U.S. President-elect Donald Trump has vowed to repeal President Joe Biden’s executive order on artificial intelligence security, setting the stage for deregulation for AI companies by nominating pro-business, pro-startups Silicon Valley leaders.

The nomination of Jacob Helberg, an outspoken China critic, for a key State Department post indicates Trump’s intention to lead over China in AI, according to analysts.

“We’re likely to see quite a great focus on countering China when it comes to AI – beating China, when it comes to having the most advanced AI capabilities,” says Ruby Scanlon, a researcher on technology and national security at Center for a New America Security.

Click here for the full story in Mandarin.
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Tirana, Albania — Albania’s prime minister said Sunday the ban on TikTok his government announced a day earlier was “not a rushed reaction to a single incident.”

Edi Rama said Saturday the government will shut down TikTok for one year, accusing the popular video service of inciting violence and bullying, especially among children.

Authorities have held 1,300 meetings with teachers and parents since the November stabbing death of a teenager by another teen after a quarrel that started on social media apps. Ninety percent of them approve of the ban on TikTok.

“The ban on TikTok for one year in Albania is not a rushed reaction to a single incident, but a carefully considered decision made in consultation with parent communities in schools across the country,” said Rama.

Following Tirana’s decision, TikTok asked for “urgent clarity from the Albanian government” in the case of the stabbed teenager. The company said it had “found no evidence that the perpetrator or victim had TikTok accounts, and multiple reports have in fact confirmed videos leading up to this incident were being posted on another platform, not TikTok.”

“To claim that the killing of the teenage boy has no connection to TikTok because the conflict didn’t originate on the platform demonstrates a failure to grasp both the seriousness of the threat TikTok poses to children and youth today and the rationale behind our decision to take responsibility for addressing this threat,” Rama said.

“Albania may be too small to demand that TikTok protect children and youth from the frightening pitfalls of its algorithm,” he said, blaming TikTok for “the reproduction of the unending hell of the language of hatred, violence, bullying and so on.”

Albanian children comprise the largest group of TikTok users in the country, according to domestic researchers.

Many youngsters in Albania did not approve of the ban.

“We disclose our daily life and entertain ourselves, that is, we exploit it during our free time,” said Samuel Sulmani, an 18-year-old in the town of Rreshen, 75 kilometers north of the capital Tirana, on Sunday. “We do not agree with that because that’s a deprivation for us.”

But Albanian parents have been increasingly concerned following reports of children taking knives and other objects to school to use in quarrels or cases of bullying promoted by stories they see on TikTok.

“Our decision couldn’t be clearer: Either TikTok protects the children of Albania, or Albania will protect its children from TikTok,” Rama said.
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TIRANA, ALBANIA — Albania’s prime minister said Saturday the government will shut down the video service TikTok for one year, blaming it for inciting violence and bullying, especially among children. 

Albanian authorities held 1,300 meetings with teachers and parents following the stabbing death of a teenager in mid-November by another teen after a quarrel that started on TikTok. 

Prime Minister Edi Rama, speaking at a meeting with teachers and parents, said TikTok “would be fully closed for all. … There will be no TikTok in the Republic of Albania.” Rama said the shutdown would begin sometime next year. 

It was not immediately clear if TikTok has a representative in Albania. 

In an email response Saturday to a request for comment, TikTok asked for “urgent clarity from the Albanian government” on the case of the stabbed teenager. The company said it had “found no evidence that the perpetrator or victim had TikTok accounts, and multiple reports have in fact confirmed videos leading up to this incident were being posted on another platform, not TikTok.” 

Albanian children comprise the largest group of TikTok users in the country, according to domestic researchers. 

There has been increasing concern from Albanian parents after reports of children taking knives and other objects to school to use in quarrels or cases of bullying promoted by stories they see on TikTok. 

TikTok’s operations in China, where its parent company is based, are different, “promoting how to better study, how to preserve nature … and so on,” according to Rama. 

Albania is too small a country to impose on TikTok a change of its algorithm so that it does not promote “the reproduction of the unending hell of the language of hatred, violence, bullying and so on,” Rama’s office wrote in an email response to The Associated Press’ request for comment. Rama’s office said that in China TikTok “prevents children from being sucked into this abyss.” 

Authorities have set up a series of protective measures at schools, starting with an increased police presence, training programs and closer cooperation with parents. 

Rama said Albania would follow how the company and other countries react to the one-year shutdown before deciding whether to allow the company to resume operations in Albania. 

Not everyone agreed with Rama’s decision to close TikTok. 

“The dictatorial decision to close the social media platform TikTok … is a grave act against freedom of speech and democracy,” said Ina Zhupa, a lawmaker of the main opposition Democratic Party. “It is a pure electoral act and abuse of power to suppress freedoms.” 

Albania holds parliamentary elections next year. 
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Generative artificial intelligence companies are racing to build on the popularity of programs like ChatGPT, but AI regulation has not kept pace with the technology. Now, an incoming administration could favor U.S. domination over risk mitigation. Tina Trinh reports.
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As new potential threats from Chinese hackers were identified this week, the federal government issued one of its strongest warnings to date about the need for Americans — and in particular government officials and other “highly targeted” individuals — to secure their communications against eavesdropping and interception.

The warning came as news was breaking about a Commerce Department investigation into the possibility that computer network routers manufactured by the Chinese firm TP-Link may pose a threat to the millions of U.S. businesses, households and government agencies that use them.

Also on Wednesday, Congress took long-awaited steps toward funding a program that will purge other Chinese technology from U.S. telecommunications systems. The so-called rip-and-replace program targets gear manufactured by Chinese firms Huawei and ZTE.

Too far behind

While experts said the recent actions are a step in the right direction, they warned that U.S. policymakers have been extremely slow to react to a mountain of evidence that Chinese hackers have long been targeting essential communications and infrastructure systems in the U.S.

The lack of action has persisted despite law enforcement and intelligence agencies repeatedly sounding alarms.

In January, while testifying before the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party, FBI Director Christopher Wray said, “There has been far too little public focus on the fact that [People’s Republic of China] hackers are targeting our critical infrastructure — our water treatment plants, our electrical grid, our oil and natural gas pipelines, our transportation systems. And the risk that poses to every American requires our attention now.”

A year previously, Wray had warned lawmakers on the House Appropriations Committee that his investigators were badly outnumbered.

“To give you a sense of what we’re up against, if each one of the FBI’s cyber agents and intel analysts focused exclusively on the China threat, Chinese hackers would still outnumber FBI Cyber personnel by at least 50-to-1,” Wray said.

Decades of complexity

Part of the problem, experts said, is that it is difficult for policymakers to summon the political will to make changes that could be disruptive to the lives and livelihoods of U.S. citizens in the absence of public concern about the problem.

