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TikTok Sues US Government Over Potential Ban

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TikTok sued the federal government on Tuesday over a new law that would force its Chinese owner, ByteDance, to sell the popular social media app or face a ban in the United States, stoking a battle over national security and free speech that is likely to end up in the Supreme Court.

TikTok said the law violated the First Amendment by effectively removing an app that millions of Americans use to share their views and communicate freely. It also argued that a divestiture was “simply not possible,” especially within the law’s 270-day timeline, pointing to difficulties such as Beijing’s refusal to sell a key feature that powers TikTok in the United States.

“For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than one billion people worldwide,” the company said in the 67-page petition, which initiated the lawsuit. “There is no question: The act will force a shutdown of TikTok by Jan. 19, 2025.”

TikTok is battling for its survival in the United States, with the fight set to play out primarily in courts over the next few months. The battle pits Congress’s national security concerns about the social media app’s ties to China against TikTok’s argument that a sale or ban would violate the First Amendment free-speech rights of its users and hurt small businesses that owe their livelihood to the platform. The case is expected to reach the Supreme Court.

The issue is particularly tricky in an election year, when President Biden and lawmakers are facing potential blowback from users of the popular app. The app, which says it has 170 million monthly users in the United States, is used for everything from sharing viral dances to political commentary. It’s become knitted into people’s lives, particularly for those who make a living on the platform as content creators.

Under the new law, which President Biden signed on April 24, TikTok has nine months, or a year if the president gives it an extension, to find a non-Chinese buyer. If it doesn’t, the law requires U.S. app stores and web hosting services to stop working with it — essentially banning it.

At the heart of the case will be lawmakers’ intent to defend the United States from what they and some experts say is a national security threat; they assert that the Chinese government could lean on ByteDance to turn over sensitive TikTok user data or use the app to spread propaganda. But the mandate to sell or block the app could result in changes to TikTok’s content policies and shape what users are able to freely share on the platform, potentially violating their free speech rights, according to legal experts.

“These are hugely consequential questions being dealt with in an unprecedented manner,” said Evelyn Douek, an assistant professor at Stanford Law School who has done research on the First Amendment and the internet. “TikTok basically throws the First Amendment sink at this challenge.”

TikTok filed its suit in the U.S. Court of Appeals for the District of Columbia Circuit, arguing that selling its U.S. operations was not “commercially, technologically, or legally feasible.” A part of that argument hinges on how TikTok and its competitors are global in nature and content is accessible across country borders, with international videos as part of its appeal.

It is also impossible to move the app’s underlying coding to a new owner, TikTok argued, adding that it would take years for a new set of engineers to familiarize themselves with that code to develop and maintain the platform. In addition, the engineers would need access to ByteDance software to keep TikTok functioning, which the new law prohibits, the company argued.

TikTok’s success also hinges on its recommendation algorithm, which helps surface tailored content to users, something the Chinese government has said it would not sell, the suit notes.

TikTok pointed to the billions of dollars it has already spent to address potential security risks in the past four years, an effort known as Project Texas, as well as a draft 90-page national security agreement that made “extraordinary” commitments to the U.S. government. TikTok has separated its U.S. user data from the rest of the company’s operations and provided third-party oversight of its content recommendations.

The company said in its suit that it agreed to give the government a “shutdown option” that would allow it to suspend TikTok in the United States if the company violated parts of its agreement.

Anupam Chander, a visiting scholar at the Institute for Rebooting Social Media at Harvard who has publicly opposed the law, said that he was among experts TikTok contacted on Monday for an advance briefing on the filing. He said Project Texas is likely to play a key role, and whether TikTok can persuade the judge that it was a reasonably available alternative that addressed the government’s concerns.

“The real question that remains that I haven’t seen an answer to is, what more would the government have wanted?” Mr. Chander said. “We’ve never heard why Project Texas was insufficient, publicly.”

National security concerns about TikTok are “speculative” and fall short of what’s required to justify violating First Amendment rights, the company argued in its suit, adding that President Biden and other members of Congress’s use of the platform undermines claims that it’s a threat.

TikTok asked the court to issue a declaratory judgment saying that the law violated the Constitution and to issue an order that would stop Attorney General Merrick B. Garland from enforcing it. The next step is for the government to respond.

A spokesman for the Department of Justice declined to comment on potential litigation.

The government is likely to defend the law by saying it is calling for a sale, not a ban. The government will probably also need to make a strong case that its national security concerns justify the limitation on speech if TikTok is banned.

The Justice Department, which was involved in drafting the law, weighed in on language that would help the Biden administration best defend it in court.

“They’re going to have to support their concerns with evidence in a way that they haven’t really done, at least in the court of public opinion, and they’re going to have to show that their concerns can’t be addressed in narrower ways,” Ramya Krishnan, a senior lawyer at the Knight First Amendment Institute at Columbia University, said in an interview before the petition was filed.

The institute expects to support a challenge to the law, she said. The American Civil Liberties Union has also said it opposed the law and may help with litigation.

TikTok’s suit was filed a day after its chief executive, Shou Chew, appeared with his wife at the Met Gala, where he was an honorary chair.

Fears of a potential security threat from TikTok have escalated in the last year and a half, prompting bans of the app on federal devices and those issued by some city and state governments. Still, the app has continued to grow in popularity, shaping culture and becoming a source of news for younger Americans as well as a place where an expanding cohort of content creators make their living.

