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Alan Rosenstein

👤 Person
240 total appearances

Appearances Over Time

Podcast Appearances

Fresh Air
The Looming TikTok Ban

Thanks for having me.

Fresh Air
The Looming TikTok Ban

Thanks for having me.

Fresh Air
The Looming TikTok Ban

Thanks for having me.

Fresh Air
The Looming TikTok Ban

So the first thing the court has to decide is what to do. TikTok has asked the court to, in the meantime, pause the law so that it doesn't go into effect on January 19th. It made that application to Chief Justice John Roberts, who is in charge of... hearing these emergency motions from the D.C. Circuit, which is where TikTok lost the case earlier this year.

Fresh Air
The Looming TikTok Ban

So the first thing the court has to decide is what to do. TikTok has asked the court to, in the meantime, pause the law so that it doesn't go into effect on January 19th. It made that application to Chief Justice John Roberts, who is in charge of... hearing these emergency motions from the D.C. Circuit, which is where TikTok lost the case earlier this year.

Fresh Air
The Looming TikTok Ban

So the first thing the court has to decide is what to do. TikTok has asked the court to, in the meantime, pause the law so that it doesn't go into effect on January 19th. It made that application to Chief Justice John Roberts, who is in charge of... hearing these emergency motions from the D.C. Circuit, which is where TikTok lost the case earlier this year.

Fresh Air
The Looming TikTok Ban

And so it's likely that the chief justice will circulate that to his colleagues and they will decide whether or not to pause the law. Ultimately, they'll have to decide whether to take the case itself, to hear TikTok's appeal. And if they do that, then we probably won't know an answer ultimately until sometime in the summer.

Fresh Air
The Looming TikTok Ban

And so it's likely that the chief justice will circulate that to his colleagues and they will decide whether or not to pause the law. Ultimately, they'll have to decide whether to take the case itself, to hear TikTok's appeal. And if they do that, then we probably won't know an answer ultimately until sometime in the summer.

Fresh Air
The Looming TikTok Ban

And so it's likely that the chief justice will circulate that to his colleagues and they will decide whether or not to pause the law. Ultimately, they'll have to decide whether to take the case itself, to hear TikTok's appeal. And if they do that, then we probably won't know an answer ultimately until sometime in the summer.

Fresh Air
The Looming TikTok Ban

I don't think so. I mean, obviously, it's very difficult to predict and we really won't know until there's the briefing and then the oral argument and then really the decision. But I take the decision of the D.C. Circuit as a pretty good barometer for what the Supreme Court's going to do. The D.C. Circuit panel was three very distinguished, very well-respected judges.

Fresh Air
The Looming TikTok Ban

I don't think so. I mean, obviously, it's very difficult to predict and we really won't know until there's the briefing and then the oral argument and then really the decision. But I take the decision of the D.C. Circuit as a pretty good barometer for what the Supreme Court's going to do. The D.C. Circuit panel was three very distinguished, very well-respected judges.

Fresh Air
The Looming TikTok Ban

I don't think so. I mean, obviously, it's very difficult to predict and we really won't know until there's the briefing and then the oral argument and then really the decision. But I take the decision of the D.C. Circuit as a pretty good barometer for what the Supreme Court's going to do. The D.C. Circuit panel was three very distinguished, very well-respected judges.

Fresh Air
The Looming TikTok Ban

It was a cross-ideological panel. So you had a judge appointed by... Barack Obama, a judge appointed by Donald Trump, and then a judge appointed all the way back by Ronald Reagan. And these three judges ruled quite comprehensively against TikTok on basically all of the important issues. And so while the Supreme Court certainly is not going to defer to the D.C. Circuit, it's going to take the D.C.

Fresh Air
The Looming TikTok Ban

It was a cross-ideological panel. So you had a judge appointed by... Barack Obama, a judge appointed by Donald Trump, and then a judge appointed all the way back by Ronald Reagan. And these three judges ruled quite comprehensively against TikTok on basically all of the important issues. And so while the Supreme Court certainly is not going to defer to the D.C. Circuit, it's going to take the D.C.

Fresh Air
The Looming TikTok Ban

It was a cross-ideological panel. So you had a judge appointed by... Barack Obama, a judge appointed by Donald Trump, and then a judge appointed all the way back by Ronald Reagan. And these three judges ruled quite comprehensively against TikTok on basically all of the important issues. And so while the Supreme Court certainly is not going to defer to the D.C. Circuit, it's going to take the D.C.

Fresh Air
The Looming TikTok Ban

Circuit's view under consideration. And I think it's going to both use that as a signal Mm-hmm.

Fresh Air
The Looming TikTok Ban

Circuit's view under consideration. And I think it's going to both use that as a signal Mm-hmm.

Fresh Air
The Looming TikTok Ban

Circuit's view under consideration. And I think it's going to both use that as a signal Mm-hmm.

Fresh Air
The Looming TikTok Ban

So it's not entirely clear what happens. The law works by, although it targets TikTok, it applies to, as you pointed out, app stores like Apple and Google and also cloud service providers like Oracle. These are the actual servers on which TikTok runs in the United States, and that's provided by companies like Oracle. And so the ban applies to these kinds of companies.

Fresh Air
The Looming TikTok Ban

So it's not entirely clear what happens. The law works by, although it targets TikTok, it applies to, as you pointed out, app stores like Apple and Google and also cloud service providers like Oracle. These are the actual servers on which TikTok runs in the United States, and that's provided by companies like Oracle. And so the ban applies to these kinds of companies.

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