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TikTok warns of ‘staggering’ consequences from US divest-or-ban law

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TikTok warns of ‘staggering’ consequences from US divest-or-ban law

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TikTok has urged a federal appeals court to block a law that could soon ban the social media app in the US over national security concerns related to its Chinese parent, arguing the consequences of such a move would be “staggering” for free speech.

Under the law signed by President Joe Biden earlier this year, TikTok will be banned in the US if it does not divest from its parent ByteDance by January 19 2025 — the day before the next US president is inaugurated. It comes as US officials have warned Beijing could compel the parent group to share the personal information of its 170mn American users for espionage purposes or manipulate what users see for propaganda purposes.

During a hearing before a three-judge panel in the US Court of Appeals for the District of Columbia on Monday, Andrew Pincus, a partner at Mayer Brown representing TikTok, invoked first amendment free speech protections in the constitution and pushed back against the argument that the video app was controlled by China or had posed a national security threat.

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“For the first time in history, Congress has expressly targeted a specific US speaker, banning its speech and the speech of 170mn Americans,” Pincus said.

“This law imposes extraordinary speech prohibition based on indeterminate future risks,” he said, adding the government had “not come anywhere near” proving the constitutionality of the law.

Pincus said remedies such as forcing the “disclosure” of any potential propaganda found on TikTok should be explored, rather than a full ban of the app.

However, one judge suggested TikTok was taking a “blinkered view” by arguing the statute was singling out a specific company, when it was targeting those owned by foreign adversaries. Another said it was “strange” that the lawyer appeared to be asking the judges require Congress to provide more “findings” to support the law when it had already been passed.

The outcome of the legal battle will seal the fate of a fast-growing app that has in recent years exploded in popularity to challenge Meta’s Instagram and Google’s YouTube. It has also become a vital tool in the US election for the campaigns of Kamala Harris and Donald Trump, who have seized on it as a way to reach young voters directly.

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Pincus said the law is in effect a ban, arguing a sale would be “unfeasible” because a standalone US app would not be possible. TikTok has previously noted Beijing has publicly said it would not allow the divestiture of platform’s recommendations algorithm by ByteDance, and has export control laws that would block such a spin-off.

One of the core issues of contention was how much influence ByteDance exerts over the video app in the US. Daniel Tenny, a lawyer for the US Department of Justice, argued there was “no dispute” that the parent group maintained and developed TikTok’s recommendation engine.

He warned its data could be “extremely valuable to a foreign adversary trying to compromise the security states, [for] knowing what Americans’ patterns are, who their contacts are, where they go, who they interact with, what sorts of content interests them”.

Nevertheless, much of the US government’s evidence is classified, meaning it cannot be seen by TikTok, on the basis that sharing it could cause serious harm to national security.

It is not the first time the app has fought a potential US shutdown. In 2020, TikTok successfully sued the US government when then-president Trump issued an executive order to ban the app, giving ByteDance 90 days to divest from its American assets and any data that TikTok had collected in the country.

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Trump has since flipped his position, arguing he would not ban TikTok as it is in the interests of competition in the social media sector that it remains in the US.

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Trump Claims Democrats’ Language Provoked Apparent Assassination Attempt

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The authorities have not provided information about the gunman’s motive in the apparent assassination attempt on Sunday, yet former President Donald J. Trump, who has his own history of using violent language, sought to blame Democrats.

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Final messages revealed from the Titan sub before tragic implosion

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Final messages revealed from the Titan sub before tragic implosion

“All good here.”

Those were some of the final words that the doomed Titan submersible crew communicated before the submersible imploded on its mission to the Titanic wreckage site in June 2023.

The message, revealed as part of the Coast Guard’s Monday hearing into the circumstances of the failed mission, was sent to support vessel Polar Prince on June 18, 2023, shortly before the submersible imploded, killing all five of its crew members. It was an incident that captivated both sides of the Atlantic as crews made a mad dash to save the crew after the sub lost contact with the surface – with the world unaware that the lives had been lost.

The Coast Guard played an animated re-enactment of the Titan’s voyage that captured the submersible’s final, spotty exchange with the Polar Prince, during the Monday hearing that shed new light on the sub’s final mission.

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Around 10am on June 18, Polar Prince asked the Titan crew whether they were able to see the support vessel on the submersible’s display. The support vessel asked the crew the same question seven times over the course of seven minutes. The Titan crew then sent “k,” meaning it was asking for a communications check.

The Polar Prince then repeated its question three more times before writing: “I need better comms from you.” The crew finally replied “yes” at 10.14am before adding: “All good here.”

At 10.47am, the communication between the two vessels was lost.

