美国为什么要不断立法,坚持封杀TikTok?|字节跳动|TikTok|周受资|bytedance|中美|川普|拜登|王局拍案20240319

王局拍案
19 Mar 202426:05

Summary

TLDR本视频讲述了美国TikTok用户在收到一则弹窗通知后,纷纷行动起来,试图阻止美国国会通过一项旨在全面禁止TikTok的法案。该法案针对的是受敌对外国政府控制的应用程序,特别是TikTok。在此背景下,TikTok鼓励其1.7亿美国用户联系国会代表,表达他们对TikTok的支持。视频进一步探讨了美国对TikTok的担忧,包括数据安全、信息操纵等问题,以及TikTok为保持其在美国市场的地位所做的努力和挑战。最终,众议院以压倒性多数通过了该法案,展现了两党对于处理TikTok问题的广泛共识。视频深入分析了此事件背后的美中战略竞争,以及可能对TikTok未来在美国的存在产生的长远影响。

Takeaways

  • 🔔 美国国会考虑通过法案完全禁止TikTok,引起了广泛关注和讨论。
  • 👥 TikTok号召美国用户联系国会议员,以阻止法案的通过。
  • 📱 TikTok在美国有1.7亿用户,这次活动使得许多国会议员的电话线路被挤爆。
  • 🏛️ 美国众议院商业和能源委员会通过了一项专门针对TikTok的法案。
  • 🇺🇸 法案通过后需要经过众议院、参议院的表决,并最终由总统签署成为法律。
  • 🔍 法案背后是由共和党议员麦卡锡成立的、关注中美竞争的特别委员会推动。
  • 🗳️ 众议院以压倒性多数通过了禁止TikTok的法案,显示出跨党派的共识。
  • 🔐 法案要求TikTok完全剥离其资产,否则将在美国应用商店中被下架。
  • 🚫 TikTok面临的主要指控包括操纵舆论、收集公众信息和泄露个人隐私。
  • ⚖️ TikTok可能会基于美国宪法第一修正案的言论自由原则起诉,挑战这项法案。

Q & A

  • TikTok在美国有多少用户?

    -TikTok在美国有大约1.7亿用户。

  • 美国国会为什么想要禁止TikTok?

    -美国国会想要禁止TikTok,因为担心它可能被用来操纵舆论、收集公众信息和暴露个人隐私,同时也担心中国政府可能通过TikTok获取美国的情报。

  • 美国众议院在TikTok禁令上的表决结果是怎样的?

    -美国众议院在TikTok禁令上的表决结果是352票赞成,62票反对。

  • 为什么说TikTok对美国构成威胁?

    -因为TikTok的算法推荐机制可能被用来操纵舆论,且其庞大的用户基数让其有潜力成为外国政府影响美国公众舆论和政治的工具。

  • TikTok是否真的与中国政府分享过用户数据?

    -TikTok的代表声称他们没有从中国政府那里收到过数据请求,也从未将数据提供给中国政府。

  • 美国的立法过程是怎样的?

    -美国的立法过程包括草案在众议院和参议院的委员会中被提出和审议,然后提交到两院全体进行表决,若两院均通过,则提交给总统签署成为法律。

  • 特别委员会与TikTok相关立法有何关联?

    -美中战略竞争特别委员会在推动TikTok相关立法上发挥了关键作用,该委员会负责起草并推进禁止TikTok的议案。

  • 如果TikTok对美国总统的否决提出挑战,它有可能成功吗?

    -TikTok可能基于第一修正案(言论自由)和比例原则对总统的否决提出法律挑战,但胜诉的可能性取决于诉讼的具体情况和法院的判断。

  • 什么是“资产剥离”?

    -资产剥离指的是TikTok需要将其从中国字节跳动公司的控制下完全独立出来,可能通过出售等方式实现。

  • 为什么美国对TikTok采取了如此严厉的措施?

    -美国对TikTok采取严厉措施是因为对其潜在的安全风险和对美国社会影响的担忧,以及与中国政府的潜在联系。

Outlines

00:00

🚨 TikTok面临的挑战

2023年3月6日,美国TikTok用户收到一条弹窗消息,内容是呼吁他们联系国会代表,反对禁止TikTok的立法提案。这项法案旨在禁止受敌对外国政府控制的应用程序,显然针对的是TikTok。TikTok在美国有1.7亿用户,这次活动导致许多国会议员的电话被打爆。此举展示了美国民众对国家运作知识的缺乏,以及TikTok在美国社会中的广泛影响力。法案最终在3月7日以50比0的票数通过了商务与能源委员会的投票,显示出TikTok的努力暂时未能改变立法进程。

