Commerce Department Prohibits WeChat and TikTok Transactions
commerce.gov
commerce.gov
What's more disappointing is watching the thunderous applause from technologists here and elsewhere as software is outlawed which is not otherwise illegal and is not being litigated as illegal. We should not cheer on the restriction of any software on nationalistic terms. Content is one thing, physical equipment another, but algorithms should be borderless. Most in the community disagree with encryption export restrictions, why can't they similarly disagree with software import restrictions? 2A groups recognize slippery slope precedents, why can't technologists?
If the content/data is being harvested and/or managed illegally, then make that illegal and/or prosecute under that pretense (even if the evidence is subject to national security non-disclosure). Otherwise, it's obvious this is political posturing at the cost of digital freedom. It should be as widely condemned as government surveillance has been.
(reposted from the now-buried https://news.ycombinator.com/item?id=24515461)
It's easier to verify what a borderless, open algorithm does.
It's a lot harder to do that with packaged software.
Has TikTok posted the source of their app publicly the same as those borderless and open algorithms? Can we verify what we install is the same as that posted source with no changes?
You can ban finished products without banning their constituent parts.
American companies probably do many of the things that Tiktok does, but this is political and that's where the unfairness comes from.
"Where were you when your country first started banning software?"
TikTok operates in US under US laws, that's technically fair and reciprocal. If people mean reciprocal in spirit, like joint venture, then TikTok partnering with Oracle and storing data in US server is reciprocal in spirit. You can apply this reciprocal state of exception for all Chinese companies in US, provided JV partners reciprocate in perks (i.e. in China JVs provide massive land and other subsidies). You can even legislate tech transfers for TikTok's algorithm. And for the purpose of trade and commercial entities operating to make a profit that's sufficient.
But I surmise the crux of these bad-faith reciprocal arguments is that US should be able to impose its values on foreign markets, and US companies should be able operate in those markets to spread US values like how Chinese platforms operating under US values can shape US opinions. That's valid, but an that's a conversation well past trade fairness which TikTok has already met.
But this isn't about trade fairness, this & Clean Network is about Chinese containment and US hegemony. And that's also valid. China's going to do what they do, the question people here needs to ask is should America also do what China does.
Any company who has lots of data (every tech company) that is successful can easily fall victim to this.
You would think that this ban would be a topic in the election but as far as I can tell democrats are fully onboard with the whole "china bad" thing and restricting social media.
In response to the tariffs, China also ended their domestic ownership rules (requiring 50% ownership by Chinese companies) for auto companies and financial institutions.
I’m sure there are many who believed this, but I’m also sure there are many like me who supported it solely because it would hurt China, knowing full well that the companies would just move their manufacturing to Vietnam, India, Mexico, etc.
I personally think it’s better to make financial sacrifices now and try to isolate China from the rest of the world, instead of waiting for them to do to Taiwan, Laos, Thailand, Japan, etc. as they have done to Mongolia, Tibet, Xinjiang, Hong Kong, etc.
Tariffs may look good in the short term, but China thinks long term. They only have to wait 4 years, and they can probably get EOs/tariffs changed or rolled back. Long term changes happen from deepening Chinese relationships and passing laws.
Passing laws can also easily be overturned and ignored, and usually amount to nothing because the process is so slow.
Trump’s actions (and China’s reactions) have rightfully turned CCP’s into the worlds greatest enemy. It’s not just the tariffs that will force companies to leave China (and they’re unlikely to return once they’ve set up base elsewhere, and once India, Vietnam, Taiwan, etc. establish manufacturing hubs capable of assembling high tech), you also have Huawei not being allowed to use Android and chips with US tech (which will basically kill their phones) and being blocked from building 5G networks (even paying other nations to block them as well), China Mobile being blocked from offering services in US, HK special status being revoked, pushing for China to lose their WTO developing country status, continuously reminding the world that China are responsible for the Wuhan virus. Trump also managed to force Universal Postal Union to allow countries to raise postal rates (something China have been abusing, forcing other countries to cover shipping costs for cheap junk brought on aliexpress), his administration also requested Meng Wanzhou’s arrest in Canada which resulted in China arbitrarily arresting Canadian citizens, he was the US President to speak directly with Taiwan’s President since 1979, he made the largest arms sale to Taiwan in the past few decades, TAIPEI Act and Hong Kong Human Rights and Democracy Act was signed under his administration, and he’s now banning TikTok and WeChat.. I could probably find many more things to add to the list, but my point is that unlike previous administrations (and other countries), he’s actually doing something meaningful to stand up to China.
Think Russian election meddling was bad in 2016? It was amateur hour, basically just memes and bots and on the level of what a determined 4chan mob can accomplish. China armed with deep social graph data could completely own an election. They are better financed and smarter.
There is a ton of naïveté on display here.
which government is this? It doesn't narrow it down.
> It was amateur hour, basically just memes and bots and on the level of what a determined 4chan mob can accomplish.
I think you underestimate the technical acumen of the Russian psyops campaign. Do not measure it by what it looks like measure it by its outcome.
Don't underestimate the Russians, ever.
> There is a ton of naïveté on display here.
True
It's not that American firms don't act equally despicable with our private data, it's simply that the US has the ability to punish them.
The CCP is obviously doing the same thing, which is why the majority of comparable products to these services is not allowed in China.
If you're going to abuse privacy law, vacuum up PII and behaviorals, and send them to a foreign government database used for blackmail[1] then yes, we're going to freeze your transactions and tell you off.
[1] - https://www.spectator.com.au/2020/09/why-we-should-be-worrie...
WeChat in particular is de-facto a tool of the CCP, it's a giant information gathering and control apparatus that is used to serve the organs of CCP authoritarianism.
It's 'disappointing' that people don't seem to understand the nature of these systems.
If you dare to 'say the wrong thing' on WeChat - you risk your life and career to arbitrary detainment and punishment. If you speak out on HK protests on WeChat, you may very well never be able to enter the country, and your peers will be flagged.