“It still remains very, very difficult to impress upon average, typical everyday citizens the gravity of Chinese espionage, or the extent of it,” said Bill Drexel, a fellow with the Technology and National Security Program at the Center for a New American Security.

He contrasted the relatively muted public response to the recent revelation of a Chinese hacking operation known as Salt Typhoon, which compromised mobile telephone networks throughout the country, with the uproar that accompanied the far less serious appearance of a Chinese spy balloon over the U.S. mainland in 2023.

“That just goes to show this … problem where really grave issues that are intangible — that are just in cyberspace — are really hard to wrap our minds around,” Drexel told VOA.

“For four decades, we intertwined our supply chains very deeply with China, and our digital systems became more and more complex, allowing more and more compounding ways to be hacked, to be compromised,” Drexel said.

“We’ve just started to try to change course on this stuff,” he added. “But there’s so much momentum for so long on these issues, and they continue to compound in complexity, such that it’s just really hard to catch up.”

Warning ‘highly targeted’ Americans

The Cybersecurity and Infrastructure Security Agency (CISA) issued guidance on Wednesday, reporting that it “has identified cyber espionage activity by People’s Republic of China (PRC) government-affiliated threat actors targeting commercial telecommunications infrastructure.”

It continued, “This activity enabled the theft of customer call records and the compromise of private communications for a limited number of highly targeted individuals.”

The warning appeared to be related to the Salt Typhoon hack that, according to government investigators, compromised all the major mobile phone carriers in the U.S., giving the Chinese government extraordinary access to the communications among millions of Americans.

The five-page CISA document outlines steps that the agency advises all Americans, but particularly those most likely to be targeted, to take immediately.

The first is to immediately curtail use of standard mobile communications platforms, such as voice calls and Short Message Service (SMS) texting. Instead, the agency advises Americans to restrict their communications to free messaging platforms that offer end-to-end encryption, such as Signal, which support one-on-one and group chats, as well as voice and video calls. Data sent with end-to-end encryption is extremely difficult to decrypt, even if a malicious actor is able to intercept it during transmission.

Among the other advice CISA offered was to avoid using SMS messages for multifactor authentication by switching to apps that provide authenticator codes or, where possible, adopting hardware-based security keys for highly sensitive accounts. Other recommendations included the use of complex and random passwords stored in password manager software, as well as platform-specific suggestions for iPhone and Android users.

TP-Link concerns

On Wednesday, The Wall Street Journal reported, and other outlets subsequently confirmed, that the Commerce Department, as well as the Justice and Defense departments, are investigating reports that computer routers manufactured by the Shenzhen-based TP-Link are one vector of attack for Chinese hackers.

TP-Link currently dominates the market for computer routers in the U.S., with nearly two-thirds of total market share. In October, a report from Microsoft revealed that one Chinese hacking operation it identified as CovertNetwork-1658 has compromised thousands of TP-Link routers to create a network that is used by “multiple Chinese threat actors” to gain illicit access to computer networks around the world.

The Journal’s reporting also revealed that the Commerce Department is considering a ban on the sale of TP-Link routers in the U.S. next year, an action that could significantly disrupt the U.S. market for networking hardware.

Rip and replace

Congress on Wednesday took long-delayed action to address a different potential threat from China, allocating $3 billion to a program that will remove telecommunications equipment manufactured by Huawei and ZTE from rural telecommunications networks in the U.S.

Funding for the rip-and-replace program arrives years after the U.S. identified the two companies as posing a potential threat.

Beginning in the first Trump administration and continuing during Joe Biden’s time in office, the U.S. pressured allies around the world to block the installation of Huawei and ZTE 5G cellular communications equipment from their networks, in some cases threatening to stop sharing sensitive intelligence with allies that failed to comply. 
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washington — Experts on cybersecurity and online foreign influence campaigns are urging social media company Bluesky, whose app has exploded in popularity in recent weeks, to step up moderation to counter potential state-sponsored influence efforts.

Over the past month, Bluesky, a microblogging platform with its roots in Twitter, has seen one of its biggest increases in new user registrations since it was publicly released in February. Over 25 million are now on the platform, close to half of whom joined after the 2024 U.S. presidential election.

Rose Wang, Bluesky’s chief operating officer, said in a recent interview that Bluesky does not intend to push any political ideologies.

“We have no political viewpoint that we are trying to promote,” she said in early December.

Exploiting users’ political leanings

Many who joined Bluesky have cited user experience as one of the reasons for migrating from social media platform X. They also have said they joined the platform after Election Day because they are critics of Elon Musk and President-elect Donald Trump. Some commentators in the U.S. have questioned whether Bluesky is risking becoming an echo chamber of the left.

Some experts contend the platform’s liberal-leaning users could be exploited by foreign propagandists. Joe Bodnar, who tracks foreign influence operations for the Institute for Strategic Dialogue, told VOA Mandarin that Russian propaganda often appeals to the anti-establishment left in the U.S. on contentious topics, like Gaza, gun violence and America’s global dominance.

“The Kremlin wants to make those arguments even louder,” Bodnar said. “Sometimes that means they play to the left.”

So far, at least three accounts that belong to RT, a Russia-controlled media outlet, have joined Bluesky. Sputnik Brazil is also actively posting on the platform.

VOA Mandarin found that at least two Chinese accounts that belong to state broadcaster CGTN have joined the platform.

Bluesky does not assign verification labels. One way to authenticate an account is for the person or organization to link it to the domain of its official website.

There are at least four other accounts that claim to be Chinese state media outlets, including China Daily, the Global Times and People’s Daily. None of the three publications replied to VOA’s emails inquiring about these accounts’ authenticity.

Additionally, Beijing has played heavily to the Western left on certain global issues. China has consistently called for a ceasefire in Gaza and blamed the West for supporting Israel.

But those familiar with Chinese and Russian state media say the left-leaning user base on Bluesky actually could give Beijing and Moscow a hard time for pushing their narratives.

“Bluesky isn’t the most hospitable place for Russian narratives,” Bodnar said.

Sean Haines, a British national who used to work for Chinese state media outlets, shared similar opinions in a recent blog post about Bluesky.

“With its predominately Western liberal leaning, the platform also will be an uphill challenge for those looking to push overtly nationalistic viewpoints,” he wrote.

Most of the Chinese and Russian state media accounts have only hundreds of followers, with RT en Espanol at the top, with nearly 7,000.

Could ‘decentralization’ be detrimental?

China and Russia have been finding ways to reach the American public through covert disinformation operations on social media. During this year’s election, disinformation campaigns connected to China and Russia promoted claims that cast doubt on the integrity of the voting process.

