• djsoren19@yiffit.net
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    8 months ago

    It’ll be interesting to see how this one plays out. In my head this argument is a little shaky, since it seems to be effectively arguing that Americans have the right to access foreign propoganda machines? There is legal precedent here, but the nature of propoganda has massively changed since the 60s.

    This is going to be a very interesting court case that has broad reaching implications, but expect no Americans to give a shit because it’s not going to feature a trash fire to gawk at.

    • huginn@feddit.it
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      8 months ago

      Lamont v. Postmaster General(1965)

      Supreme Court ruled that publishing propaganda in America is free speech. You’re not allowed to interfere with an American’s access to propaganda

      Justice Brennan made explicit what had been implicit in the majority opinion, declaring that “the right to receive publications is . . . a fundamental right,” the protection of which is “necessary to make the express guarantees [of the First Amendment] fully meaningful.”

      • djsoren19@yiffit.net
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        8 months ago

        I’m aware of the precedent, but there’s a pretty massive difference between being able to receive printed media, and being able to have continual access to post and contribute content to a foreign propoganda tool that uses an algorithm to purposefully suppress subjects the CCP disapproves of. I don’t believe the precedent is going to be applicable here, but IANAL, and maybe ByteDance’s lawyers think this defense will be a slam dunk.

        • zaph@sh.itjust.works
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          8 months ago

          To me it sounds the exact same. The language doesn’t say “printed propaganda that doesn’t have a lot of nuance” it just says publications.

          • djsoren19@yiffit.net
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            8 months ago

            Sure, but if you tried to explain TikTok to the ruling judge on the 1965 case, I think their head would explode. The ruling isn’t some all powerful precedent that shuts down the ban before the suit can begin, it’s old and outdated. Something like TikTok was not even getting theorized at the time, you can’t seriously expect it to be treated the same way.

        • archomrade [he/him]@midwest.social
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          8 months ago

          I don’t think the source of propaganda is relevant to the distinction being made by the precedent. If TikTok can be considered propaganda, then so can Facebook or Twitter or Instagram because they all utilize algorithms subject to the control or manipulation by their owners.

    • RobotToaster@mander.xyz
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      8 months ago

      In my head this argument is a little shaky, since it seems to be effectively arguing that Americans have the right to access foreign propoganda machines?

      I don’t see why that’s shaky? There a plenty of books written by members of the CPC (Including Xi Jinping himself) on Amazon, in English, should Americans be banned from accessing that foreign propaganda?

    • lanolinoil@lemmy.world
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      8 months ago

      Especially for real law, you would have to define propaganda which I don’t think has really been done.

      I have thought about it and I don’t see why all information isn’t some form of propaganda because you’re either bias on purpose by trying to persuade or bias by what you’re aware of and know which can’t be all information with our tiny human minds.

      How do you measure bias without having some objective physical level model of the truth even?

      I think the argument against TikTok and other Chinese companies is probably that you wouldn’t allow Facebook by Chinese Communist Party and this crosses the line into that. To be fair though, you could probably ultimately make the same argument for US companies. Why is there so much money available for ads for VPNs compared to the financials of that market? Only a few answers to that one…

      • djsoren19@yiffit.net
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        8 months ago

        Propoganda does have a legal definition though, it’s not nearly as nebulous as all biased information. It does need to be purposefully distorting, either by falsifying information or by withholding relevant information. It also needs to be produced by an organized group or government, just making up nonsense about yourself doesn’t count.

        • lanolinoil@lemmy.world
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          8 months ago

          Yeah, that’s true-- but all the laws where ‘a reasonable person…’ make me feel like the porn definition “I know it when I see it!”

    • AnAnonymous@lemm.ee
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      8 months ago

      I believe people should have the right to consume the propaganda they choose.

      • djsoren19@yiffit.net
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        8 months ago

        I can agree with that, but it becomes muddier when it’s a social media platform where your participation on the platform lends it credibility. As an example, the Hong Kong protests were supressed on TikTok at the behest of the CCP. You could argue that by creating the content that ByteDance’s algorithm used to bury the videos being posted on TikTok, regular unwitting Americans were assisting the CCP in covering up the protests.

        It’ll be on ByteDance to prove those kinds of concerns invalid, just as it will be the US’ job to demonstrate the threat posed by TikTok to Americans.

          • djsoren19@yiffit.net
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            8 months ago

            Yeah, except China has been committing a genocide and would gladly commit an atrocity on the scale of Israel x Palestine to Taiwan if the U.S. blinks.

            Yes, the U.S. is evil as hell, and yet China is still worse. The U.S. doesn’t have citizen reeducation camps, people don’t get disappeared for talking out against dear leader. If you can’t understand why giving an adversary like that unfettered access to people’s minds is a security risk, I’ve no interest in arguing geopolitics with you.

            • archomrade [he/him]@midwest.social
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              8 months ago

              I’m not making a comparison between china and the us, I’m simply pointing out that banning chinese control over social media doesn’t address the vulnerability of social media being manipulated against users by other parties.

              If you have a problem with china owning a social media platform because they could potentially scew public perception through manipulative practices, then I would imagine the core of the issue isn’t chinese ownership but the manipulative potential of social media algorithms generally.

              I think most people would much prefer more transparent practices and user choice, such as what federated social media protocols provide. We shouldn’t simply ban the one we fear, we should regulate them all so that users have more choice and control themselves.