Here's some research [1]
WeChat censorship [2]
Here's is Amnesty International's view of WeChat Tencent - literally 0/100 score for 'privacy'. [3]
The CCP implants state organs into every company in China, a 'private controlling entity' to ensure the board, executives comply with state directives [4]
From the Guardian: "One recent survey by the Central Organisation Department, the party’s personnel body, found that 68% of China’s private companies had party bodies by 2016, and 70% of foreign enterprises. Although these figures sound high, they don’t match the targets the party has set for itself. In Xi’s old stamping ground of Zhejiang, for example, officials set a target in August 2018 to have cells inside 95% of private businesses." [5]
Tencent/WeChat, possibly TikTok - they are under the control of the CCP and far from being any kind of source of 'freedom' - they are 'enemy number 1' in creating a dystopian nightmare.
The actions against Tencent/Bytedance should not be arbitrary edicts from the White House - issues need to be codified in law, or in terms of trade policy, and then applied fairly and objectively, but the outcome is appropriate.
[1] https://citizenlab.ca/2020/05/we-chat-they-watch/
[2] https://citizenlab.ca/2020/05/wechat-surveillance-explained/
[3] https://www.amnesty.org/en/latest/campaigns/2016/10/which-me...
[4] https://thediplomat.com/2019/12/politics-in-the-boardroom-th...
[5] https://www.theguardian.com/world/2019/jul/25/china-business...
Each of the major empires (US, China, Russia) will create their own walled ecosystems for harvesting and cataloging data about their populace, and will fiercely resist any attempts by the others to gain a purchase.
I wonder how far down the stack that fragmentation will occur.
Until countries begin imposing these types of bans in a non-reciprocal fashion (i.e., targeting countries other than China), there is no reason to believe that the internet will become further fragmented outside of China. Furthermore, the main goal of reciprocal retaliation is to discourage the original activity, so if anything, reciprocal actions by India and the US will prevent further fragmentation of the internet.
Arguing that the US should not engage in these actions is like arguing that Canada should not respond to US-imposed tariffs with its own tariffs on US goods. Failing to reciprocate would lead to more tariffs, not less.
Let’s pretend that relativism is flawed. Now make your argument.
So basically Apple users are screwed because of their strict control of their OS, but Android users will be fine, because you can just go to http://www.wechat.com/ and hit "Direct Download" and bypass the Google Play store entirely.
Yay Android!
The argument for import restrictions is giving up control to foreign governments.
For example, Europe is in a very rough spot because their countries run on software built by US companies, subject to the whims of US law enforcement.
The biggest threat being 3 letter agencies. The CIA does a lot of spying on behalf of US corporations to drive US corporate interests. [0]
The US army banned Tik Tok from service member phones because of the risk of leaking data on troop movement, sensitive communication on the device outside of Tik Tok, etc [1]
[0] https://www.washingtonpost.com/graphics/2020/world/national-...
[1] https://www.wired.com/story/army-bans-tiktok-cloud-hopper-em...
Luckily Europe doesn't do any spying.
https://thecorrespondent.com/6257/how-european-spy-technolog...
The critical difference is US companies own Europe's communication infrastructure (Windows, Office 365, GSuite, Azure, AWS, Slack, etc), and not the other way around.
Problem is, the US government does not own US companies.
After the Snowden leaks, for example, Google did a lot of hardening to its servers i.e. ensure all of its internal traffic is encrypted.
If you have evidence that Microsoft, Amazon and Google are totally willing to forgo the security and privacy interests of their customers in favor of pleasing the US Government, please, present some evidence for it. I'm eager to read it.
Second are National Security Letters [1]
Lavabit, a secure email provider used by Snowden was allegedly sent a NSL [2]
[0] https://en.wikipedia.org/wiki/Microsoft_Corp._v._United_Stat...
[1] https://www.eff.org/issues/national-security-letters/faq
[2] https://www.fastcompany.com/2682825/lavabit-snowden-s-allege...
The first is Microsoft opposing an effort by the US government to force it to hand over information stored on servers physically outside the US. Which proves my point.
The second is an FAQ by the EFF about National Security Letters. These are times when the government covertly forces American companies to hand over information. Which is stupid. But it has nothing to do with the fact that US companies control certain parts of IT infrastructure in Europe. You don't think Siemens and DeutcheTelekom turn over information to the German government?
The third one is a totally unrelated story about Edward Snowden's e-mail service. Not sure what that has to do with anything. What company would want to host his email? He's a walking target for state adversaries.
So again, if you have links that prove your point, please post them -- but these do not even come close.
Chinese Communist Party puts unfair restrictions so why others should allow CCP to have free reign?
What can we do to ensure this happens?
"""What they collect are data on locality, data on what you are streaming toward, what your preferences are, what you are referencing, every bit of behavior that the American side is indulging in becomes available to whoever is watching on the other side."""
Well, shit. If that's the concern, I hope nobody's told them about blogs, YouTube, or the Internet.
Again, the concern is not that that is happening, but that it's happening by people not under control of the US elite. The hyper-partisan news organisations of the US engage in "opinion manipulation" just fine, as does Facebook.
Wow, no. This is not it.
Facebook is not interested in influencing the outcomes of elections, and the US Gov is not using FB to do so directly - other than to ban egregious misinformation and to allow any legit actor to participate.
WeChat/TikTok are organs of the state - they can and are used at will by CCP organs for censorship, control, monitoring etc. - for any reason, at any time, at any whim.
The moral equivalence arguments being made are simply out of touch with the operational realities of companies in the China vs. US/Europe etc..
First - you mean 'graft' not 'grift'.
Second - Trump's indicating that 'the US should get a cut' is just ridiculous and bizarre. He's not getting a cut, so it's not really 'graft' - but it just plays into his deal-making instinct that the US 'is a player and ought to get a piece'. He's just blatantly ignorant. There is 0% chance of this happening, there are 0 people in his circle that would ever conceive of such a thing, it's just one of those 'Trump things' they smile and ignore.
graft: noun, a shoot or twig inserted into a slit on the trunk or stem of a living plant, from which it receives sap.
Edit: Ugh nevermind I found more definitions of graft. Google only showed the plant/medical-related ones by default.
The USA is becoming a banana republic.
If the answer to that question is no, then we should treat Chinese apps the exact same way that China treats American apps. Otherwise we're just getting hilariously abused.
Edit: It's called reciprocity. The US can operate a free market and trade with other countries that also operate free markets. We cannot, and should not, allow the US free market to be abused by foreign governments. If China does not want American companies to operate in China the US should reciprocate. Otherwise we're just being taken advantage of. It's not a violation of American free market principles. Just look at the whole fiasco with AirBus subsidies. The US should only engage with foreign governments that respect free trade.