The Titan submersible was found on June 22, 2023, the seafloor after days of searching after it imploded. New photos show it on the ocean floor after it was discovered, and the lives of the five on board were lost on the way to the Titanic wreckage site.
The Titan submersible was found on June 22, 2023, the seafloor after days of searching after it imploded. New photos show it on the ocean floor after it was discovered, and the lives of the five on board were lost on the way to the Titanic wreckage site. (ROV image of TITAN tail cone. Source: Pelagic Research Services, June 2023)

All five of its crew members later died as a result of the implosion: founder Stockton Rush, 61, French explorer Paul Henri Nargeolet, 77, British explorer Hamish Harding, 58, UK-based Pakistani businessman Shahzada Dawood, 48 and his 19-year-old son Suleman.

​In its presentation on Monday, the Coast Guard also revealed a pattern of failures that the Titan experienced during its test dives long before it set out to the wreckage site.

Test dives in 2021 revealed 70 equipment issues while dives the following year revealed 48 equipment issues, including drop weights malfunction. On top of those issues, after the last test dive in 2022 until February 6, 2023, the vessel was stored uncovered in a dock “without protection from the elements.”

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The first witness before the panel, Tony Nissen, former OceanGate engineering director, took the stand on Monday, pulling back the curtain on the internal dynamics of the company as well as some disagreements between Stockton Rush and OceanGate employees.

This undated image provided by OceanGate Expeditions in June 2021 shows the company's Titan submersible
This undated image provided by OceanGate Expeditions in June 2021 shows the company’s Titan submersible (OceanGate Expeditions)

When Nissen was hired, he wasn’t directly told that the submersible was going to the wreckage site. He testified: “I was never told they were going to the Titanic.”

Nissen also said he was “struggling to find the professional words” to describe Rush.

“Stockton would fight for what he wanted…And he wouldn’t give an inch much. At all,” he said. “Most people would eventually back down from Stockton. It was like death by a thousand cuts.”

The submersible was struck by lightning in 2018, partially damaging the hull, Nissen testified. The following year, after finding that the accoustic tests were not coming out “clean,” he objected an expedition to the Titanic site, since he found the hull was compromised. After refusing to give his approval, he was fired. He told the panel: “I wouldn’t sign off on it. So I got terminated.”

Debris from the Titan submersible, recovered from the ocean floor near the wreck of the Titanic, is unloaded from the ship Horizon Arctic at the Canadian Coast Guard pier in St. John's, Newfoundland, June 28, 2023.
Debris from the Titan submersible, recovered from the ocean floor near the wreck of the Titanic, is unloaded from the ship Horizon Arctic at the Canadian Coast Guard pier in St. John’s, Newfoundland, June 28, 2023. (AP)

When asked if there was “pressure” to start operations, Nissen said: “100 percent.”

The Coast Guard is investigating the circumstances surrounding the loss of the submersible, Marine Board of the Investigation chair Jason Neubauer said.

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The investigation will look for “factors” that led to this catastrophe and try to learn how to prevent them in the future as well as examine whether the “acts of misconduct, negligence, or willful violation of the law” contributed to these casualties. The hearings, expected to span two weeks, will also investigate the Coast Guard’s search and rescue operations.

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How far-right minister Itamar Ben-Gvir reshaped Israel’s police

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How far-right minister Itamar Ben-Gvir reshaped Israel’s police

After a difficult week in which the killings of six Israeli hostages by Hamas sparked protests across Israel, the country’s far-right national security minister Itamar Ben-Gvir headed to the beach.

In a suit despite the oppressive heat, the ultranationalist arrived on the shoreline of secular, liberal Tel Aviv earlier this month to be met with jeers from bathers. One young woman allegedly threw a handful of sand in his direction, after which the trouble began.

Police officers protecting Ben-Gvir arrested the woman, shackled her hands and legs, and kept her in prison overnight. She was charged with “attacking a public servant”, an offence that can carry a three-year jail sentence.

For many in Israel, the incident was the latest example of how the country’s police force has been transformed under Ben-Gvir’s command over the 20 months since his party joined Benjamin Netanyahu’s government.

Former senior police officials, legal analysts and anti-government activists say the 30,000-strong national force is being politicised in line with the agenda of an extreme ultranationalist at a time of high tensions resulting from the war with Hamas in Gaza.

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They warn that the reshaping of the force by a man who proudly tells Palestinians that Jews are their “landlords” may have far-reaching ramifications for police conduct, the rule of law, and even Israeli democracy.