Similar tactics could soon be coming to Bluesky.

“I don’t think Bluesky is more vulnerable to influence campaigns than X or other social networks,” Jennifer Victoria Scurrell, a researcher on AI-supported influence operations, told VOA Mandarin. But Scurrell, of ETH Zurich’s Center for Security Studies, said Bluesky’s decentralized moderation approach is flawed.

Jack Dorsey, the founder of Twitter, started Bluesky as an internal project to give users more power over moderation. Bluesky then went independent in 2021.

“Our mission is to develop and drive large-scale technologies of open and decentralized public conversation,” the company says on its website.

To do that, Bluesky “decentralized” its moderation authority, giving users tools to customize their experience on the site.

Bluesky offers a universal basic moderation setting for every user, which labels content such as extremism, misinformation, fake accounts and adult content. Users can choose whether to see the content labeled by Bluesky. Users can report to Bluesky content or accounts they believe have violated Bluesky’s guidelines.

On top of that, users get to create their own moderation settings to label or filter out certain content and accounts. Other users can subscribe to these customized settings, should they choose.

Scurrell, who helps test security weaknesses for OpenAI as a contractor, told VOA Mandarin the decentralized approach to moderation could be a double-edged sword.

“Societal values are diverse, contextual and local, which makes decentralized moderation an appealing concept,” she wrote in her replies to VOA.

She warned that outsourcing content moderation to users, though, “raises serious concerns” because the approach would give bad actors the same amount of power as normal users.

“What happens if an entire node is taken over by malicious actors spreading disinformation or manipulative content,” she wrote, or “if the system gets hijacked by an army of bots?”

VOA Mandarin emailed Bluesky a list of detailed questions about its moderation policy against potential foreign influence attempts but did not receive a response.

Experts have urged Bluesky to implement measures to counter potential foreign influence campaigns.

In a recent blog post, Sarah Cook, an independent China watcher and former China director at Freedom House, urged Bluesky to label state media accounts, a practice exercised by many social media companies, so users know of these accounts’ ties to foreign governments.

Eugenio Benincasa, an expert on Chinese cyber threats at ETH Zurich, asserts that studying how Chinese tech companies help Beijing surveil social media platforms and manipulate online discussions can help Bluesky better prepare.

“It is crucial to thoroughly study the evolving influence tactics enabled by tools like public opinion monitoring systems to identify vulnerabilities that may have been overlooked or are emerging, in order to develop effective safeguards,” Benincasa said.
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WASHINGTON — The U.S. cybersecurity watchdog CISA is telling senior American government officials and politicians to immediately switch to end-to-end encrypted messaging following intrusions at major American telecoms blamed on Chinese hackers. 

In written guidance released on Wednesday, the Cybersecurity and Infrastructure Security Agency said “individuals who are in senior government or senior political positions” should “immediately review and apply” a series of best practices around the use of mobile devices. 

The first recommendation: “Use only end-to-end encrypted communications.” 

End-to-end encryption — a data protection technique that aims to make data unreadable by anyone except its sender and its recipient — is baked into various chat apps, including Meta Platforms’ WhatsApp, Apple’s iMessage, and the privacy-focused app Signal. Corporate offerings, which allow end-to-end encryption, also include Microsoft’s Teams and Zoom Communications’ meetings. 

CISA’s message is the latest in a series of increasingly stark warnings issued by American officials in the wake of dramatic hacks of U.S. telecom companies by a group dubbed “Salt Typhoon.” 

Last week, Democratic Senator Ben Ray Lujan said, “this attack likely represents the largest telecommunications hack in our nation’s history.” 

U.S. officials have blamed China for the hacking. Beijing routinely denies allegations of cyberespionage. 
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WASHINGTON — The U.S. Supreme Court decided on Wednesday to hear a bid by TikTok and its China-based parent company, ByteDance, to block a law intended to force the sale of the short-video app by January 19 or face a ban on national security grounds. 

The justices did not immediately act on an emergency request by TikTok and ByteDance, as well as by some of its users who post content on the social media platform, for an injunction to halt the looming ban, opting instead to hear arguments on the matter on January 10.  

The challengers are appealing a lower court’s ruling that upheld the law. TikTok is used by about 170 million Americans. 

Congress passed the measure in April and President Joe Biden, a Democrat, signed it into law. The Justice Department had said that as a Chinese company, TikTok poses “a national-security threat of immense depth and scale” because of its access to vast amounts of data on American users, from locations to private messages, and its ability to secretly manipulate content that Americans view on the app. TikTok has said it poses no imminent threat to U.S. security.  

TikTok and ByteDance asked the Supreme Court on December 16 to pause the law, which they said violates free speech protections under the U.S. Constitution’s First Amendment.  

TikTok on Wednesday said it was pleased the court will take up the issue. “We believe the court will find the TikTok ban unconstitutional so the over 170 million Americans on our platform can continue to exercise their free speech rights,” the company said. 

The companies said that being shuttered for even one month would cause TikTok to lose about a third of its U.S. users and undermine its ability to attract advertisers and recruit content creators and employee talent. 

The U.S. Court of Appeals for the District of Columbia Circuit in Washington on December 6 rejected the First Amendment arguments by the companies.  

In their filing to the Supreme Court, TikTok and ByteDance said that “if Americans, duly informed of the alleged risks of ‘covert’ content manipulation, choose to continue viewing content on TikTok with their eyes wide open, the First Amendment entrusts them with making that choice, free from the government’s censorship.” 

Senate Republican leader Mitch McConnell on Wednesday, in a brief filed with the Supreme Court, urged the court to reject any delay, comparing TikTok to a hardened criminal. 

A U.S. ban on TikTok would make the company far less valuable to ByteDance and its investors, and hurt businesses that depend on TikTok to drive their sales. 

Republican President-elect Donald Trump, who unsuccessfully tried to ban TikTok during his first term in the White House in 2020, has reversed his stance and promised during the presidential race this year that he would try to save TikTok. Trump said on Dec. 16 that he has “a warm spot in my heart for TikTok” and that he would “take a look” at the matter. 

Trump takes office on January 20, the day after the TikTok deadline under the law. 

In its decision, the D.C. Circuit wrote, “The First Amendment exists to protect free speech in the United States. Here the government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.” 

TikTok has denied it has or ever would share U.S. user data, accusing U.S. lawmakers in the lawsuit of advancing speculative concerns. It has characterized the ban as a “radical departure from this country’s tradition of championing an open Internet.”  

The dispute comes at a time of growing trade tensions between the world’s two biggest economies after the Biden administration placed new restrictions on the Chinese chip industry and China responded with a ban on exports of gallium, germanium and antimony, metals which are used in making high-tech microchips, to the United States. 