One hopes your attitude towards reciprocity stops at software. "we should treat Chinese [NOUN] the exact same way that China treats American [NOUN]" is a scary Mad Lib.
If China and other governments are intolerant of our content, code, and signals, why should we be tolerant of theirs?
The same can be applied to software and algorithms. These cannot be allowed to perpetuate evil practices in the name of liberty.[1] I don't see a problem when apps doing that get banned. Though I do understand that people will differ on how to do that.
Took me a few reads to understand your point of contention, but I'm pretty sure I described it accurately. Their intolerance of our products over whatever concerns they have justifies our intolerance of their products for the same.
Is the USA the right regime to morally champion this cause? It the real reason for these bans even remotely associated with this moral objective? I'll leave that up to the reader.
But: with what's happening at the behest of the people who ultimately and directly control the censorship and data of these applications, there is no further difficulty in applying "intolerance to intolerance" in this case.
Are you saying if the US puts a tariff on aluminum from Canada we’re not holding ourselves up to our ideals of freedom?
Also - WeChat is a legit threat even outside the bounds of security.
Game Theory:
'True Free Trade' - everyone gets 10 points 'All Borders Closed' - everyone gets 0 points 'One side opens, one side closed' - the closed side gets 20 points, the open side 5
Somewhat like a prisoner's dilemma.
Finally - there is hardly an argument to be made with 'open' or 'freedom' on platforms that are completely controlled, censored, used as tools of suppression and authoritarianism.
We're not emulating China, we're reciprocating their behavior exclusively with regard to China. We don't ban German, Japanese, Korean, or companies from other nations from operating in the US, do we? No.
The companies that are banned in China are the companies that do not agree to censor political content. That's where you get Facebook, Google, Twitter, etc. not being able to operate in China.
Western companies have a massive presence in China - far greater than the presence that Chinese companies have in the West. The top three auto brands in China are Volkswagen, Honda and Toyota. China is the world's 2nd largest aviation market, and Boeing and Airbus dominate the Chinese market. American restaurants, such as Starbucks, McDonald's and KFC, are everywhere in China. Chinese malls are filled with American, European and Japanese brands. Up until the trade war began, most Chinese people strongly preferred foreign brands like Apple - though I think this is changing, due to the hounding of companies like Huawei and TikTok by the US government.
The strange thing is that most Westerners believe that China shuts out foreign companies, and it's difficult to even begin to express just how wrong that impression is. China's development was driven by foreign capital - to a large extent meaning foreign companies entering China either to manufacture there or to sell to Chinese consumers. As a result, foreign companies have a huge presence in China.
They allowed foreign companies in the 90s to operate in China but in partnership with the Chinese thus foreign companies were literally training their own future replacement. Foreign companies only saw short term $€¥ signs as always. Fast forward to today and there is very little Chinese market left for foreign companies to conquer.
I find it difficult to hate the Chinese for not repeating the mistakes of the 19th century and playing it smart.
I don't like that idea very much. We're supposed to be above that.
low bar
What you're saying there in this reply is essentially that every country should just close itself off to the rest of the world and operate on its own technologically. I don't believe this is a point of you held by the majority, not even would I believe you if you told me you hold this view (since I've seen your posts before and I don't think this is something you think).
You know that's the political equivalent of saying "I hold the view that it's good that other people have to give me stuff and I don't have to give anything back"?
EDIT: (throttled by HN, can't reply to below comment)
> what are you doing regularly posting (in dissent) in a community that, in your own words, holds a globally contrarian view to yours?
I enjoy the interactions and discussions. I'm not winning hearts and minds but I don't pretend it matters.
Also I'm not necessarily shooting down the policy, truthfully it's one of those things where I don't feel comfortable having an opinion because it's such a complex subject. I'm just pointing out the hypocrisy of this attitude, treating every other country on earth like dirt and being all pikachu-shocked-face when it happens to you.
Maybe it's a contrarian attitude here because most of the non-US world is sick of this american exclusionism bullshit. I sure am.
Canada reciprocating protects the free flow of trade by discouraging further tariffs. Similarly, here, India and the US reciprocating protects the free flow of software/information by discouraging CCP bans.
Bringing Freedom to Iraq, and Democracy to Afghanistan, etc.
The first question to be asked should be 'How is this affecting Americans and their rights' and not how 'this didn't seem to work in China.' Especially seeing the ban applies only to the US.
The more apt comparison would be for the US to block all apps made by countries that aren't subservient to the US. Eg. Apps from North Korea, Iran, china, Russia, etc
You mean like this? "A special clearing house designed to allow European companies that trade with Iran to bypass newly reimposed US sanctions will be set up in Europe within months, possibly in France or Germany." [1]
[1] https://www.theguardian.com/world/2018/nov/06/european-clear...
You can tolerate the heck out of intolerance... until the intolerance mobilizes and then you put a stop to it. E.g. "I defend the right for you to say bad things about people, but if you harm them or try to restrict their rights, we put a stop to that hard, right now".
Theoretically, if the idea is sufficiently infectious, it could infect enough levels that laws can be passed that change it so that the harm is legal (but never moral); but, I hope that humans will resist long before that.
Why tolerate speech whose purpose is to threaten, plan or incite violence, but only ban the violence itself? Surely if all speech is to be considered equal, then intended consequences of all speech should also be considered equal. Speech that can't be acted upon is no different than speech that's been censored.
Preventing a fire by denying it fuel is easier than putting it out afterwards. Likewise, preventing the effects of harmful speech is easier by preventing its spread.
>Theoretically, if the idea is sufficiently infectious, it could infect enough levels that laws can be passed that change it so that the harm is legal (but never moral); but, I hope that humans will resist long before that.
The history of the 20th century would like a word with you after class.
This list has a vanishingly small list of exceptions.
You fight harmful speech in the marketplace of ideas, by convincing those who might listen to ignore or counter it. Fighting it by forcibly banning it is just might-makes-right.
Let's rewrite your assertion in more general terms: The problem with banning any "harmful" activity is creating the justification to ban any activity by labeling it "harmful."
Further: The problem with banning "murder" is creating the justification to ban any activity by labeling it "murder."