05:01

📈 TikTok在美国的发展与挑战

TikTok作为美国应用商店用户最多的应用,面临着国内的怀疑和政治挑战。曾有年轻人利用TikTok影响美国总统选举,显示其潜在的政治影响力。到2024年,有37个州禁止联邦雇员使用TikTok,体现出对TikTok持反对意见的声音越来越大。最近,美国能源和商务委员会提出新法律要求TikTok剥离其资产,表明了对TikTok的进一步限制措施。这反映了美国对TikTok潜在影响的担忧和通过立法手段进行管控的努力。

10:01

🔍 TikTok法案的深层影响

特别委员会对TikTok的立法审查揭示了对公共意见操纵、信息收集和个人信息暴露的担忧。尽管TikTok努力保护美国用户数据的独立性,美国立法者担心这些措施不足以防止中国政府的潜在干预。这场讨论不仅关乎数据隐私,也触及了言论自由和国家安全的更广泛议题。立法者的行动反映了对新媒体平台潜力的认识以及对美国宪法第一修正案原则的挑战。

15:05

🏛 美国对TikTok采取的措施

美国立法机构对TikTok的审查和可能的禁令,反映了对该平台可能对美国社会构成实质性威胁的担忧。此外,这表明了美国对新兴技术企业和国家间经济政治竞争的应对方式,以及如何平衡言论自由和国家安全的考量。这次事件可能是美国历史上首次尝试通过立法手段预防性地对抗一家社交媒体平台,体现了在全球化背景下国家安全与信息自由之间的新挑战。

20:05

🚫 TikTok的未来与法律挑战

如果禁令最终通过并成为法律,TikTok将面临剥离资产的命令。然而,由于中国的出口管控政策,TikTok可能无法遵守这一要求。这可能导致TikTok在美国的法律诉讼,挑战该禁令是否违反了言论自由原则等宪法权利。这一过程可能长达数年,最终可能由美国最高法院裁决。这场法律斗争不仅关乎TikTok的未来,也将是美国言论自由原则的一次重要考验。

25:07

📣 TikTok用户的行动呼吁

面对美国政府的禁令威胁,TikTok鼓励用户通过分享个人故事,与朋友、家人和地方代表交流,保护宪法权利,确保他们的声音被听见。这一呼吁不仅是对当前法律挑战的直接回应,也体现了社交媒体平台与用户之间的互动和影响力,以及在面对政治和法律压力时,公民社会的参与和抵抗的重要性。

Mindmap

"Stop TikTok from Being Banned" message
"Call now" button linking to congressional representatives
Urgency and Call to Action
170 million U.S. users encouraged to participate
Diverse reactions from uninformed to proactive
User Engagement
TikTok's Pop-Up Campaign
Bill tailored for TikTok
50:0 vote against TikTok's campaign efforts
Committee on Commerce and Energy's Vote
Bipartisan support for the bill
Presidential signature or veto process
U.S. Legislative Process
Legislative Process and TikTok Bill
Manipulation through algorithmic recommendations
Potential impact on elections and political views
TikTok's Influence on Public Opinion
U.S.-China Strategic Competition Special Committee
Efforts to lobby against the bill
Political Strategy and Lobbying
Public and Political Reaction
Freedom of speech concerns
Potential Violations of the First Amendment
Debate over the necessity and fairness of a ban
Principle of Proportionality and Equal Protection
Legal and Constitutional Considerations
Asset divestiture requirements
Possible removal from app stores
Impact on TikTok's Operation
Shift in U.S. institutional confidence
Debate on technological sovereignty and data privacy
Societal and Cultural Reflections
Implications for TikTok and U.S. Society
Comprehensive Analysis of TikTok and the U.S. Legislature
Alert

Keywords

💡TikTok禁令

指美国政府考虑对TikTok实施的全面禁止措施。在视频中,美国众议院通过了一项法案,目标是禁止使用中国拥有的应用程序,除非TikTok能在四个月内卖给一家美国公司。这反映了美国对TikTok可能对国家安全构成威胁的担忧,特别是担心它可能被用来收集美国公民的数据或影响公众舆论。

💡美国立法过程

描述了一项法案从提议到成为法律必须经过的一系列步骤,包括在众议院和参议院的委员会中进行投票,两院全体通过,最后由总统签署。视频中提到了针对TikTok的法案,经过了美国众议院商业与能源委员会的全票通过,进而在众议院得到压倒性支持,显示了立法过程在解决国家安全问题上的作用。

💡言论自由

美国宪法第一修正案保护的权利,禁止政府制定限制言论自由的法律。视频中提到,TikTok向其用户发起了一场运动,号召他们联系国会议员,反对禁令,声称这关乎言论自由。这展示了TikTok如何利用美国的言论自由原则为自己辩护。