The U.S. law would bar providing certain services to TikTok and other foreign adversary-controlled apps including offering it through app stores such as Apple and Alphabet’s Google, effectively preventing TikTok’s continued U.S. use unless ByteDance divests TikTok by the deadline. 

An unimpeded ban could open the door to a future crackdown on other foreign-owned apps. In 2020, Trump had also tried to ban WeChat, owned by Chinese company Tencent, but was blocked by the courts.
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A bipartisan effort to protect children from the harms of social media is running out of time in this session of the U.S. Congress. If passed, the Kids Online Safety Act would institute safeguards for minors’ personal data online. But free speech advocates and some Republicans are concerned the bill could lead to censorship. VOA’s Congressional Correspondent Katherine Gypson has more. Kim Lewis contributed to this story.
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Paris — The Democratic Republic of Congo has filed criminal complaints against Apple subsidiaries in France and Belgium, accusing the tech firm of using conflict minerals in its supply chain, lawyers for the Congolese government told Reuters. 

Congo is a major source of tin, tantalum and tungsten, so-called 3T minerals used in computers and mobile phones. But some artisanal mines are run by armed groups involved in massacres of civilians, mass rapes, looting and other crimes, according to U.N. experts and human rights groups. 

Apple does not directly source primary minerals and says it audits suppliers, publishes findings and funds bodies that seek to improve mineral traceability. 

Apple last year said it had “no reasonable basis for concluding” its products contain illegally exported minerals from conflict-hit zones. The tech giant has insisted it carefully verifies the origin of materials in its output. 

Its 2023 filing on conflict minerals to the U.S. Securities and Exchange Commission said none of the smelters or refiners of 3T minerals or gold in its supply chain had financed or benefited armed groups in Congo or neighboring countries. 

But international lawyers representing Congo argue that Apple uses minerals pillaged from Congo and laundered through international supply chains, which they say renders the firm complicit in crimes taking place in Congo. 

In parallel complaints filed to the Paris prosecutor’s office and to a Belgian investigating magistrate’s office on Monday, Congo accuses local subsidiaries Apple France, Apple Retail France and Apple Retail Belgium of a range of offenses. 

These include covering up war crimes and the laundering of tainted minerals, handling stolen goods, and carrying out deceptive commercial practices to assure consumers supply chains are clean. 

“It is clear that the Apple group, Apple France and Apple Retail France know very well that their minerals supply chain relies on systemic wrongdoing,” says the French complaint, after citing U.N. and rights reports on conflict in east Congo. 

Belgium had a particular moral duty to act because looting of Congo’s resources began during the 19th-century colonial rule of its King Leopold II, Congo’s Belgian lawyer Christophe Marchand said. 

“It is incumbent on Belgium to help Congo in its effort to use judicial means to end the pillaging,” he said. 

The complaints, prepared by the lawyers on behalf of Congo’s justice minister, make allegations not just against the local subsidiaries but against the Apple group as a whole. 

France and Belgium were chosen because of their perceived strong emphasis on corporate accountability. Judicial authorities in both nations will decide whether to investigate the complaints further and bring criminal charges. 

In an unrelated case in March, a U.S. federal court rejected an attempt by private plaintiffs to hold Apple, Google, Tesla, Dell and Microsoft accountable for what the plaintiffs described as their dependence on child labor in Congolese cobalt mines. 

Minerals fuel violence 

Since the 1990s, Congo’s mining heartlands in the east have been devastated by waves of fighting between armed groups, some backed by neighboring Rwanda, and the Congolese military. 

Millions of civilians have died and been displaced. 

Competition for minerals is one of the main drivers of conflict as armed groups sustain themselves and buy weapons with the proceeds of exports, often smuggled via Rwanda, according to U.N. experts and human rights organizations. 

Rwanda denies benefiting from the trade, dismissing the allegations as unfounded. 

Among the appendices to Congo’s legal complaint in France was a statement issued by the U.S. State Department in July, expressing concerns about the role of the illicit trade in minerals from Congo, including tantalum, in financing conflict. 

The statement was a response to requests from the private sector for the U.S. government to clarify potential risks associated with manufacturing products using minerals extracted, transported or exported from eastern Congo, Rwanda and Uganda. 

Congo’s complaints focus on ITSCI, a metals industry-funded monitoring and certification scheme designed to help companies perform due diligence on suppliers of 3T minerals exported from Congo, Rwanda, Burundi and Uganda. 

Congo’s lawyers argue that ITSCI has been discredited, including by the Responsible Minerals Initiative (RMI) of which Apple is a member, and that Apple nevertheless uses ITSCI as a fig leaf to falsely present its supply chain as clean. 

The RMI, whose members include more than 500 companies, announced in 2022 it was removing ITSCI from its list of approved traceability schemes. 

In July, it said it was prolonging the suspension until at least 2026, saying ITSCI had not provided field observations from high-risk sites or explained how it was responding to an escalation of violence in North Kivu province, which borders Rwanda and is a key 3T mining area. 

ITSCI criticized the RMI’s own processes and defended its work in Congo as reliable. It has also rejected allegations in a 2022 report by campaigning group Global Witness entitled “The ITSCI Laundromat,” cited in Congo’s legal complaint in France, that it was complicit in the false labeling of minerals from conflict zones as coming from mines located in peaceful areas. 

Apple mentioned ITSCI five times in its 2023 filing on conflict minerals. The filing also made multiple mentions of the RMI, in which Apple said it had continued active participation and leadership but did not mention the RMI’s ditching of ITSCI. 

In its July statement, the U.S. State Department said flaws in traceability schemes have not garnered sufficient engagement and attention to lead to changes needed. 

Robert Amsterdam, a U.S.-based lawyer for Congo, said the French and Belgian complaints were the first criminal complaints by the Congolese state against a major tech company, describing them as a “first salvo” only. 

Some information for this report came from Agence France-Presse. 
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LONDON — European Union regulators said Tuesday they’re investigating whether TikTok breached the bloc’s digital rulebook by failing to deal with risks to Romania’s presidential election, which has been thrown into turmoil over allegations of electoral violations and Russian meddling.

The European Commission is escalating its scrutiny of the popular video-sharing platform after Romania’s top court canceled results of the first round of voting that resulted in an unknown far-right candidate becoming the front-runner.

The court made its unprecedented decision after authorities in the European Union and NATO member country declassified documents alleging Moscow organized a sprawling social media campaign to promote a long-shot candidate, Calin Georgescu.

“Following serious indications that foreign actors interfered in the Romanian presidential elections by using TikTok, we are now thoroughly investigating whether TikTok has violated the Digital Services Act by failing to tackle such risks,” European Commission President Ursula von der Leyen said in a press release. “It should be crystal clear that in the EU, all online platforms, including TikTok, must be held accountable.”