It's logically consistent, and grammatically coherent. "Harm" is just a word like "murder" that can mean anything we decide it does. But there's nothing about speech within a framework of regulation which makes it more amenable to the slippery slope than any other activity, yet somehow we manage to live in a society where arbitrary activities aren't persecuted as murder, because human beings are capable of exercising judgement and discretion, and of appreciating context and nuance.
Therefore it should be possible to define "harmful" speech in such a way that distinguishes harm from not-harm.
The slope may exist, but it isn't that slippery. And if it gets too slippery, we're perfectly capable of installing a railing.
>You fight harmful speech in the marketplace of ideas, by convincing those who might listen to ignore or counter it.
Do you think that QAnon or anti-vaxxers or white supremacists are unaware of arguments to the contrary of their beliefs? That they only believe what they do because no one has ever engaged them in a debate in the "marketplace of ideas" and convinced them otherwise? If that was all it took, these cancerous memes would not have gotten as big as they have. The majority refuse to be convinced, so you've already lost on that front.
By the time you've laid out your well formed and thoroughly sourced counterargument to whomever you find who actually cares to listen to it, Facebook memes and retweets by the President of the United States have already convinced ten thousand people that Bill Gates created COVID as an excuse to implant mind control chips into the populace so he and the Illuminati can more easily harvest their brain syrum, and the person you tried to debate is now convinced you're a disinfo shill and that Alex Jones was right after all.
You fight harmful speech with both education and regulation.
>Fighting it by forcibly banning it is just might-makes-right.
No, it just means that a marketplace of ideas can still have standards and be a marketplace. A marketplace without rules is inevitably overrun by bad actors, charlatans and snake oil salesmen.
(I see many posters saying the US should pass legislation like the laws that China has, rather than respond in a surgical, targeted way. Doing so would have far more restricting effects.)
When US imposes tariffs on Canada, we expect Canada to impose reciprocal tariffs on the US; these serve to discourage the original action (US-imposed tariffs), and encourage the free flow of trade. Similarly, reciprocal reactions by India and the US serve the exact goal that you mentioned -- leading by example, discouraging other countries from imposing the same restrictions in non-reciprocal ways, and encouraging the free flow of software/information.
Who cares if any of those companies can operate in China freely? It's really their problem, not ours here on the forum to discuss on a post that removes our options and choices. What is important to discuss is whether or not portions of the US Government are acting illegally in blocking or interfering with freedom of action and speech BY INDIVIDUALS. Fuck the companies. They caused this problem.
Do I not have a right to buy a product and use it? Do I not have a right to use an application with which I best communicate with the people who are important to me? Is it not the US Government's job to oversee the communications coming in from outside our borders and protect us from the harm that may be leveled against us by a nation state's transmissions? Why is it the state insists on making illogical choices that place us in a double bind?
Why is it that our actions are now being very clearly limited? Why is it that we continue to allow our liberties to be removed, one sliver at a time, because of big business greed?
Do Discord and Facebook not transact with individuals?
Clearly, Western society has decided for some time you do not have this right. Numerous products are banned, sometimes for good reasons, other times purely for the benefit of one private actor(s) over another. Generally we use a "democratic", legislative, rule-of-law based process to decide these issues, for all it's numerous flaws. One of the problems in this instance is the capriciousness of the decision, though FWIW it does seem at least loosely based in "national security" powers delegated to the president by Congress.
There will always be such bans on specific commerce. We need a return to a functioning legislative branch, responsive to the needs of the people.
It may be a bit naive on my part, but in theory restricting free trade on this basis just makes us poorer. As long as two parties are trading, they both get benefits.
If reciprocal retaliation to China's arbitrary bans on US and European Internet service companies is bad, then so is reciprocal retaliation to US-imposed tariffs; but that fails to appropriately discourage the US from imposing more tariffs, and leads to greater restrictions on free trade, not less.
[1] https://www.cnbc.com/2020/08/07/canada-to-impose-tariffs-on-...
Use this "The Chinese Communist Party (CCP) has demonstrated the means and motives to use these apps to threaten the national security, foreign policy, and the economy of the U.S. "
I haven't seen a more blatant lie in the US history known to myself...
Actually yes, as long as they adhere to Chinese data laws. That's why iMessage, FaceTime, Skype, etc are all able to operate freely in China. All those laws apply to Chinese companies too.
What American data law can TikTok/WeChat adhere to to operate here? Do those laws apply to American companies as well?
It would be completely different if the US came together with the EU, UK, Canada and South America in combating China, but unfortunately the US has decided to instead go after those countries as well.
If everybody is practicing this 'reciprocity' thing, everybody would have their own GFW, censorship, and propaganda machine at the end of the day.
It's funny that they're saying that like Room 641A isn't public knowledge.
Of course, when it's the NSA cloning data out of AT&T to spy for Uncle Sam, it's the good spying. ;)
That's different though because china scary
The two systems are not the same, ideologically and in function and methods. It's fair to think they are equally evil, of course.
How are those the same?
Probably yes? :)
I guess Canada goes in with Euro-net?
This is of course unlikely to happen as EU and US fairly operate in the free market.
China has less incentive to go after me, and what are they gonna do to me? It's not like the United States will extradite their own citizens to China or anything like that.
The United States could easily use my data to come after me at some point, if they decide to. They could make my political viewpoints illegal (like the McCarthy Era) and find evidence of my views from my data and throw me in jail or worse.
Seriously, I don't think CCP cares about you enough to pay people who write good English (not so easy to find in China, surprise!) to try to influence your opinion on an online forum.
It's not a theory, it's been documented. I believe the New York Times was the most recent publication to run an article about it.
It's exactly the opposite, at least for 2020.
Holocaust survivors would find your hyperbole disgusting.
Some actual holocaust survivors do not, and consider it similar to their lived experience, not hyperbole. (https://www.dallasnews.com/opinion/commentary/2018/06/19/a-d..., https://www.thedailybeast.com/holocaust-survivor-yes-the-bor...)
This is a point of record; no need to hypothesize.
You beat that by having a better value system, and in theory, The value system in the United States is one of freedom of speech and association. If the government has to tell Americans that they can't use a particular messaging system, it's going against that value system. Does one's value system win if one compromised it to get there?
This is oblivious to what's actually happening. It's quite clear that the CCP's objective is to extend their internal thought controls globally, by any means available - economic extortion, blackmail, bribes, etc. Just because you don't live in China doesn't mean you're safe from this.