💡总统否决权

美国总统拒绝签署国会通过的法案的权力。如果总统行使否决权,国会必须以三分之二多数重新投票才能使法案成为法律。这一点在视频中被提及,说明了总统在立法过程中的关键角色,以及国会如何可能需要克服总统的反对来确保法案的通过。

💡美中战略竞争特别委员会

一个专门关注美国和中国之间战略竞争问题的特别委员会。视频中提到,这个委员会是提出针对TikTok法案的幕后推手,反映了美国政府对中国政府可能通过TikTok施加影响的担忧。

💡资产剥离

要求TikTok从其中国母公司字节跳动彻底分离出去,即卖掉其在美国的业务。视频中指出,这是美国为削弱TikTok可能对国家安全构成威胁的一个措施,同时也是让TikTok继续在美国运营的条件之一。

💡社交媒体对选举的影响

讨论了TikTok等社交媒体平台如何可能被用来影响政治过程和公众舆论,特别是在选举期间。视频中提到了TikTok用户组织的一次“占座行动”来影响特朗普的集会出席率,显示了社交媒体在现代政治活动中的影响力。

💡算法推荐

TikTok使用的一种技术,通过分析用户的行为和偏好来个性化推送内容。视频中提到,担心TikTok的算法推荐可能被用来操纵美国的公共舆论,尤其是它可能反映出中国政府的立场。

💡数据隔离

TikTok为了缓解美国政府的担忧,承诺将美国用户的数据存储在美国境内,并与中国隔离。视频中提及了TikTok在德克萨斯州的一个项目,目的是建立一个数据防火墙,以保护美国数据不受外部干预。

💡游说

指企业或组织试图影响政策制定者的行为,以获得有利于自己的政策决定。视频中提到TikTok雇佣了游说团体和前国会议员来反对这项禁令,展示了游说在美国政治决策过程中的重要角色。

Highlights

美国TikTok用户收到反对禁止TikTok的弹窗通知

美国国会计划通过一项旨在彻底禁止TikTok的法案

TikTok呼吁用户联系国会议员表达反对意见

美国众议院商务和能源委员会即将对针对TikTok的法案进行投票

法案旨在防止受敌对外国政府控制的应用程序对美国造成伤害

TikTok的全力努力未能阻止商务和能源委员会以50:0的票数通过法案

美国众议院通过禁止中国拥有应用程序的法案

法案要求TikTok在四个月内卖给美国公司

TikTok在美国有1.7亿用户,几乎占成年人口的60%到70%

TikTok面临在美发展的法律挑战和公众对其安全性的质疑

美国37个州禁止联邦雇员使用个人手机和办公电脑下载TikTok

美国能源和商务委员会引入新法律要求TikTok完全剥离其资产

众议院以352票赞成,62票反对的压倒性多数通过法案

美中战略竞争特别委员会是法案背后的推手

特别委员会成立目的是应对美中紧张关系加剧

TikTok数据独立性和美国国家安全之间的关系成为争论焦点

TikTok案例可能违反美国宪法第一修正案关于言论自由的规定

Transcripts

00:02

On March 6,

00:03

American TikTok users

00:04

suddenly received a pop-up

00:06

The pop-up's title read "Stop TikTok from Being Banned"

00:09

Below it said the US Congress

00:11

is now planning to pass a bill

00:13

that aims to completely ban TikTok

00:16

The right to freedom of speech protected by the Constitution for 170 million TIKTOK users is being threatened

00:22

Hurry and speak out

00:24

Call your congressional representatives

00:26

Tell them

00:27

what TIKTOK means to you

00:29

Ask them to vote against it

00:32

Below, there was even a considerate red button

00:35

The red button below read

00:36

"Call now"

00:38

If you pressed it

00:40

it would automatically link to the office of the congressional representative in the TikTok user's district

00:45

How considerate

00:47

So think about it

00:48

TikTok has 170 million users in the United States

00:50

So, on that day

00:51

many US congress members' phones

00:53

were overwhelmed with calls

00:54

When many people called

00:55

they even asked what Congress is

00:57

What does a congress member mean?

00:59

Actually, the United States is quite interesting

01:02

On one hand, its entire system framework was established by elites

01:07

and is governed by elites

01:08

But many ordinary people

01:10

actually don't understand the operation of this elite-governed national system

01:15

They only hear that, oh no

01:16

TikTok might be banned, that's not good

01:19

When scrolling through short videos every day

01:20

Watching beauties and animals

01:22

It's so enjoyable

01:23

How can it be banned?

01:24

So they would call their congress members

01:26

In the process of calling

01:27

they actually don't know

01:28

what this really means

01:31

Speaking of TikTok

01:32

Why did it call on US users

01:35

to call their congress members?

