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Alan Rosenstein

👤 Person
240 total appearances

Appearances Over Time

Podcast Appearances

Fresh Air
The Looming TikTok Ban

Basically, Congress has, over the last 50 years, given the president, really sweeping economic emergency powers to impose sanctions. sanctions and other kinds of economic measures in the interests of national security and foreign policy. And so using those powers, Trump actually tried to ban TikTok.

Fresh Air
The Looming TikTok Ban

Basically, Congress has, over the last 50 years, given the president, really sweeping economic emergency powers to impose sanctions. sanctions and other kinds of economic measures in the interests of national security and foreign policy. And so using those powers, Trump actually tried to ban TikTok.

Fresh Air
The Looming TikTok Ban

Now, those bans, those attempted bans were challenged in court, and Trump actually lost all of those. But the that the statute that he was trying to use didn't give him that authority because the statute actually had an explicit carve out for communications platforms.

Fresh Air
The Looming TikTok Ban

Now, those bans, those attempted bans were challenged in court, and Trump actually lost all of those. But the that the statute that he was trying to use didn't give him that authority because the statute actually had an explicit carve out for communications platforms.

Fresh Air
The Looming TikTok Ban

Now, those bans, those attempted bans were challenged in court, and Trump actually lost all of those. But the that the statute that he was trying to use didn't give him that authority because the statute actually had an explicit carve out for communications platforms.

Fresh Air
The Looming TikTok Ban

So generally, the courts, with a few small exceptions, didn't reach the issue that is central to this case, which is what happens if Congress unambiguously tries to ban TikTok? Can it do that under the Constitution?

Fresh Air
The Looming TikTok Ban

So generally, the courts, with a few small exceptions, didn't reach the issue that is central to this case, which is what happens if Congress unambiguously tries to ban TikTok? Can it do that under the Constitution?

Fresh Air
The Looming TikTok Ban

So generally, the courts, with a few small exceptions, didn't reach the issue that is central to this case, which is what happens if Congress unambiguously tries to ban TikTok? Can it do that under the Constitution?

Fresh Air
The Looming TikTok Ban

So that's why those cases turned out the way they did and why, although previous bans of TikTok have failed in the courts, at least before this one, that really wasn't an indication of what was going to happen with this case because this case was done under a totally separate law.

Fresh Air
The Looming TikTok Ban

So that's why those cases turned out the way they did and why, although previous bans of TikTok have failed in the courts, at least before this one, that really wasn't an indication of what was going to happen with this case because this case was done under a totally separate law.

Fresh Air
The Looming TikTok Ban

So that's why those cases turned out the way they did and why, although previous bans of TikTok have failed in the courts, at least before this one, that really wasn't an indication of what was going to happen with this case because this case was done under a totally separate law.

Fresh Air
The Looming TikTok Ban

So the thing to keep in mind about this law is that, again, although it targets TikTok, the way it's enforced is not against TikTok directly, but against the app stores and the cloud service providers. And the reason that's important is because these are private companies, and they generally have the right to not do business with whomever they don't want to do business with.

Fresh Air
The Looming TikTok Ban

So the thing to keep in mind about this law is that, again, although it targets TikTok, the way it's enforced is not against TikTok directly, but against the app stores and the cloud service providers. And the reason that's important is because these are private companies, and they generally have the right to not do business with whomever they don't want to do business with.

Fresh Air
The Looming TikTok Ban

So the thing to keep in mind about this law is that, again, although it targets TikTok, the way it's enforced is not against TikTok directly, but against the app stores and the cloud service providers. And the reason that's important is because these are private companies, and they generally have the right to not do business with whomever they don't want to do business with.

Fresh Air
The Looming TikTok Ban

You can't force Apple to distribute the TikTok app. You can't force Oracle to provide cloud services to TikTok. And this is important because if Trump wants to help TikTok, and from that clip, it's not actually obvious that he does. But if he wants to help TikTok, the people he has to convince are the executives at Apple and Oracle.

Fresh Air
The Looming TikTok Ban

You can't force Apple to distribute the TikTok app. You can't force Oracle to provide cloud services to TikTok. And this is important because if Trump wants to help TikTok, and from that clip, it's not actually obvious that he does. But if he wants to help TikTok, the people he has to convince are the executives at Apple and Oracle.

Fresh Air
The Looming TikTok Ban

You can't force Apple to distribute the TikTok app. You can't force Oracle to provide cloud services to TikTok. And this is important because if Trump wants to help TikTok, and from that clip, it's not actually obvious that he does. But if he wants to help TikTok, the people he has to convince are the executives at Apple and Oracle.

Fresh Air
The Looming TikTok Ban

He has to convince the general counsel of Apple that when Apple CEO Tim Cook asks, well, should we continue to distribute the app? The general counsel says, yeah, I think that's OK. And so that's the audience. And so with that in mind, there are a couple of things he can do.

Fresh Air
The Looming TikTok Ban

He has to convince the general counsel of Apple that when Apple CEO Tim Cook asks, well, should we continue to distribute the app? The general counsel says, yeah, I think that's OK. And so that's the audience. And so with that in mind, there are a couple of things he can do.

Fresh Air
The Looming TikTok Ban

He has to convince the general counsel of Apple that when Apple CEO Tim Cook asks, well, should we continue to distribute the app? The general counsel says, yeah, I think that's OK. And so that's the audience. And so with that in mind, there are a couple of things he can do.