One recent example is using economic extortion to prevent NBA managers from criticizing the regime. They do that kind of thing publicly and privately all over the world.
CCP is gathering data on everyone in the world into a giant training database for their AI, which they'll then use to discover and target people for further thought control - politicians, citizens in positions of influence, etc. If not opposed, it will create an incredible chilling effect on free speech throughout the world.
In the West, not only can we elect reps to change laws to protect us from this, we have a mostly independent judiciary to strike down unconstitutional laws or to hold organs of the state like NSA and CIA accountable. CCP has none of that - no free elections, and their courts are an organ of the CCP, not independent.
If the world doesn't push back on this hard right now, it will only get much worse. How many times do we have to learn not to appease authoritarians? They see appeasement as weakness, and it only emboldens them.
Please let me know which representatives have 'reducing power and increasing accountability of the NSA' as part of their running platform in the upcoming election so I know who to vote for. I'll even compromise with 'bring back net neutrality', 'use of encryption as a universal right', or GDRP-level protections of consumer data.
Hell, if you can recognize something of the current USA goverment it is the effectiveness of their foreign policy. China is the remaining elephant in the room
" In mid-December, we detected a highly sophisticated and targeted attack on our corporate infrastructure originating from China that resulted in the theft of intellectual property from Google."
https://googleblog.blogspot.com/2010/01/new-approach-to-chin...
https://www.zdnet.com/article/chinas-cybersecurity-law-updat...
https://www.theverge.com/2019/1/23/18195200/microsoft-bing-s...
https://en.wikipedia.org/wiki/Censorship_of_the_iTunes_Store
I'm willing to entertain other ideas, of course, and I'd love to hear any flaws in my logic.
In the case of China, American companies are not treated fairly. We should reciprocate. Otherwise it's a lopsided engagement that will eventually result in Chinese corporate dominance. We can't operate in China, but they can operate in the US? No way.
Potential market share for chinese company: <population of world>
Potential market share for literally any other company: <population of world - population of china>.
Since <population of china> is ~1.4 Billion, and <population of world> is ~7.8 Billion, how does one not understand that a chinese company has an insane and unfair advantage.
China is one of the largest markets for a very large number of Western companies. If you ever go to China, chances are that the taxi that picks you up will be a Volkswagen, and the planes that take you from one city to the next will be made by Boeing or Airbus. You'll see Starbucks, McDonald's and KFC everywhere, and it's likely you'll stay in a Marriott or Hilton. If you go to the mall, you'll see foreign clothing brands everywhere, and the electronics shops will be filled with devices powered by Intel, Micron, Qualcomm, AMD, Nvidia, etc.
> It's insane to me that some people don't understand this when I discuss it with them.
What I don't get is how people believe that foreign companies don't operate in China. Have these people ever been to China?
Failing to reciprocate will merely serve to encourage these bans and lead to a further fragmented internet.
Has China ever done something that drastic to a US company? What $120-billion-revenue, 200k-employee US company has China ever sanctioned out of existence?
The striking thing about this trade war is how little China has retaliated against American companies. China could savage a lot of American tech companies that profit massively off the Chinese market. But the Chinese government appears to hope that the US will come to its senses at some point, and is therefore holding off for the moment.
I don't understand why this would be a difficult or controversial admission? It's obviously true, and precisely because China is blocking.
It's like I was to take my co-workers and play a soccer match against FC Barcelona, with a special rule added that our opponents cannot leave their side of the field. FC Barcelona would be right to admit they cannot compete in this game, despite being much more skilled players.
So, the special rule forbidding the FC Barcelona from leaving their side of the field also prevents the team of you and your co-workers from leaving your side.
There are laws in China that explicitly give Chinese companies an advantage (e.g. mining is completely off limits to foreign companies) but internet censorship is not one of those. Chinese companies have to deal with all the same bullshit, and foreign companies who do censor (like Apple and Microsoft) are still competing and doing quite well for themselves.
Why should we funnel data from our citizens to hostile foreign adversaries? Additionally, these are adversaries which don't allow any of our major services inside of their repressive firewall.
If you are in a fight and the other guy is playing dirty, not playing dirty is a great way to lose faster.
do not impose your western values on China, as the one true morally correct way of life. what China chooses to do is their decision; we are in no position to make any moral judgement on it one way or the other. in fact, in many ways "we" are the morally bankrupt ones. "we" have not just voluntarily, but even eagerly exported slavery to China. it's really great because we can claim a high standard for human rights at home, and ignore them over there.
anyway, it is 100% fair for China to close commerce within China to China-controlled or China-owned companies. this is not dirty behavior, not one bit. i'll go so far as to say, how dare you. it is completely within their right. it is also 100% fair for us (USA) to do so, or not, or to be arbitrarily selective about it.
so your comment also is that this is some kind of retaliation, a tit-for-tat. and that it's a competition for revenue. it is neither. it's recognition that China (the state) is collecting very powerful data on US citizens.
like it or not, we are at war with China. this data collection cannot be allowed.
If the problem is improper collection & use of data, we've be much better served by instituting strict privacy laws than ad-hoc bans by fiat. Even from a realpolitik standpoint, such a course of action has less potential for geo-political fallout because it is backed by legal statute rather than individual interpretation each scenario on the grounds of ill-defined "national security" or parity of trade.
If the intent is to ban them for the reasons you've listed, this is a disingenuous way to go about it and a court might see through the facade.
China also knows that oppressing an ethnic minority and placing them in forced labor is good for short-term economic success. America did this once, too, also in textiles no less, and concluded the same thing. Shall we go back to it so we can compete with China there too?
This actually makes the case for banning their products, not for being above banning their products though, right?
---
As of September 20, 2020, the following transactions are prohibited:
1. Any provision of service to distribute or maintain the WeChat or TikTok mobile applications, constituent code, or application updates through an online mobile application store in the U.S.;
2. Any provision of services through the WeChat mobile application for the purpose of transferring funds or processing payments within the U.S.
As of September 20, 2020, for WeChat and as of November 12, 2020, for TikTok, the following transactions are prohibited:
1. Any provision of internet hosting services enabling the functioning or optimization of the mobile application in the U.S.;
2. Any provision of content delivery network services enabling the functioning or optimization of the mobile application in the U.S.;
3. Any provision directly contracted or arranged internet transit or peering services enabling the function or optimization of the mobile application within the U.S.;
4.Any utilization of the mobile application’s constituent code, functions, or services in the functioning of software or services developed and/or accessible within the U.S.