01:36

Actually, the reason is quite simple

01:38

Because on March 7,

01:40

a committee under the US House of Representatives

01:42

named the Committee on Commerce and Energy

01:44

was about to vote on a bill

01:47

The name of the bill

01:48

is to prevent

01:50

the harm of applications controlled by

01:52

hostile foreign governments to the US

01:55

This bill

01:55

is actually tailor-made for TikTok

01:59

According to the US legislative process

02:01

this legislative process first starts with the US

02:04

Congress, both the House of Representatives and the Senate

02:07

through their committees

02:08

drafting a bill

02:10

This bill

02:11

has to be voted on in the committee

02:13

After passing the vote

02:14

then it can be submitted

02:16

to either the House or Senate for a vote

02:19

After the House votes

02:20

it goes to the Senate

02:21

After the Senate votes

02:23

it returns to the House

02:24

Both houses of Congress must pass the bill

02:28

before it can be submitted to the President of the United States for signature.

02:31

At this point, the President

02:33

can either agree or disagree.

02:35

If agreed upon,

02:36

the bill is considered passed

02:37

and becomes an enforceable legal document in the United States.

02:39

If the President disagrees,

02:40

then the bill goes back to both houses of Congress.

02:42

At this point, there are two choices:

02:45

One choice is to just drop it,

02:47

since the President vetoed it.

02:48

The other option is to vote again,

02:50

but this time the requirements are higher.

02:53

Originally, passing a bill required

02:55

a 50% majority.

02:57

Now, if a 2/3 majority is reached,

02:59

and both houses achieve this 2/3 majority,

03:02

they can override the President's veto

03:04

and forcibly pass it into law.

03:07

But if it's just a simple majority,

03:10

then it cannot become law.

03:13

So this is a delicate balance

03:15

between the executive and legislative branches.

03:17

It's a very delicate balance.

03:20

So, on March 7, this bill,

03:23

voted on by a specific committee,

03:25

officially took its first step towards legislation.

03:28

So TikTok got anxious,

03:30

launching a campaign in the US,

03:33

urging the public to pressure US congress members.

03:36

Think about it, these congress members

03:38

are elected by voters in their own districts.

03:40

So the opinions of their constituents

03:43

usually exert significant pressure on them.

03:45

So TikTok was really going all out,

03:49

but unexpectedly, on March 7,

03:51

this bill was passed by the Committee on Commerce and Energy

03:56

with a striking margin of 50:0.

04:01

Meaning

04:03

TikTok's all-out effort

04:04

At least on March 7th,

04:06

no effect was shown.

04:08

Breaking News: The House of Representatives on Capitol Hill has just passed a bill that could ban TikTok.

04:13

The U.S. House of Representatives has passed a bill to ban the use of Chinese-owned applications within the United States.

04:19

Unless TikTok is sold to a U.S. company within four months.

04:23

Our intention is to keep TikTok operational.

04:26

But not under the control of the CCP.

04:30

So today, let's talk about

04:32

TikTok and the U.S. legislature,

04:34

in the past few years,

04:35

regarding TikTok's development in the U.S.,

04:37

how it should evolve,

04:38

whether it should be restricted,

04:41

all sorts of legal battles have been fought.

04:45

As we just mentioned about TikTok,

04:46

it currently has 170 million users in the U.S.,

04:48

which is quite significant.

04:50

Considering the population of the U.S. is not even 400 million,

04:52

and if you subtract minors and

04:54

many who are illiterate,

04:55

who don't quite understand, right?

04:57

It means that among adults,

04:59

actually, the majority,

05:00

about sixty to seventy percent,

05:02

have downloaded TikTok on their phones.

05:04

Over the past many years,

05:05

it has always been the app with the most users

05:08

in the U.S. app store.

05:10

But as TikTok developed in the U.S.,

05:13

it also faced some skepticism domestically.

05:16

Many people questioned,

05:17

suggesting TikTok could interfere with U.S. politics.

05:20

For example, four years ago,

05:22

during the U.S. presidential election,

05:23

some young people really disliked Trump,

05:25

so they posted on TikTok,

05:27

or made videos calling for a "seat-filling" movement.

05:30

What is a "seat-filling" movement?

05:32

Because, you know,

05:34

Trump was going to give a speech,

05:35

and you had to reserve a spot at the venue, right?

05:37

This venue had 20,000 seats.

05:39

They went ahead and reserved seats,

05:41

but then didn't show up.

05:42

So when Trump arrived,

05:44

out of 20,000 seats, only 3,000 were filled.

05:46

Right?

05:46

This made his influence seem lesser.

05:48

So you see, this is the influence

05:50

on the U.S. presidential election.

05:52

So in 2020,

05:54

there was a round of discussions in Congress,

05:56

discussing,

05:57

demanding TikTok

05:59

to sell its assets.

06:02

Otherwise, it would be delisted.

06:04

The process in 2020,

06:07

after all the discussions,

06:08

did not turn into an official bill.