The European Commission is the 27-nation European Union’s executive arm and enforces the bloc’s Digital Services Act, a sweeping set of regulations intended to clean up social media platforms and protect users from risks such as election-related misinformation. It ordered TikTok earlier this month to retain all information related to the election.

In the preliminary round of voting on Nov. 24 Georgescu was an outsider among the 13 candidates but ended up topping the polls. He was due to face a pro-EU reformist rival in a runoff before the court canceled the results.

The declassified files alleged that there was an “aggressive promotion campaign” to boost Georgescu’s popularity, including payments worth a total of $381,000 to TikTok influencers to promote him on the platform.

TikTok said it has “protected the integrity” of its platform over 150 elections around the world and is continuing to address these “industry-wide challenges.”

“TikTok has provided the European Commission with extensive information regarding these efforts, and we have transparently and publicly detailed our robust actions,” it said in a statement.

The commission said its investigation will focus on TikTok’s content recommendation systems, especially on risks related to “coordinated inauthentic manipulation or automated exploitation.” It’s also looking at TikTok’s policies on political advertisements and “paid-for political content.”

TikTok said it doesn’t accept paid political ads and “proactively” removes content for violating policies on misinformation.

The investigation could result in TikTok making changes to fix problems or fines worth up to 6% of the company’s total global revenue.
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President-elect Donald Trump has nominated Brendan Carr to lead the Federal Communications Commission, which regulates communications in the United States. Carr, an FCC commissioner since 2017, has taken aim at big tech and China’s influence on U.S. communications. VOA’s Dora Mekouar reports.
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Hundreds of thousands of Rhode Island residents’ personal and bank information, including Social Security numbers, were likely hacked by an international cybercriminal group asking for a ransom, state officials said on Saturday. 

In what Rhode Island officials described as extortion, the hackers threatened to release the stolen information unless they were paid an undisclosed amount of money. 

The breached data affects people who use the state’s government assistance programs and includes the Supplemental Nutrition Assistance Program, or SNAP, Temporary Assistance for Needy Families and healthcare purchased through the state’s HealthSource RI, Governor Dan McKee announced on Friday. 

Hackers gained access to RIBridges, the state’s online portal for obtaining social services earlier this month, the governor’s office said in a statement, but the breach was not confirmed by its vendor, Deloitte, until Friday. 

“Deloitte confirmed that there is a high probability that a cybercriminal has obtained files with personally identifiable information from RIBridges,” the governor’s office said in a statement on Saturday. 

A representative from McKee’s office was not immediately available to Reuters for comment. 

Anyone who has applied for or received benefits through those programs since 2016 could be affected. 

The state directed Deloitte to shut down RIBridges to remediate the threat, and for the time being, anyone applying for new benefits will have to do so on paper applications until the system is back up. 

Households believed to have been affected will receive a letter from the state notifying them of the problem and explaining steps to be taken to help protect their data and bank accounts. 
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WASHINGTON — A U.S. appeals court on Friday rejected an emergency bid by TikTok to temporarily block a law that would require its Chinese parent company ByteDance to divest the short-video app by January 19 or face a ban on the app.

TikTok and ByteDance on Monday filed the emergency motion with the U.S. Court of Appeals for the District of Columbia, asking for more time to make its case to the U.S. Supreme Court. Friday’s ruling means that TikTok now must quickly move to the Supreme Court in an attempt to halt the pending ban.

The companies had warned that without court action, the law will “shut down TikTok — one of the nation’s most popular speech platforms — for its more than 170 million domestic monthly users.”

“The petitioners have not identified any case in which a court, after rejecting a constitutional challenge to an Act of Congress, has enjoined the Act from going into effect while review is sought in the Supreme Court,” the D.C. Circuit said.

TikTok did not immediately respond to a request for comment.

Under the law, TikTok will be banned unless ByteDance divests it by January 19. The law also gives the U.S. government sweeping powers to ban other foreign-owned apps that could raise concerns about collection of Americans’ data.

The U.S. Justice Department argues “continued Chinese control of the TikTok application poses a continuing threat to national security.”

TikTok says the Justice Department has misstated the social media app’s ties to China, arguing its content recommendation engine and user data are stored in the U.S. on cloud servers operated by Oracle while content moderation decisions that affect U.S. users are made in the U.S.
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SYDNEY — Australia’s center-left government said on Thursday it planned new rules that would charge big tech firms millions of dollars if they did not pay Australian media companies for news hosted on their platforms.

The move piles pressure on global tech giants such as Facebook-owner Meta Platforms and Alphabet’s Google to pay publishers for content or face the risk of paying millions to continue operations in Australia.

“The news bargaining initiative will … will create a financial incentive for agreement-making between digital platforms and news media businesses in Australia,” Assistant Treasurer and Minister for Financial Services Stephen Jones told a news conference.

The platforms at risk will be significant social media platforms and search engines with an Australian-based revenue in excess of $160 million, he said.

The charge will be offset for any commercial agreements that are voluntarily entered into between the platforms and news media businesses, Jones said.

Tech companies condemned the plan.

“The proposal fails to account for the realities of how our platforms work, specifically that most people don’t come to our platforms for news content and that news publishers voluntarily choose to post content on our platforms because they receive value from doing so,” a Meta spokesperson said after Jones’ remarks.

A spokesperson for Google said the government’s decision “risks ongoing viability of commercial deals with news publishers in Australia.”

The proposed new rules come as Australia toughens its approach to the mostly U.S.-domiciled tech giants.

Last month it became the first country to ban children under the age of 16 from social media, in a move seen as setting a benchmark for other governments’ handling of Big Tech.

Canberra also plans to threaten the companies with fines for failing to stamp out scams.

Google, ByteDance through TikTok, and Meta through its various platforms, would fall within the scope of the charges under the new rules. However X, formerly Twitter, would not be covered, Jones said.

Blocking news

In 2021, Australia passed laws to make the U.S. tech giants, such as Google and Meta, compensate media companies for the links that lure readers and advertising revenue.

After the move, Meta briefly blocked users from reposting news articles, but later struck deals with several Australian media firms, such as News Corp and national broadcaster Australian Broadcasting Corp.

It has said since it will not renew those arrangements beyond 2024.

Meta, which also owns Instagram, Threads and WhatsApp, has been scaling back its promotion of news and political content globally to drive traffic, and says news links are now a fraction of users’ feeds.

This year it said it would discontinue the news tab on Facebook in Australia and the United States, adding that it had canceled the tab last year in Britain, France and Germany.

In 2023, Meta blocked users in Canada from reposting news content after its government took similar action.