---
That last piece especially is quite concerning, and seems like a clear overreach of federal authority, no? Don't know that I've ever seen execution of software alone as an enforceable offense, and as written it seems to outlaw even opening up the app if you previously have it downloaded.
Does that mean the two apps are essentially banned from iOS?
Android? You're right. I'm not seeing how they enforce that? Of course, one obvious solution is to force all the app stores to have some sort of review process that verifies all of the apps are functioning in a manner consistent with, um, "US government policy". Just depends on how far the guys in the Trump administration want to go.
That's the big one. That would suggest blocking by ISPs, something that is technically not easy and legally troubling. Do ISPs now have to block the activities of Chinese phones traveling to the US? That will take effort.
Also, pretty certain the execution of a worm or other malicious software is likewise illegal, whether it be by the execution or the result.
Which, true, is in fact an argument often made.
Software execution itself is not the issue. Criminal intent is the issue.
> The prohibitions raise the question of whether Google and Apple, the major operators of American app stores, could sue the administration.
> Tech companies have made clear that they don’t like the idea of blocking apps without a more organized policy process, and have suggested that they see this as a First Amendment issue, said Adam Segal, a cybersecurity expert at the Council on Foreign Relations.
> Mr. Segal said it was not entirely clear why the administration had chosen to go after these two Chinese services, and not other similar ones. “A lot of it just feels to me to be improvisational,” he said.
[1] https://www.nytimes.com/2020/09/18/business/trump-tik-tok-we...
Yet they're both perfectly fine with blocking apps for arbitrary reasons citing "app store policy".
Lets be blunt here, whether you agree with the Tiktok issue or not, for Apple and Google this is purely a money issue. They are probably afraid this will increase support for third party app stores among the masses
Phrased less disingenuously: Private companies are fine making decisions based on their own internal policies, as opposed to blocking certain apps based on nebulous requests/pseudo-demands from the government.
The Department of Commerce is saying that the Uniform Commercial Code is also a bit of a walled garden, and we can step in and prevent it.
A company can bar you from saying just about anything. You can be fired for wearing a tie your boss doesn't like (this never happens, but it's legal in 49 states). The government has very narrow parameters in which is can limit speech, or more accurately, punish you for given speech.
It's called the free market. Private businesses can make decisions as they see best, and the barrier for government overriding that is extremely high. In America at least, this is traditionally viewed as a good thing.
We also generally believe that making things "purely a money issue" is how to incentivize people to do their best work.
There are countries in the world where it's widely accepted that the government is closely involved in business decisions and does what it thinks is best for the country, and they ask people to be motivated the goals of the country, as determined by the ruling party, not their own profit motive. TikTok is familiar with one of those, in fact.
Private companies are supposed to able to follow whatever legal policies they want to in order to compete and make as much money as possible.
In a democracy, the executive branch of the government is not supposed to be able to do whatever it wants arbitrarily. That's why the legal principle of "due process" exists -- it has to follow established rules that don't single out individual people or organizations for arbitrary reasons.
The two issues (banning apps, banning companies) could not be more different in terms of the principles involved.
Current App Stores are capricious and make mistakes, but they are not completely random as the TikTok and WeChat bans.
The government should have the power to manage armies, fiscal policies, and so on, but giving the State the power to decide which algorithms I should be allowed to run on my own computer is insane.
Are you sure? What law does Youtube and Twitter need to follow to be allowed to operate in China?
> The solution is obviously not to make America less free
I don't view banning TikTok and WeChat as making America less free. We can just make our own. And we're only doing this to China and it's deserved.
> If the American government were concerned about their citizens privacy they would have passed stricter privacy regulations and only then banned companies that didn't comply.
Well, that's the wrong phrasing. If American citizens were concerned they would make their government pass stricter privacy regulations. But I don't believe that this is mutually exclusive to also banning Chinese companies due to other reasons as highlighted above.
If an American on US soil wants to watch videos on TikTok, and the American government says "sorry, we've decided you can't view that, contrary to your own wishes" then Americans are less free.
PS: "China" isn't a person and you shouldn't personify groups of millions of people.
They need to start censoring content based on the Chinese government direction. That's what Microsoft, Apple are doing.
> I don't view banning TikTok and WeChat as making America less free. We can just make our own. And we're only doing this to China and it's deserved.
The government arbitrarily deciding what you can and cannot run on your smartphone is a limitation of your freedom.
> But I don't believe that this is mutually exclusive to also banning Chinese companies due to other reasons as highlighted above.
The official reason is that these two apps are spying on US citizens, so stricter privacy laws would prevent them (and other popular apps like FB, Google, Twitter, etc. so it would be an even bigger win for the people) from doing so.
The government arbitrarily deciding I can't pour smoke into the air is a limitation of my freedom too.
I can't buy a grenade launcher? Limitation of my freedom.
As I said, if Congress passed strict privacy laws that resulted in the ban of TikTok then there would be virtually no outcries.
Your aggregation view isn't correct in practical terms. The government (with the consent of the voters, I need to keep stressing that) decided that grenade launchers should be banned, but they didn't decide that all firearms or weapons should be banned. You can clearly see how you can pick and choose categories or different aggregation levels to take specific action on.
It's like, you ban grenade launchers because you don't like the potential harmful effects. You ban Chinese companies because you don't like how the Chinese government treats your country. I think it's pretty straightforward generally speaking. We wouldn't be here if China allowed free reign for US companies to operate in China as we have for a long time allowed Chinese companies to operate in the US. We even only ask that Chinese researchers disclose their military affiliation. In China do you think they'd let US military officers work at top research universities in China? Why wouldn't they? Why should the US?
This is overly simplistic and there are a number of additional regulations in place. For example, Netflix (even if they censor) cannot enter China without partnering with a Chinese company because they cannot get a media license [1]
[1] https://www.wired.com/2016/01/netflix-may-never-break-into-c...
McDonald's, Nike, Boeing, Microsoft, P&G, General Electric (to name just a few) all hold dominant market share in China. I have no idea why people constantly repeat this claim so easily debunked. US companies are everywhere in the country and making billions.