06:10

Later, after Biden took office,

06:11

he did not support this bill,

06:14

and so the bill was stalled.

06:16

By 2022,

06:18

another round of questioning emerged,

06:19

and TikTok's CEO in the U.S., Zhou Shouzi,

06:21

even went to Congress for a hearing,

06:24

and made a statement.

06:26

At that time, it was said

06:28

that

06:29

federal government employees in the U.S.,

06:30

on their phones and office computers,

06:34

cannot download TikTok.

06:35

The main topic of discussion is

06:38

Up to this point

06:39

The United States has had a total of 37 states successively introduce laws

06:43

Prohibiting federal employees from using their personal cell phones

06:45

And office computers to download TikTok

06:48

But by the time 2024 arrived,

06:51

It equates to TikTok's opposition opinions

06:54

Becoming even louder

06:55

The United States' Energy and Commerce Committee

06:59

Specifically introduced a new law

07:00

This new law is pretty much the same as it was four years ago

07:03

It requires TikTok

07:05

To completely divest its assets

07:07

What does asset divestiture mean?

07:09

It means TikTok

07:10

Must complete total asset separation from China's ByteDance

07:15

That is, you have to sell it off

07:17

If you don't sell it

07:19

TikTok will be removed from the app stores in the United States

07:22

So, Apple and Google

07:23

Won't be able to keep the TikTok app

07:25

Available on there anymore

07:27

For TikTok, this could be

07:28

A disaster of epic proportions

07:30

This is the ins and outs of the whole incident

07:34

So,

07:35

On March 7th,

07:37

After the United States Energy and Commerce Committee voted in favor,

07:41

On March 13th,

07:42

The United States House of Representatives also voted

07:45

In this vote,

07:46

There were 352 votes in favor,

07:48

62 votes against,

07:49

It was a landslide majority

07:51

You should know, in the United States House of Representatives

07:53

The seats of the Democratic and Republican parties are about the same

07:57

With 352 votes in favor,

07:59

It means that the Democrats and Republicans

08:01

On the issue of banning TikTok,

08:04

a consensus was largely reached.

08:06

There were only 62 votes against,

08:08

among these 62 votes against,

08:09

about a dozen came from the Republican Party,

08:11

and around 50 came from the Democratic Party.

08:14

But after all, it's an absolute minority.

08:16

Of course, some people said the reason for

08:18

the more than 60 votes against

08:20

was also because TikTok

08:21

let go and mobilized the masses.

08:25

So, I took a look,

08:26

it's about this whole bill,

08:28

don't be fooled by this bill,

08:29

it was initiated by the U.S. Energy and Commerce Committee,

08:35

but actually, its behind-the-scenes operator is someone else.

08:38

This operator,

08:39

is a so-called U.S.-China Strategic Competition Special Committee.

08:47

This special committee

08:48

is not an American

08:50

permanent organization within the House of Representatives

08:52

It's a special committee

08:53

As the name suggests, it's established for a specific purpose

08:56

It was founded in January last year

08:58

How was it established?

09:00

Its inception actually dates back to 4 years ago

09:02

when a Republican congressman named McCarthy

09:05

considering the tense relations between the US and China over the years

09:07

established a special China Task Force

09:10

consisting of 14

09:12

Republican congressmen

09:14

discussing issues like the Taiwan issue

09:15

Chinese economic incursion

09:18

and the Uyghur issue

09:19

By 2022

09:20

the Republican Party became the majority

09:22

in the House of Representatives

09:24

Therefore

09:26

they upgraded this China Task Force

09:27

to a committee called the U.S.-China Competition over the Chinese Communist Party

09:29

Special Committee

09:35

This special committee

09:36

comprises 24

09:37

members of the U.S. House of Representatives

09:39

13 from the Republican Party

09:41

and 11 from the Democratic Party

09:44

These 24 congress members are quite notable

09:47

including 3 from the Appropriations Committee

09:49

8 from the Armed Services Committee

09:51

and 4 from

09:53

the Intelligence Committee

09:54

So, despite being small in number, their influence is significant

09:58

Especially the chairman

09:59

who is 39 years old this year

10:01

named Gallagher

10:02

Gallagher is quite young, only 39 years old

10:06

having served in the U.S. military for 7 years, he is a member of the U.S. House of Representatives

10:11

and has long been a hawkish figure towards China

10:14

After he took over the China Special Committee

10:17

you can see

10:18

that the committee's discussions are public

10:21

You can see that the top issue is TikTok

10:25

followed by the Taiwan issue, then the Uyghur issue

10:28

among seven or eight topics

10:30

So, after this special committee was established

10:32

the first thing they tackled was the TikTok bill

10:36

According to them, they took some confidential measures when working on this bill

10:40

Because if it wasn't discussed quietly

10:44

then due to the House of Representatives

10:47

and Senate being surrounded by various lobbying groups

10:51

they were worried that lobbying would prevent the bill from passing

10:54

They really are using every possible obstacle to oppose legislative actions

10:56

spending over half a million dollars

10:59

Just last quarter, there were seven different lobbying firms

11:01

involving disgusting former congress members

11:04

lobbying on behalf of TikTok

11:06

By the way, that should be illegal; congress members usually shouldn't be allowed to engage in lobbying activities.

