Comment Re:Isn't that unconstitutional? (Score 1) 45
What is it about any "foreign adversary controlled application" that you don't understand?
You tell me, the term is defined in the text of the bill. What don't I understand?
(3) FOREIGN ADVERSARY CONTROLLED APPLICATION.--The term "foreign adversary controlled application" means a website, desktop application, mobile application, or augmented or immersive technology application that is operated, directly or indirectly (including through a parent company, subsidiary, or affiliate), by-
(A) any of--
(i) ByteDance, Ltd.;
(ii) TikTok;
(iii) a subsidiary of or a successor to an entity identified in clause (i) or (ii) that is controlled by a foreign adversary; or
(iv) an entity owned or controlled, directly or indirectly, by an entity identified in clause (i), (ii), or (iii); or
(B) a covered company that--
(i) is controlled by a foreign adversary; and
(ii) that is determined by the President to present a significant threat to the national security of the United States following the issuance of--
(I) a public notice proposing such determination; and
(II) a public report to Congress, submitted not less than 30 days before such determination, describing the specific national security concern involved and containing a classified annex and a description of what assets would need to be divested to execute a qualified divestiture.
That some companies are on the list to begin with is not unusual, and the president can add or remove companies to and from the list.
While I'm no lawyer I do have some experience with logical operations. If A is always true then it is not possible for 'A OR B' to ever evaluate to false. So no the president cannot in fact remove companies from the list.
The fact congress specified one specific company and has an entirely separate regime for adding any other companies means the company they added was singled out for special treatment not applicable to anyone else.
It would be one thing to create a TikTok bill and never mention TikTok but when you have materially different inclusion criteria for one named organization that isn't treating everyone the same.