Ben-Gvir during a visit to the beach in Tel Aviv, escorted by local police © Matteo Placucci/SOPA Images/LightRocket/Getty Images

David Tzur, a former senior police chief, said: “This is what’s called an elephant in a china shop . . . They took a convicted criminal and put him into the holiest of holies of the law enforcement system. This is something that is unbelievable.”

Since Ben-Gvir took on oversight of the country’s police, the force has been accused of lax policing of settler violence in the occupied West Bank, of aggressive tactics against anti-government protesters, and of failing to halt far-right attacks on aid convoys to besieged Gaza. At the same time, Ben-Gvir has sought to unilaterally change long-standing rules governing Jerusalem’s most combustible holy place, the al-Aqsa mosque compound, known to Jews as the Temple Mount.

The 48-year-old rabble rouser, repeatedly convicted in the past on charges relating to anti-Arab activism, would until recent years have been viewed as an impossible candidate to take on responsibility for law enforcement.

As a teenage disciple of the late Jewish extremist rabbi Meir Kahane, Ben-Gvir first came into public view in 1995 when he broke an ornament off then-prime minister Yitzhak Rabin’s car.

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“Just like we got to this symbol, we can get to Rabin,” Ben-Gvir said in a TV interview as he held up the Cadillac mascot. Weeks later, Rabin was shot dead by a far-right Jewish extremist opposed to the Israeli-Palestinian peace process.

Ben-Gvir, who lives in the Kiryat Arba settlement in the southern West Bank, previously kept a framed picture in his living room of Baruch Goldstein, who in 1994 murdered more than two dozen Palestinian worshippers at the nearby Ibrahimi mosque.

In later years Ben-Gvir turned to the law, specialising in defending Jewish settlers suspected of attacking Palestinians. Israeli media turned to him for interviews, and his public profile grew, resulting in a successful run for parliament in 2021 as the head of the Jewish Power party.

Netanyahu, himself a rightwinger, promised publicly at the time that Ben-Gvir would not become a minister in his government. Yet, a year later, the long-serving premier needed Ben-Gvir and his party to garner enough support to form his current governing coalition.

The masked protesters hold placards. An Israeli flag is being waved in the background
Ultranationalists protesting at the arrest of reservists alleged to have tortured Palestinian detainees. Two military bases were broken into in July © Matan Golan/SOPA Images/LightRocket/Getty Images

The price of Ben-Gvir’s backing was the grandly renamed “national security” ministry — formerly just “internal security” — with expanded powers over the police.

Ben-Gvir, who campaigned on a “law and order” platform, has said his goal is to “increase governance and sovereignty” while strengthening police with bigger budgets.

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Yet, according to police data made public by the Movement for Freedom of Information, overall crime has soared on his watch. In particular, violent crime within Arab-Israeli towns and villages has reached record highs, rising from 116 murders in 2022 to 244 in 2023, according to data seen by the FT. Almost 170 Arab-Israelis have been murdered so far in 2024.

The Israel police said that “addressing violence in the Israeli-Arab community remains a top priority” to which “substantial resources” have been allocated.

Yet, overall public trust in the police has cratered, polls show. Morale within the force has plummeted, and many mid-ranking and senior officers have resigned or are threatening to do so, according to interviews, media reports and internal communications seen by the Financial Times. Six deputy commissioners have left in the past two months alone.

“Ben-Gvir represents all that is undemocratic — bullying, violence, racism . . . So long as his plans and failures are allowed to continue and deepen, there will no longer be a ‘democratic’ police,” said one former senior police commander. “Police will begin targeting anti-government elements and minorities. You start with the Arabs, but it won’t end there.”

Anti-government activists have taken to calling the force “Ben-Gvir’s militia”.

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The minister himself has demanded to act as a “supra-police commissioner” above the top commander, seeking involvement not only in broad policy but also in the specifics of operations and the use of force, said multiple former senior police officers.

The former officers said this contravened not only democratic norms but also Israeli law, which stipulates that the police commissioner must remain independent from political meddling. The Supreme Court has sought to uphold this independence after civil society groups appealed against Ben-Gvir’s extended powers.

Instead, according to the former police officers, Ben-Gvir has wielded influence through the back door.

“The crux of [a minister’s] power lies in building the force — in other words, appointments. That’s where his main power lies,” said Tzur.

Ben-Gvir has deployed that power widely, personally interviewing even mid-ranking commanders for promotion and directly calling district chiefs, said multiple people with knowledge of police operations.

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“There is chaos inside the police, and he instils fear in the officers according to his own agenda,” said the former police commander. “He moulds the personalities who command the police, and for all the others it shows them where their loyalties should lie.”

Ben Gvir’s office and Israel’s national security ministry did not reply to repeated requests for comment.