11:07

So, after this special committee

11:11

brought out the TikTok bill

11:13

Since the special committee doesn't have the right to propose bills

11:16

they passed the bill to the Energy and Commerce Committee for a vote

11:19

That's roughly the whole story

11:25

Let's continue to analyze

11:28

the contents or reasons during the bill process

11:29

Why the US repeatedly seeks to ban TikTok

11:35

Here are mainly three reasons

11:40

The first reason is it might influence and manipulate public opinion

11:46

所谓操纵舆论是什么意思

11:46

What does manipulating public opinion mean?

11:48

Because everyone knows that TikTok is driven by algorithmic recommendations.

11:51

These algorithmic recommendations are based on the algorithm's understanding of human nature.

11:57

It thinks you might be interested in something and pushes that information to you.

12:02

So, what information gets pushed decides what content you see.

12:06

What content you see, and its click-through rate,

12:08

becomes a very important reference number

12:12

for the news or video itself.

12:16

This is a characteristic of new media dissemination.

12:20

So they say manipulating public opinion

12:22

means that TikTok actually intervenes manually through algorithm recommendations

12:26

manipulating what information a person can ultimately see

12:30

Then it decides the impact of this information on American public opinion

12:35

For example, they cited an example

12:36

saying that during this Israeli war

12:40

a lot of pro-Palestine comments suddenly appeared on TikTok

12:44

This is related to the Chinese government's stance

12:46

Your Chinese government supports Pakistan, not Israel, right?

12:49

So, there are also people in the US specifically studying

12:51

saying the characteristics of TikTok's public opinion

12:54

align with the Chinese government's speeches or stance, exactly the same

12:58

Basically consistent, so it proves it's controlling public opinion

13:02

That's the first point

13:03

The second point is collecting public information

13:06

Collecting public information is actually a common practice among internet companies now

13:10

Think about it, Google collects, so does Facebook

13:15

Because if you don't collect customer information, it's hard to do the current algorithm recommendations

13:20

Because the current algorithm recommendations are not just done by TikTok, others do it too

13:24

The third aspect is exposing personal information and tracking and positioning

13:30

This was discussed for a long time during the Federal Employee Bill two years ago

13:34

It was discussed for a long time

13:35

These are roughly the three reasons, so how to view these three reasons

13:40

I personally think these three reasons are somewhat far-fetched

13:44

Including the US intelligence agencies also accused TikTok

13:48

It could become a platform manipulated or utilized by the CCP

13:53

In this process, the US intelligence agencies have never presented concrete evidence

13:57

Proving the CCP indeed utilized TikTok to obtain US intelligence

14:03

Then what conclusion did they come to

14:05

It's not about what the Chinese government did

14:08

but about what the Chinese government could possibly do

14:12

Meaning they believe TikTok now in the US

14:15

constitutes such a large social influence

14:17

It provides a possibility for the Chinese government, even though it hasn't done so now

14:22

Why say it provides a possibility

14:24

Because although TikTok is a public company, the Chinese government

14:28

has this 1% golden share in the board

14:33

What does this 1% golden share mean

14:35

It means the Chinese government can intervene at will

14:38

TikTok's own internal algorithms

14:42

or content dissemination

14:44

Everyone knows Douyin is completely controlled in China

14:48

Because the Chinese government reviews its backend data at any time

14:51

Then the key is whether the Chinese government can control TikTok in the US

14:56

Then TikTok itself thinks it cannot

14:59

Because TikTok spent $1.5 billion, building an independent database in the US

15:04

Their representative said in the US Congress

15:08

Our database is completely isolated from China, you don't need to worry

15:13

In the past three years

15:15

We have spent billions of dollars building our Texas project

15:18

This project aims to build a firewall that will protect our American data and isolate it from our "other stuff"

15:25

Let me first ask you about the information collection related content

15:31

Yes, Senator, we have initiated a data deletion plan

15:33

I mentioned it a year ago

15:35

We have completed the first phase of data deletion

15:37

Through our data center outside the Oracle cloud infrastructure

15:41

Starting the second phase, in this phase, we will not only delete data from the data center

15:45

We will hire a third party to verify the work

15:47

Then we will proceed, you know, for example

15:50

We also deleted related data in our employees' computers

15:54

Before the Texas project

15:56

Whether all data collected by TikTok was shared with the Chinese government according to China's National Intelligence Law