Australia news organizations, including Rupert Murdoch’s News Corp, are expected to benefit from the new rules.

Following Jones’ announcement, News Corp Australia Executive Chairman Michael Miller said he would contact Meta and TikTok immediately to seek a commercial relationship with News Corp Australia.

“I believe news publishers and the tech platforms should have relationships that benefit both parties on commercial and broader terms,” he said in a statement. 
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NAIROBI, KENYA — The United Nations, Microsoft and Kenya’s Ministry of Information last week launched a digital and artificial intelligence center in Nairobi to train African public servants and accelerate the development and use of online services.

Officials said the program — the Timbuktoo GreenTech Hub and Africa Centre for Competence for AI and Digital Skilling — aims to improve the skills of 100,000 government workers.

U.N. Development Program Regional Director Ahunna Eziakonwa said at the launch that better digital skills and resources will enable Africa to achieve technological progress.

“An inclusive public sector digital transformation drives efficiency and effectiveness and helps governments to enhance coordination of resources and information and strengthen data and code policymaking and implementation,” she said.

Kenyan President William Ruto said that more than 20,000 government services can be accessed online and that the digital transformation has made government work easier.

“This will help us streamline public service delivery and enhance transparency and efficiency, minimize opportunities for corruption and maximize visibility and mobilization of public revenue,” he said. “The transformative impact of this single initiative on citizens’ experience in accessing public services, along with the government’s capacity to effectively manage public resources, clearly illustrates the immense value of digital transformation.”

Governance experts say digital services offered online have improved citizens’ trust in public services and made the work of government employees faster, more accurate and more transparent.

However, the frequent power and internet blackouts that plague some African countries sometimes force government workers to resort to traditional paper and file systems.

Some workers have little experience with computers and feel that online glitches are slowing them down.

Michael Niyitegeka, team leader at Refactory, a software academy in Uganda that prepares youth for global tech work, said authorities must push workers to use the technology.

“Leadership has to be extremely firm in knowing how they want to use these technologies and invest in ensuring that people are working with it,” Niyitegeka said.

“We need to work on the entire system so the citizens can be brought to speed, and different users of these technologies as we are building need to be brought on board so that we are building together,” he said. “Otherwise, it will probably become a white elephant.”

Tech experts say that if developed correctly and with proper investment, then digital technology and artificial intelligence can transform communities.
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WASHINGTON — The United States slapped sanctions on a Chinese cybersecurity company and one of its employees Tuesday, accusing it of compromising more than 80,000 firewalls in a 2020 attack.

The U.S. Treasury Department said in a statement that it had sanctioned Sichuan Silence Information Technology Company and an employee named Guan Tianfeng over the April 2020 attack, which targeted firewalls around the world, including critical infrastructure in the U.S.

Over a three-day period, Guan exploited a vulnerability in a firewall product and proceeded to deploy malware against some 81,000 businesses around the world with the aim of stealing data, including usernames and passwords, while also attempting to infect the computers with ransomware, according to the Treasury Department.

More than 23,000 firewalls were in the United States, of which 36 were protecting “critical infrastructure companies’ systems,” the Treasury said.

“Today’s action underscores our commitment to exposing these malicious cyber activities … and to holding the actors behind them accountable for their schemes,” Bradley Smith, Treasury acting undersecretary for terrorism and financial intelligence, said in a statement.

The Treasury, he said, “will continue to leverage our tools to disrupt attempts by malicious cyber actors to undermine our critical infrastructure.”

Alongside the sanctions, the Department of Justice has also unsealed an indictment against Guan and announced a reward of up to $10 million for information about the employee or company, according to the Treasury Department.
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The Biden administration is shoring up its CHIPS Act funding agreements before President-elect Donald Trump takes office on January 20. Trump has previously disparaged the CHIPS Act and called for higher tariffs instead of subsidies to incentivize companies to build semiconductor factories. What would be the future of TSMC under the Trump administration?

See the full story here.
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BEIJING — China on Monday said it has launched an investigation into U.S. chip maker Nvidia over suspected violations of the country’s anti-monopoly law, in a move that will likely be seen as a retaliatory move against Washington’s recent chip curbs.  

The State Administration for Market Regulation (SAMR) said Nvidia is also suspected of violating commitments it made during its acquisition of Mellanox Technologies Ltd, according to terms outlined in the regulator’s 2020 conditional approval of that deal. 

It did not elaborate on how Nvidia might have violated China’s anti-monopoly laws.  

Nvidia did not immediately respond to a request for comment. The company’s shares fell 2.2% in premarket trading after the Chinese regulator’s announcement.  

The investigation comes after the U.S. last week launched its third crackdown in three years on China’s semiconductor industry, which saw Washington curb exports to 140 companies, including chip equipment makers. 

Nvidia has enjoyed booming demand from China, though this has been dented over the past year by U.S. efforts to stop China from acquiring the world’s most advanced chips. 

Before the U.S. curbs, Nvidia dominated China’s AI chip market with more than 90 per cent share. However, it currently faces increasing competition from domestic rivals, chief among them being Huawei. 

When the U.S. firm made a $6.9 billion bid to acquire Israeli chip designer Mellanox Technologies in 2019 there were concerns that China could block the deal due to U.S.-China trade frictions.  

Beijing however later approved the deal in 2020 with multiple conditions for Nvidia and the merged entity’s China operations, including prohibitions on forced product bundling, unreasonable trading terms, purchase restrictions, and discriminatory treatment of customers who buy products separately. 
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ALEXANDRIA, VIRGINIA — Richard Andre Newman thought he would live the rest of his life in his quiet, leafy neighborhood in suburban Virginia. He was born and raised in Bren Mar Park, where children ride their bikes and neighbors wave hello.

But now, as he’s approaching 60, he’s considering selling his Fairfax County home and moving away. That’s because he’s getting a new neighbor: Plaza 500, a 466,000-square-foot data center and an adjacent electrical substation to be built a few hundred feet from townhomes, playgrounds and a community center.

Newman feels helpless to stop it.

“I planned on staying here until I died,” he said, “until this came up.”

The sprawling, windowless warehouses that hold rows of high-speed servers powering almost everything the world does on phones and computers are increasingly becoming fixtures of the American landscape, popping up in towns, cities and suburbs across the United States.

Demand for data centers ballooned in recent years due to the rapid growth of cloud computing and artificial intelligence, and local governments are competing for lucrative deals with big tech companies. But as data centers begin to move into more densely populated areas, abutting homes and schools, parks and recreation centers, some residents are pushing back against the world’s most powerful corporations over concerns about the economic, social and environmental health of their communities.

Tyler Ray, a vocal critic of data centers and leader in the fight against the Virginia project, said the incentives offered are not enough to counteract the consequences of building a facility so close to homes.