Last month, Ben-Gvir appointed Danny Levy as police commissioner, a shock choice given that Levy had been a district commander for less than a year. He had, over the previous year, overseen the violent dispersal of weekly anti-government protests in Netanyahu’s home town of Caesarea.

“You’re the right person in the right place,” Ben-Gvir told Levy at his appointment ceremony. “Danny comes with a Zionist and Jewish agenda and he will lead the police according to the policy I set for him,” he added.

Tzur argued, however, that attempts to tar Levy as solely beholden to Ben-Gvir were unfair, calling it a “worthy appointment”. “Just because the person who appointed him is a criminal doesn’t invalidate every appointment. [But] the burden of proof is now on [Danny Levy],” Tzur said.

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The outgoing police commissioner, Kobi Shabtai, issued a stark warning in July as his term ended. “The fight against the politicisation of the police and its deviation from the professional path is in full swing,” he said.

In Levy’s first week as commissioner in early September, some 125 demonstrators were detained nationally — amid mass protests calling for a deal to release hostages held in Gaza — compared with an average 85 per month in the 20 months before that, according to the Detainee Legal Support Front, a non-profit organisation.

One demonstrator in Tel Aviv, Nadav Gat, was detained this month while simply standing on the pavement, he told the FT. He was held overnight without an arrest report. “There was not even the appearance of professionalism,” he said.

At the same time, far-right activists, who are closely identified politically with Ben-Gvir and the West Bank settlement movement, for the first half of this year blocked aid convoys trying to reach war-torn Gaza, with minimal police intervention. No one was arrested.

An Israeli security source said there were suspicions within the military that police personnel had tipped off the groups on the movement of the convoys. Even the US administration demanded publicly that Israeli authorities do more to stop the attacks.

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There are other instances of an apparent soft approach to the far right. In July, ultranationalist gangs broke into two Israeli military bases, in protest at the arrest of several reservists alleged to have tortured Palestinian detainees. As police mounted a lacklustre response, the Israeli military was forced to deploy infantry to protect one of the bases. None of the ultranationalists were arrested.

Several former officers said the worst police indifference was in Jerusalem and the occupied West Bank. Israeli settler attacks on Palestinians have risen sharply, according to data from the UN and Israeli human rights non-profit organisations.

The head of the Shin Bet internal security agency, Ronen Bar, warned in a letter sent to the cabinet — but not to Ben-Gvir — last month that the increase was a result of “the weak hand of the police, and possibly even a sense of support to a certain extent”, according to Israeli media reports.

In response to specific questions from the FT, the Israeli police said it “operates as an apolitical institution dedicated to handling offences with impartiality and professionalism. Allegations suggesting that the police are influenced by political agendas distort the truth and undermine the rule of law.”

Yet, Yoav Segalovich, a former top police officer and former deputy internal security minister from the opposition Yesh Atid party, said the Israeli public was increasingly convinced that the police had become politicised under Ben-Gvir, a perception that, he said, fatally harmed trust.

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“This is the biggest damage that can be caused in a democratic system,” Segalovich said. “You need to uphold the law . . . and [in the West Bank] the police simply isn’t present in the places where it needs to be.”

In Jerusalem, the al-Aqsa compound has been the scene of what multiple former and current Israeli officials, including from the police, said were perhaps Ben-Gvir’s most dangerous interventions. The hilltop site has sparked repeated Israeli-Palestinian violence, while for decades a “status quo” has been upheld in which Jews can visit but not pray. Police are central to maintaining order at the flashpoint site.

Yet, Ben-Gvir last month said at the site that he had unilaterally changed the “status quo” — a claim Netanyahu quickly rejected. Video emerged of a beaming Ben-Gvir walking among hundreds of Jewish worshippers prostrating themselves as police looked on passively.

“You have to understand the absurd [situation]: the responsibility to hold the weekly assessment about the Temple Mount . . . and to decide on the security arrangements are on the [national security] minister,” said Tzur.

“He decides on policy with regard to the Temple Mount and he is changing it. We see it . . . the fringe of the fringe have turned into the mainstream.”

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Bar, the Shin Bet chief, wrote in his letter that such provocations by Ben-Gvir would “lead to much bloodshed and will change the face of the State of Israel beyond recognition”.

This month, Netanyahu again had to insist there was no change to the rules governing al-Aqsa, and demanded that ministers seek his approval before visiting. Segalovich said the damage was already done.

“Netanyahu allowed all of this,” he said. “If you put an agent of chaos as the minister in charge of the police then don’t be surprised by the results. This is Ben-Gvir’s goal: chaos and mayhem.”

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