16:05

Senator, we have not received any request from the Chinese government for data

16:08

We have also never provided any data to them

16:11

But now, US Congress members including many people in the intelligence community

16:16

are worried that this complete isolation cannot be fully achieved

16:21

For example, there's a very important reason

16:24

If you want to sell TikTok, doesn't it require the Chinese government's approval

16:27

Definitely needs the Chinese government's approval

16:30

If the Chinese government doesn't approve, can TikTok be sold

16:32

Then isn't it visible that the Chinese government can still control TikTok

16:36

So they believe that although TikTok has done data isolation

16:40

Actually, the Chinese government can still control TikTok

16:43

This is their most important reason, but saying is saying, doing is doing

16:47

I think this is all based on an assumption

16:51

Not based on evidence

16:54

So what does this mean, what does it imply?

16:56

I think this signifies a significant change.

16:59

You can see that since the founding of the United States, there has been a constitution,

17:03

which includes amendments to the constitution.

17:06

The very first amendment stipulates

17:08

that Congress shall make no law abridging the freedom of speech

17:12

or establishing a national religion.

17:15

This is a shining provision in the U.S. Constitution.

17:19

So, in the more than 200 years since the United States was established,

17:21

it has always had a certain institutional confidence, no matter what opponent it faced.

17:25

This institutional confidence lies in

17:28

the fact that no matter how you try to control,

17:32

you actually cannot pose a real competition and threat to the U.S. social system in a strong free speech environment.

17:36

Take the United States' past with the Soviet Union, for example.

17:42

The Soviet Union had a powerful state propaganda machine, but the U.S. was not afraid.

17:46

Because such propaganda institutions and machines

17:50

had no competitiveness in a free speech market like the U.S.

17:56

Even within the U.S. social system,

18:00

there are supporters of Mao Zedong, the Maoists.

18:02

They publish books, and the U.S. doesn't care.

18:05

Because in a free speech market,

18:08

it includes speech that opposes the U.S. social system,

18:10

even including manipulative speech by foreign governments.

18:15

Because all of the U.S.'s past institutional confidence comes from

18:19

the idea that even with such content, promoting it in the U.S.

18:24

cannot pose a real threat to the U.S. social system.

18:27

But the TikTok incident has brought about a significant change.

18:31

It's possibly the first time the U.S. has encountered

18:35

a competitive entity that could pose a real threat to U.S. society,

18:37

that entity being TikTok.

18:42

It already has 170 million users in the U.S. today, and possibly more in the future,

18:47

even potentially reaching every American smartphone having TikTok installed.

18:51

So, if it were to be controlled by the Chinese government,

18:57

the U.S. would see it as a tangible threat.

18:59

After all, this bill is a preventive measure.

19:02

This preventive measure

19:07

is like saying I feel threatened or I haven't even realized

19:08

the real, evidence-based threat, but I feel threatened

19:12

and I need to enact a law.

19:15

It's somewhat similar to

19:16

the series of legislation passed by the U.S. after 9/11,

19:21

which allowed for the inspection or surveillance of citizens' letters.

19:26

But the difference is, 9/11 was a real harm to the U.S.,

19:31

but this time with TikTok, the U.S. hasn't had solid evidence

19:35

and is already pre-emptively legislating.

19:39

So, in a way, this

19:42

also shows that such an economic system or political system of China,

19:46

the enterprises it produces or the model it exports,

19:51

starts to pose a real threat to such a social system of the U.S.

19:57

This is my most important view on the TikTok incident.

20:02

It's not merely a simple legal matter.

20:05

Of course, returning to specifics,

20:07

if this bill

20:09

finally passes the Senate as well,

20:11

now some say it's very likely to pass in the Senate,

20:13

but we don't know yet

20:15

because there are 100 senators,

20:17

and these senators

20:18

TikTok will also engage many external lobbying groups,

20:21

attempting to persuade them

20:23

to lobby them not to pass it.

20:26

But even if it passes,

20:27

the U.S. president is very likely to sign it

20:29

because Biden has already said he would sign it.

20:31

Then it really would become a law.

20:33

So, after this bill is passed,

20:35

according to the provisions of this bill,

20:37

it will have 180 days

20:39

to allow TikTok to sell its assets,

20:42

and then there's 165 days to appeal.

20:45

But in my opinion,

20:46

the future development of this matter,

20:48

if it comes to this point,

20:50

TikTok will not sell its assets.

20:53

Why?

20:54

Because years ago,

20:55

the Chinese government already classified so-called algorithms

20:58

as part of China's export control items.

21:01

Because the Chinese government believes

21:02

that the management of big data by TikTok

21:04

and the algorithms themselves involve national security

21:07

as they are absolutely internationally competitive,

21:09

such content will definitely not be sold.