“All that we are asking for is, as the county is trying to bring in this data center income, that they are doing it in a way that doesn’t run residents away from their homes,” he said.

Dotting the hills in Northern Virginia

In Northern Virginia, more than 300 data centers dot the rolling hills of the area’s westernmost counties. Cyclists who ride the popular Washington & Old Dominion trail are at times flanked by data centers, and the thousands of commuters who head into the nation’s capital each day can see them in the distance from the Metro.

Plaza 500, one of the latest proposals in the area, is encroaching on neighborhoods like never before, said Newman, who heads a homeowners association in the community.

The pitch from Starwood Capital Group, the private investment firm founded by billionaire Barry Sternlicht, to Fairfax County officials promised a significant property tax boost and, in addition to permanent positions in the data center itself, hundreds of temporary construction and electrical jobs to build the facility.

Tyler Ray and his husband moved to the Bren Pointe community in 2022, hoping to balance proximity to Washington with a desire for green space.

But shortly after the couple moved in, Starwood Capital began scoping out a commercial property near their new home as a possible location for the Plaza 500 project.

When Ray and his neighbors learned of the proposal, they held protests, attended regular county meetings and drew media attention to their concerns to try and stop the development. But their efforts were largely unsuccessful: the Fairfax County Board of Supervisors in September said all newly proposed data centers must adhere to stricter zoning rules, but the Plaza 500 project would be grandfathered in under the old rules.

Ray worries that more data centers in the area could compromise the already stressed power grid: Over 25% of all power produced in Virginia in 2023 went to data centers, a figure that could rise as high as 46% by 2030 if data center growth continues at its current pace. Some estimates also show a mid-sized data center commands the same water usage every day as 1,000 households, prompting concerns over the cost of water. Ray also frets over air quality, as the massive diesel generators that help power the data centers’ hardware send plumes of toxic pollutants into the atmosphere.

A spokesperson for the firm declined to respond to questions for this story.

“I don’t know how a general resident, even someone who has been engaging intently on an issue,” Ray said, “has any chance to go up against the data center industry.”

Local leaders say data centers a financial boon

For local governments, attracting data centers to their municipalities means a financial boon: Virginia Gov. Glenn Youngkin said in 2024 that Virginia’s existing data centers brought in $1 billion in tax revenue, more than the $750 million in tax breaks given to the tech companies that own them in 2023.

For average-sized facilities, data centers offer a small number of direct jobs — often fewer than 100 positions. Google announced recently that its two data centers in Loudoun County, which has about 440,000 residents, created only around 150 direct jobs. But data center advocates argue that the number of indirect jobs like construction, technology support and electrical work make the projects worthwhile. In that same announcement, Google said their investment spurred 2,730 indirect jobs.

Kathy Smith, the vice chair of the Fairfax County Board of Supervisors, voted in favor of the Plaza 500 proposal because, in her estimation, data center growth is inevitable in the region, and Fairfax County should reap the benefits.

“I have a responsibility to step back from what we do and look at the big picture,” Smith said. “Data centers are not going away.”

Amazon data centers welcomed by some in Oregon 

On the other side of the country, in Morrow County, Oregon, Amazon Web Services has built at least five data centers surrounding the 4,200-person town of Boardman, nestled among vast stretches of farmland flecked with mint patches and wind turbines, next to the Columbia river.

Last year, AWS, which is owned by Amazon, paid roughly $34 million in property taxes and fees stipulated in the agreements after receiving a $66 million tax break. The company also paid out $10 million total in two, one-time payments to a community development fund and spent another $1.7 million in charitable donations in the community in 2023.

That money has been instrumental in updating infrastructure and bolstering services for the roughly 12,000-person county, going toward a new ladder fire engine, a school resource officer, police body cameras, and $5,000 grants for homebuyers among other things.

Still, some residents are skeptical of the scale of tax break deals. Suspicions started years ago, when three formerly elected officials allegedly helped approve data center deals while owning a stake in a company that contracted with AWS to provide fiber optic cables for the data centers. In June, they each paid $2,000 to settle an ethics complaint against them.

Those officials are no longer in office. But some remain wary of the relationships between the company and local officials, and raised eyebrows at one of the latest data center deals which gives AWS an estimated $1 billion in tax breaks spread over the 15 years to build five new data centers.

Former county commissioner Jim Doherty described a meeting with AWS officials soon after he was elected to office at an upscale restaurant in Boardman, where large windows opened onto the Columbia River.

The AWS representatives asked what Doherty wanted to accomplish as a commissioner. “They said, ‘Tell us what your dreams are. Tell us what you need. Tell us what we can do for you,'” Doherty recalled. Other former officials have described similar interactions. Doherty said AWS didn’t ask for anything in return, but the exchange left him uneasy.

“We engage with stakeholders in every community where we operate around the world, and part of that outreach is to better understand a community’s goals,” said Kevin Miller, AWS’ Vice President of global data centers. “This helps AWS be a catalyst for communities to achieve those goals, and reflects our ongoing commitment to being good neighbors.”

Doherty and another former county commissioner Melissa Lindsay said they pushed unsuccessfully in 2022 for AWS to pay more in taxes in new data center negotiations. They also lobbied to hire outside counsel to negotiate on their behalf, feeling outgunned by the phalanx of AWS-suited lawyers.

“We didn’t want to blow it up. We didn’t want to run them off,” said Lindsay. “But there were better deals to be made.”

Boardman Mayor Paul Keefer and Police Chief Rick Stokoe say their direct line to AWS allows them to get the most out of the company.

“This road right here? Wouldn’t happen if it wasn’t for AWS,” said Keefer, riding in the passenger seat of Stokoe’s cruiser, pointing out the window at construction workers shifting dirt and laying pavement. Both Keefer and Stokoe have been in positions to vote on whether to authorize tax breaks for AWS.

“These companies would not be here if they weren’t getting some kind of incentive,” Stokoe said. “There wouldn’t be any money to talk about.”
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WASHINGTON — The U.S. House of Representatives is set to vote next week on an annual defense bill that includes just over $3 billion for U.S. telecom companies to remove equipment made by Chinese telecoms firms Huawei and ZTE 000063.SZ from American wireless networks to address security risks.

The 1,800-page text was released late Saturday and includes other provisions aimed at China, including requiring a report on Chinese efforts to evade U.S. national security regulations and an intelligence assessment of the current status of China’s biotechnology capabilities.

The Federal Communications Commission has said removing the insecure equipment is estimated to cost $4.98 billion but Congress previously only approved $1.9 billion for the “rip and replace” program.

Washington has aggressively urged U.S. allies to purge Huawei and other Chinese gear from their wireless networks.