This is a tech forum, so we can go down a list of US tech companies, giving their 2017 revenue from China:
* Apple: $45 billion (20% of Apple's total)
* Intel: $15 billion (its largest market, 24% of total)
* Qualcomm: $15 billion (>60% of Qualcomm's total)
* Micron: $10 billion (>50% of Micron's total)
* Broadcom: $9 billion (>50 of Broadcom's total)
* Cisco: $8 billion (15% of Cisco's total)
The list goes on and on, but you get the picture.
The numbers come from here: https://www.marketwatch.com/story/trade-war-watch-these-are-...
Regardless of the ever shifting goalposts of those who constantly make this patently false statement about US companies inability to do business on the mainland, let's just restrict it to tech then:
I already mentioned Microsoft, how about Apple? Intel? IBM, Dell, HP? They all make huge dollars in China as well as benefit from their supply chains to sell elsewhere.
I really can't understand why people mentally cling so hard to this notion that US companies can't sell their wares to the Chinese.
1. USA has real intel on China harvesting data to Chinese servers on WeChat and TikTOk and they're filing it away for combing through for weakpoints like blackmail, potential dissidents, contacts in the USA to compromise.
2. Trump is just mad at China and it's a way to get a lot of publicity to show he's tough on them (while meekly staying hushed about Russian interference)
I think both are equally likely.
This isn't about spying. This is about money and trade relations with china. The fact that the business in question has a side effect of spying is nice but it's not the primary motivator. TikTok is the first Chinese tech platform to strike it rich in the US and the administration sees itself as trying to give them a dose of their own medicine.
Expect a quick legal challenge.
If I were a government lawyer working on this, I would like to think that I would honor my oath of office and tell the President "sir, you don't have the authority to do this" rather than "yes sir, let me scour the US code for something that can be stretched to fit this," but this administration seems to be systematically purging anyone that doesn't follow the party line.
Not seeing this bit being discussed elsewhere. The whole Oracle deal may not be dead after all.
Plus LITERALLY ANYTHING to distract from how bad the Covid response is going.
https://covid.cdc.gov/covid-data-tracker/index.html#trends_d...
No other reason. It ties in neatly with the revenge track record and the timing of events ties in also.
(Just the facts, I have no political view towards either side)
Nonsense, there is no proof that this is related.
Again...this has nothing to do with politics. I am merely looking at things from the view of an outside observer.
There are many more valid reasons to limit Chinese influence and "data gathering" but they are largely (at this point) being ignored. This does not begin to dip into the actual "political" reasons both countries involved have going on.
Now I'm not laughing so much.
"How India became the world’s leader in internet shutdowns"
https://www.technologyreview.com/2020/08/19/1006359/india-in...
Bring the world back to isolation, then what follows? Wars, and destruction of what we have accomplished after the two world wars. Beware of the slippery slope, my friends. It sickens me to see people using silly rhetorics to rationalize this kind of dangerous moves: * We are doing this for your security... * Because C has been bad, we need to do the same BAD things... * We should attack Q because we believe they are planning something bad... ...
Very disappointed, I thought democracy is better than this. What difference do you make when you adopt the same approach that you criticized? As far as I know, there are many people in China who once almost believe in democracy and freedom of speech, who managed to get across the Great Fire Wall, end up facing the same Great Trump Wall.
Reciprocal countermeasures are crucial for discouraging the original activity, whether it be tariffs or bans on foreign internet service companies.
Thus, in response to the CCP's effective ban on foreign companies, we should absolutely expect India, the US, and other countries to reciprocate.
Failing to reciprocate would only serve to encourage actors to engage more in the activity (whether it be tariffs or bans on internet services), and in this case lead to a more greatly fragmented internet.
Just as reciprocal tariffs protect the free flow of trade by discouraging further tariffs, here, the US reciprocating CCP bans protects the free flow of information on the internet.
Wisdom of the particular policy aside, once a country makes a really bold demand - "do X or we'll do Y" - they can't back down without losing a tremendous amount of credibility. If you don't follow through on your threats, they're meaningless; if your threats aren't meaningful, only action is. Action is more expensive, so it costs you more to accomplish a goal, so you can accomplish less.
I happen to think this particular policy is unwise (dude, you need allies, and you think Europe won't help you regulate tech? C'mon), but the US has committed. Barring judicial intervention, it would be more unwise to back down now.
I don’t think this reasoning makes sense. Wouldn’t it be better for the US to back down, showing that we are judicial and fair country that doesn’t lash out in petty ways? Trump makes insane claims all the time; no one would take any notice if he didn’t follow through on this one either.
They'd like there to be a monopoly on bulk surveillance of US persons: only companies friendly (or who can be forced to be friendly) to the US military are allowed to do it.
Censoring people to further state security is abhorrent, and is yet another reason why businesses will increasingly choose to domicile outside of the US market. It's ridiculous that they can impose these sorts of heavyhanded restrictions on US companies.
https://sneak.berlin/20200421/normalcy-bias/
This is a huge ticking time bomb: insofar as the government can order large, centralized corporations to block, censor, alter, or otherwise impede your person-to-person communications, it's only a matter of time before it's a direct issue for health and safety, whether it be disaster, unrest, or war.
Sure, it might be illegal, or might get unwound in court in the weeks or months or years to follow. But in the meantime, you're cut off from friends, family, and information, and your family might not survive the disaster or crisis that triggered the government demand long enough to have the wrong turned right in court, much later.
This is an existential threat to a free society. The state must not be able to pick up the phone and have your communications tools shut off in bulk.
What happens when there's a wildfire or a natural disaster or a war and the military demands that Facebook disable Messenger and WhatsApp and that Apple disable iMessage in a certain region, on national security grounds?
We built a network designed to survive a nuclear war, and then somehow recentralized all of the node-to-node communications edges in an overlay network, squandering that whole benefit.
It would also be much less of a geo-political issue if it had the weight of law instead of just policy behind it: Pointing to a specific violation of law is much easier to justify than a vague sense that something with the app & data collection is not right. (and statutes can be much more consistently applied than vaguely justified ad-hoc policies)
This order does seem to prohibit any [US] business from accepting WeChat pay or otherwise using WeChat for their services.
EDIT: I wonder if we'll be able to get around these restrictions while traveling -- Visit Canada for a weekend, download WeChat, and come home? Android users can just sideload apps in any case.