21:12

They will not allow TikTok to be sold.

21:13

So, TikTok,

21:14

even if it wants to sell, it cannot be sold.

21:16

So, TikTok only has one way,

21:19

which is in the United States

21:20

to sue the U.S. Senate and House.

21:24

So, if it sues,

21:25

does it stand a chance of winning?

21:27

Or what clauses of the court must it follow

21:29

to file the lawsuit?

21:32

In my opinion, there are a few points,

21:34

one is what I just mentioned,

21:35

the First Amendment of the U.S. Constitution,

21:38

which states that Congress shall not make laws

21:40

that limit freedom of speech.

21:42

So, the prohibition on TikTok

21:45

could possibly violate

21:47

the First Amendment.

21:49

This lawsuit could last a long time,

21:50

possibly even reaching the U.S. Supreme Court.

21:53

Secondly, the principle of proportionality,

21:55

as I just mentioned,

21:56

when Congress is drafting this bill,

21:59

actually, there is no concrete information

22:01

proving that the Chinese government has used TikTok

22:04

to control American public opinion

22:06

or even American political operations.

22:09

It's all hypothetical.

22:10

Just based on a hypothesis, you completely remove an app

22:15

used by 170 million people.

22:18

Does that comply with the principle of proportionality?

22:20

Aren't there other ways?

22:22

Like you initially restrict federal employees from using it,

22:25

or could you make

22:27

the TikTok

22:29

data center in the U.S. subject to stronger government regulation

22:32

to ensure its isolation from the Chinese government.

22:34

Can this be achieved?

22:36

If you can do this,

22:37

then wouldn't there be no need to ban the app?

22:38

Actually, there's a lot of room for discussion here.

22:41

In fact,

22:41

I think there's quite a bit of room for discussion.

22:43

It's about not complying with the principle of proportionality.

22:47

The third aspect is equal protection.

22:49

So-called equal protection

22:51

means TikTok, as a company from China,

22:54

if you assume

22:55

that every company from China

22:56

is controlled by China,

22:58

then no Chinese companies can operate in the U.S.

23:01

or they would all face some form of discrimination.

23:04

Wouldn't this violate equal protection?

23:06

According to U.S. constitutional principles,

23:08

any production

23:11

or business activities conducted in the U.S.

23:12

Everyone should be treated equally.

23:14

There should be no discrimination.

23:15

Then how do you differentiate?

23:16

Because theoretically speaking, on TikTok

23:18

it's just a public company.

23:20

It's just that the Chinese government holds 1% of

23:23

this golden voting right.

23:25

What about other industries?

23:26

Do you also apply this principle to them?

23:28

So where exactly is the boundary?

23:30

Therefore, I think there's a case to be fought.

23:32

Whether we can win it, we don't know,

23:34

but there's a case to be fought.

23:36

So in my opinion,

23:38

this matter, in the future,

23:39

TikTok in American society,

23:42

its prospects are still filled with uncertainty.

23:44

But from my personal point of view,

23:46

I think actually the U.S. Congress

23:49

does not have sufficient reasons to completely ban TikTok.

23:52

From my perspective,

23:53

to prevent TikTok

23:55

and the Chinese government

23:57

from a complete information isolation,

23:59

other efforts haven't been made.

24:02

From my own point of view,

24:03

for instance,

24:04

can TikTok

24:06

its own data center in the U.S.

24:09

be subject to stronger third-party oversight,

24:12

to ensure the data center's data

24:14

is completely isolated from the Chinese government.

24:18

Just like Apple in China,

24:19

doing that Cloud in Guizhou thing,

24:20

in the U.S. we could do a

24:22

Cloud over Las Vegas, right?

24:24

This is Las Vegas,

24:25

if completely regulated by the U.S. government,

24:27

then the independence of the information can be ensured.

24:29

So personally, I think

24:31

if just for this reason alone,

24:33

completely banning TikTok,

24:35

the reasons are not as sufficient as many think.

24:38

Alright, that's all for today.

24:39

Thank you, everyone.

24:40

Breaking news: The House of Representatives on Capitol Hill has just passed a bill that could ban TikTok.

24:45

The U.S. House of Representatives has passed a bill that will ban the use of Chinese-owned apps in the U.S.

24:52

unless TikTok is sold to an American company within four months.

24:55

Before the Texas project,

24:58

whether all the data collected by TikTok is shared with the Chinese government according to China's National Intelligence Law

25:07

Congressman, we have not received any requests from the Chinese government for any data, nor have we ever provided them with any.

25:10

We believe we can overcome the difficulties together; I encourage you

25:12

to share your story,

25:39

share it with your friends,

25:42

share it with your family,

25:43

share it with your local representatives,

25:45

protect your constitutional rights,

25:47

make sure your voice is heard.