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by slowmovintarget 524 days ago
All of these posts keep talking about banning TikTok... The law doesn't ban TikTok. It bans its continued operation in the U.S. under the ownership of a foreign adversary.

The law:

> It shall be unlawful for an entity to distribute, maintain, or update (or enable the distribution, maintenance, or updating of ) a foreign adversary controlled application by carrying out, within the land or maritime borders of the United States, any of the following: ...

In order to take this seriously as speech infringement, you'd have to define software as speech. Precedent holds that the expressive part (source code) is speech, but that the functional part that operates is not speech. This law bans the software function.