If you want to talk to someone in Mainland China, your option is pretty much only WeChat
Tiktok on the other hand is a completely seperate product designed to obey foreign laws (not necessarily values), considered a spineless panderer back home, its disgraceful fall is what can be called a rude awakening.
>Trapped Abroad, China’s ‘Little Pinks’ Rethink Their Country >Young and patriotic, overseas students often defend their nation against its critics. But when many tried to return home during the pandemic, they became targets themselves. https://www.nytimes.com/2020/06/24/business/china-nationalis...
In any case, if people are willing to pay for an iPhone with TikTok pre-installed, they're willing to pay 2$ a month (or less) for a VPN.
Would say the CDN will hurt TikTok the most.
Of course, I'm aware that US could block the tiktok web URL.
The user base will see the headlines that it’s being banned and then they’ll move to a rival service again like they did during the first scare. Especially since Triller just poached TikTok’s most popular creator, Charli D’Amelio, earlier this week. That coveted preteen demographic might never come back. It’s poisoning the well for Oracle.
"First they came for chinese apps, but I didn't speak up for I didn't use chinese apps.[...] Then they came for E2E apps..."
Honestly this all could be mitigated if we had less dependency on app stores, if iOS could send notifications from mobile Safari, WeChat could just migrate to PWA and its most loyal users would follow.
It seems like yesterday (it was) that people on HN were supporting a digital boomer equivalency of not allowing notifications because the web apparently must always be a document serving thing just cause, and a UX problem of websites asking a lot for notification must be met with removal of the function.
Freedom is slipping away...
With this administration everything is overtly political and typically defensive and/or misdirection.
* To ban something 'from China' appeals to his base. * Tiktok was used to 'humiliate' the president at his Tulsa 'comeback rally' * Trump is having 'issues' with Twitter and to a lesser extent Facebook and other social media. They are marking and removing posts for example.
https://www.forbes.com/sites/abrambrown/2020/08/01/is-this-t...
Perhaps the larger theme here is to fire a warning shot at Twitter, Facebook and to a lesser extent Google. If you mess with us and don't do what we want - we can and will shut you down. Because 'national security'. Does that seem a leap? Not really because foreign entities (in particular Russia) actively and successfully use social media, against US interests.
Is this good? No. It's really bad. This is classic Trump - distracting, destructive, coercing, nonsensical, abusive and chaotic. With even a small amount of thought it can be seen to be smoke and mirrors.
A strong argument can be made that social media is a big problem in the US, for a variety of reasons, including national security. That this step is nothing to do with trying to fix that, and everything to do with the failing and flailing administration.
That as of Monday can't be patched in the USA?
I hope they do, I dislike president having power to ban services and apps at will.
But most importantly, what the US is applying is plain and old-fashioned Reciprocity trade rules. It is a completely valid and accepted course of action. If China closes its market to US-based social network companies, then the US should do the same. It happens everywhere and you don't see people screaming bloody murder because of it.
In my opinion, it is about time. Not only we are creating a disadvantage to our local companies (FB, Whatsapp, etc), we are inviting a hostile agent to openly collect information on our citizens. I understand that some here want a more stringent policy concerning privacy and data collection. I think it is a fair point, but it is not mutually exclusive here.
I go out of my way to comment on any posts related to China since it's a subject that I have studied immensely and am very interested in and I have noticed that anything I post that is slightly negative about China will get downvoted or flagged. I've chalked it up to the fact that HN is filled with people that are:
- opposed to anything (and everything) Trump does including clamping down on China
- opposed to anything (and everything) the US does. This includes US people and outsiders.
- native Chinese HN users/bots downvoting any content that is negative about China
I hope people realize how dangerous these developments are.
Now Americans are going to have to use foreign VPNs too.
If that doesn't scare you imagine what your "enemies" might do with that power.
I mean, it's true that I too don't personally don't see much value in these platforms and am genuinely confused by TikTok. But... yikes.
People: this is a disaster. And once that power is uncorked it's not going back in the bottle.
Also, hope the US bans Xiaomi phones for the same reason, since applications like Facebook don't appear in the Mi Store.
But the Commerce order does not highlight the risks, moreover, they don't bother to give specific examples of concern.
The gov. should do a much, much better job at illustrating specific scenarios, cases, impacts, outcomes in order to legitimize the action.
But there are laws, policies, judicial procedures regarding how the US gov. can access that data, specifically a warrant would be required for access to information. Moreover, information is accessed on the basis of some ostensible crime.
Aside from basic censorship of anything and everything, the CCP can use (and does) WeChat information for absolutely whatever purposes it chooses at any time.
If you say something about Hong Kong protests on WeChat - you will be flagged (and censored) and every one of your peers will be flagged as well. Your career, ability to move freely, future job prospects are in jeopardy, let alone the possibility of completely arbitrary imprisoned. There is no 'justice system' to speak of within that framework.
And of course, there are more basic issues of trade - there are zero foreign entities that would be able to operate in China on basic, civil terms. They all have to operate as organs of the state.
The CCP ensures compliance of it's authoritarian policies by having units within private organizations specifically for that purpose. Have a read [1]. It's not a 'conspiracy' it's just how they operate.
There's no way on earth we can allow those types of organizations to operate freely here.
So yes - just as TT and WeChat are banned or changed hands, there should be more action to at least have more transparency on who, what and how the US can access information from FB etc..
This is right at the core of the issue of the globalization of information and it has to be addressed, there's no way around it.
[1] https://thediplomat.com/2019/12/politics-in-the-boardroom-th...
I'm not defending the CCP's actions, but I think instead of banning specific acts, the US should change policy and guidelines to ban behavior, not specific actors.
Right now there’s zero reason to believe that the administration would target apps outside of China, and as long as that continue to be the case then we should cheer them on and be grateful we finally have a world leader willing and capable of standing up to China.
Is it any wonder /at all/ why the US Federal government, and every single competitor in the US is worried about them?
Chinese Government is Tencent is Wechat, Fortnite, PubG along with many other Game&Tech companies.
Allowing more influence in our markets, by the Chinese government is a /horri-bad/ idea; period.
Blah blah blah, tech companies. Blah blah blah, open markets.
You DO realize how large a threat to open markets the Chinese State is, right?
https://www.wired.com/story/chinese-hackers-taiwan-semicondu...
Right?!?!?