Trudeau.
Of course, some defenders will blame COVID for Trudeau’s poor economic growth record, but you can’t reasonably blame the steep but relatively short pandemic-related recession for nearly a decade of stagnation.
There’s no single perfect measure of economic performance, but per-person inflation-adjusted economic growth is an important and widely-used measure of economic success and prosperity. Despite any claims to the contrary, Justin Trudeau’s legacy on economic growth is—in historical terms—dismal. All Canadians should hope that his successor has more success and oversees faster growth in the years ahead.
Business
Greenland Is A Strategic Goldmine
From the Daily Caller News Foundation
By John Teichert
President-elect Donald Trump recently snapped the gaze of the national security establishment to an often-overlooked geographical feature — Greenland.
Trump’s comments have been enough to start a long-overdue conversation about the semi-autonomous territory owned by Denmark, a landmass that retired Admiral James Stavridis, who served as the Supreme Allied Commander for NATO, has called “a strategic goldmine for the United States.” Stavridis was speaking both literally and figuratively.
Trump has likely done something that many of the so-called national security experts have never considered: He has looked down on a globe from the top. The traditional U.S.-centric view does not tell the full story nor provide the proper perspective. A top-down glance unveils key observations that reveal the wisdom of focusing on a geographic feature that has been brushed aside for far too long.
Greenland and the entire Arctic region are typically considered simply rugged and quaint. Yet, their significance must be properly elevated as a fundamental component of U.S. national security and economic interests. Trump has done just that.
A North-Pole-centered perspective reveals that Greenland is the largest geographical feature in the Arctic region. As a result, it holds oversized strategic significance in controlling land, sea, air, undersea and space domains for a substantial part of the planet. Proper utilization of the Greenland landmass creates opportunities for multi-faceted dominance of the entire region.
This same perspective reveals a massive trade route, given the right climatic conditions and ice-breaking capabilities. It provides a maritime shortcut between the East Coast and the West Coast of the United States, and similarly for trade between Europe and Asia.
The Houthis in Yemen have reminded the world of an important economic truth — the ability to shut down transit through a key trade route can have ripple effects on the global economy. Suffocating transit through the Red Sea has tripled the cost of shipping from Asia to the East Coast of the United States, enacting huge global inflationary pressures. These negative impacts would be dwarfed by a nation that could control and restrict transit through the Arctic Ocean.
The view from the North Pole also enlightens the viewer about the closer-than-expected proximity between Russia and North America. The protective buffer of the Atlantic Ocean does not tell the full story, and the distances between the United States and Canada and their Russian adversary are much shorter than would otherwise be understood.
Through this literal worldview, Greenland looms large in its significance. This is especially true when it is properly viewed as the primary barrier between Russia and the east coast of the United States. Such positioning provides the rationale for the United States Space Force’s posture on the island with its early warning radars and space control systems – situated to protect against strategic surprise.
Trump’s strong statements about proper economic and strategic utilization of Greenland have been informed by such strategic orientation. These statements are also a natural extension of his rightful insistence that European NATO members pay their fair share to meet collective defense requirements.
While the United States has a commendable 75-year history of supporting European and collective security, fair share also means that America’s European allies must support North American security. That starts with Greenland and continues with a robust strategic focus on the Arctic region.
None of this addresses the largely untapped and abundant natural resources in the Arctic region, from oil and natural gas to precious metals and rare earth minerals, which are desperately needed to sustain a thriving modern global economy. Calling it a goldmine is not hyperbole.
Not only have Trump’s comments gained our attention, but they have also captured the attention of Greenland’s Prime Minister Múte Egede. Egede has eagerly proclaimed that his territory is poised to enhance its collaboration with the United States regarding natural resources and security efforts.
Thus, with just a few words informed by a properly oriented security perspective, Trump has already motivated and cultivated a collaboration that could strike gold for American interests.
United States Air Force Brigadier General John Teichert (ret) is a prolific author and leading expert on foreign affairs and military strategy. He served as commander of Joint Base Andrews and Edwards Air Force Base, was the U.S. senior defense official to Iraq, and recently retired as the assistant deputy undersecretary of the Air Force, international affairs. General Teichert maintains a robust schedule of media engagements, and his activities can best be followed at johnteichert.com and on LinkedIn. General Teichert can be reached at [email protected].
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