FCC Chair Jessica Rosenworcel last week again called on the U.S. Congress to provide urgent additional funding, saying the program to replace equipment in the networks of 126 carriers faces a $3.08 billion shortfall “putting both our national security and the connectivity of rural consumers who depend on these networks at risk.”

She has warned the lack of funding could result in some rural networks shutting down, which “could eliminate the only provider in some regions” and could threaten 911 service.

Competitive Carriers Association CEO Tim Donovan on Saturday praised the announcement, saying “funding is desperately needed to fulfill the mandate to remove and replace covered equipment and services while maintaining connectivity for tens of millions of Americans.”

In 2019, Congress told the FCC to require U.S. telecoms carriers that receive federal subsidies to purge their networks of Chinese telecoms equipment. The White House in 2023 asked for $3.1 billion for the program.

Senate Commerce Committee chair Maria Cantwell said funding for the program and up to $500 million for regional tech hubs will be covered by funds generated from a one-time spectrum auction by the FCC for advanced wireless spectrum in the band known as AWS-3 to help meet rising spectrum demands of wireless consumers. 
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A federal appeals court in Washington on Friday upheld a law requiring the wildly popular social media app TikTok to be sold to a non-Chinese owner or face closure in the United States by next month. The court cited “persuasive” and “compelling” arguments presented by the federal government that TikTok poses a risk to national security.

The ruling could leave the 170 million Americans who regularly use TikTok without access to a social media platform that has enjoyed explosive global growth in recent years. It could also mean that the millions of Americans who create content for TikTok — some of whom rely on monetizing that content for their livelihood — could be cut off from their audiences.

The government has argued that TikTok presents a unique danger to national security because it collects vast amounts of information about its users, and because the Chinese government ultimately exercises control over its parent company, ByteDance, and over the algorithm that determines what content TikTok users see.

Because ByteDance is in the People’s Republic of China (PRC) it is subject to that country’s laws, including measures requiring private companies to cooperate with government intelligence agencies.

The three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit found that the government has a compelling interest in taking steps “to counter the PRC’s efforts to collect great quantities of data about tens of millions of Americans” and “to limit the PRC’s ability to manipulate content covertly on the TikTok platform.”

TikTok signals an appeal

TikTok immediately signaled that it would appeal the circuit court’s ruling to the Supreme Court.

In a statement posted to its website, the company said, “The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue.”

The company said that the law underlying the case “was conceived and pushed through based on inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people,” and warned that it “will silence the voices of over 170 million Americans here in the U.S. and around the world.”

The Supreme Court is not obligated to hear the company’s appeal, and it was not immediately clear that it would do so. If the high court accepts the case, it is possible that it would block the government from enforcing the law until the case is decided.

President-elect Donald Trump, who once supported a TikTok ban before changing his mind during the recent presidential election, has suggested that he will act to save the app when he takes office. However, it is unclear what options he might have for doing that.

Lack of trust

In April, President Joe Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act into law. The measure gave TikTok 270 days to find a way to separate itself from ByteDance before a ban on the application would kick in on January 19, 2025.

The federal government made it clear that the only kind of divestiture that it would accept was a complete separation of TikTok from its Chinese parent. The company offered alternatives, and established TikTok U.S. Data Security Inc. (TTUSDS) as a subsidiary in Delaware, to wall off U.S. user data from ByteDance.

However, the government cited instances in which U.S. user data that the company claimed to have shielded from the PRC was, in fact, accessible to ByteDance employees in mainland China. It told the court that it lacked “the requisite trust” that “ByteDance and TTUSDS would comply in good faith” with any arrangement other than complete separation of TikTok and ByteDance.

In Friday’s ruling, the judges wrote, “The court can neither fault nor second-guess the government on these crucial points.”

First Amendment concerns

TikTok and its supporters have claimed that severing TikTok from ByteDance is both practically impossible for technological reasons and legally impossible because the Chinese government will block the sale of the company. Therefore, they claim, the law constitutes a de facto ban and a violation of the guarantee of free speech enshrined in the First Amendment to the Constitution.

In a sign of how seriously the court took the First Amendment arguments, the panel of judges agreed that the law should be subject to “heightened scrutiny,” which the Supreme Court has applied to measures restricting fundamental rights.

In the end, the panel determined that the law satisfies even the most stringent form of “strict scrutiny,” which requires that the government “prove that the restriction furthers a compelling interest and is narrowly tailored to achieve that interest.”

Free speech advocates respond

The decision came under immediate criticism from free speech advocates.

“Although we’re still analyzing the decision, we find it deeply disappointing,” David Greene, civil liberties director at the Electronic Frontier Foundation, said in a statement emailed to VOA. “The court appropriately applied strict scrutiny as we have urged it to. But the strict-scrutiny analysis is lacking, relying heavily on speculation about possible future harms.

“Restricting the free flow of information, even from foreign adversaries, is fundamentally undemocratic,” Greene said. “Until now, the U.S. has championed the free flow of information and called out other nations when they have shut down internet access or banned online communications tools like social media apps.”

George Wang, a staff attorney at the Knight First Amendment Institute at Columbia University, told VOA that the court accorded “a shocking amount of deference” to the government’s claims about the danger TikTok poses to national security.

“We should be really wary whenever we allow the government to use vague national security arguments as a justification to shut down speech,” Wang said. “That’s a tactic of authoritarian regimes, not democracies. It’s usually the job of courts to stand up to the government when it infringes on the constitutional rights of millions of Americans, and I think the D.C. Circuit really didn’t do that today.”

‘A victory for the American people’

Representative Raja Krishnamoorthi, the senior Democrat on the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party, and one of the original sponsors of the law requiring TikTok’s divestiture or ban, released a statement Friday praising the court’s decision.

“With today’s opinion, all three branches of government have reached the same conclusion: ByteDance is controlled by the Chinese Communist Party, and TikTok’s ownership by ByteDance is a national security threat that cannot be mitigated through any other means than divestiture,” Krishnamoorthi said.

“Every day that TikTok remains under the Chinese Communist Party’s control is a day that our security is at risk,” Krishnamoorthi added.

Representative John Moolenaar, the committee’s Republican chairman, said in a statement that the ruling was “a victory for the American people and TikTok users, and a loss for the Chinese Communist Party, which will no longer be able to exploit ByteDance’s control over TikTok to undermine our sovereignty, surveil our citizens and threaten our national security.”

Moolenaar also held out hope to the app’s users that access to it may, in the end, be preserved under a Trump presidency.

“I am optimistic that President Trump will facilitate an American takeover of TikTok to allow its continued use in the United States and I look forward to welcoming the app in America under new ownership,” Moolenaar said.
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