TikTok has had success in challenging similar state and federal actions attempting to restrict its operations, though this law differs in its broad support from Congress and the Biden administration.

Last year, Montana passed a law that would have barred TikTok from operating in the state as of Jan. 1, saying the company presented a security threat to its citizens. A group of TikTok users filed a lawsuit funded by the app, saying the law violated their First Amendment rights and outstripped the state’s legal authority. TikTok also filed a separate lawsuit within a week, arguing that the legislation violated the First Amendment.

In November, a federal judge blocked the Montana ban, saying it most likely violated the First Amendment and a clause that gives Congress the power to regulate commerce with foreign nations.

Former President Donald J. Trump also tried to ban or force the sale of TikTok in 2020 with an executive order citing similar security concerns. Federal courts blocked the Commerce Department from carrying out his plan in part on First Amendment grounds, with one judge adding it would shut down a “platform for expressive activity.” Another judge said the government most likely overstepped its legal authority and “acted in an arbitrary and capricious manner by failing to consider obvious alternatives.”



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Inside OpenAI’s Library – The New York Times

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The two-story library has Oriental rugs, shaded lamps dotting its desks and rows of hardbacks lining its walls. It is the architectural centerpiece of the offices of OpenAI, the start-up whose online chatbot, ChatGPT, showed the world that machines can instantly generate their own poetry and prose.

The building, which was once a mayonnaise factory, looks like a typical tech office, with its communal work spaces, well-stocked micro-kitchens and private nap rooms spread across three floors in San Francisco’s Mission District.

But then there is that library, with the ambience of a Victorian Era reading room. Its shelves offer everything from Homer’s “The Iliad” to David Deutsch’s “The Beginning of Infinity,” a favorite of Sam Altman, OpenAI’s chief executive.

Built at Mr. Altman’s request and stocked with titles suggested by his staff, the OpenAI library is an apt metaphor for the world’s hottest tech company, whose success was fueled by language — lots and lots of language. OpenAI’s chatbot was not built like the average internet app. ChatGPT learned its skills by analyzing huge amounts of text that was written, edited and curated by humans, including encyclopedia articles, news stories, poetry and, yes, books.

The library also represents the paradox at the heart of OpenAI’s technology. Authors and publishers, including The New York Times, are suing OpenAI, claiming the company illegally used their copyrighted content to build its A.I. systems. Many authors worry that the technology will ultimately take away their livelihood.

Many OpenAI employees, on the other hand, believe the company is using human creativity to fuel more human creativity. They believe their use of copyrighted works is “fair use” under the law, because they are transforming these works into something new.

“To say that this is a public debate right now is an understatement,” said Shannon Gaffney, co-founder and managing partner of SkB Architects, the architectural firm that renovated OpenAI’s headquarters and designed its library. “Though things might look like they are going in different directions, the library serves as a constant reminder of human creativity.”

When OpenAI hired Ms. Gaffney’s firm to renovate the building in 2019, Mr. Altman said he wanted a library with an academic aura.

He wanted it to be a reminder of the Green Library, a Romanesque library at Stanford University, where he was a student for two years before dropping out to build a social media app; the Rose Reading Room, a Beaux-Arts study hall on the top floor of the New York Public Library in Midtown Manhattan; and the library-like bar inside the now defunct Nomad Hotel, 15 blocks south of the Rose.

“My dining room and living room at home is inside a library — floor-to-ceiling books all the way around,” Mr. Altman said in an interview. “There is something about sitting in the middle of knowledge on the shelves at vast scale that I find interesting.”

Many titles, like “English Masterpieces, 700-1900” and “Ideas and Images in World Art,” seem like the weighty hardbacks that professional decorators place strategically inside hotel lobbies because they look the part. Still, the library is a reflection of the organization that built it.

On a recent afternoon, two paperbacks sat beside each other at eye-level: “Birds of Lake Merritt” (a field guide to the birds found in a wildlife refuge in Oakland, Calif.) and “Fake Birds of Lake Merritt” (a parody written by GPT-3, an early version of the technology that drives ChatGPT).

Some employees see the library as a quieter place to work. Long Ouyang, an A.I. researcher, keeps a rolling desk against the wall. Others see it as an unusually elegant break room. On weekends, Ryan Greene, another researcher, pumps his digital music through the audio speakers tucked among the hardbacks.

It is, other employees said, a far more inspiring place to work than a cubicle. “This is why so many people choose to work in the library,” Ms. Staudacher said.

Recently, Mr. Greene began feeding lists of his favorite books into ChatGPT and asking for new recommendations. At one point, the chatbot recommended “The Book of Disquiet,” a posthumously published autobiography from the Portuguese writer Fernando Pessoa. A friend, who knew his tastes well, had recommended that he read the same book.

“Given the trends and patterns in things that have happened in the past, the technology can suggest things for the future,” Mr. Greene said.

Ms. Gaffney, from OpenAI’s architectural firm, argued that this blend of the human and the machine will continue. Then she paused, before adding: “That, at least, is what I hope and feel.”



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Why TikTok Users Are Blocking Celebrities

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As protests over the war in Gaza unfolded blocks away, last week’s Met Gala was largely devoid of political statements on the red carpet. That the organizers of fashion’s most powerful annual spectacle (one for which tickets cost $75,000 this year) achieved this proved surprising to many observers. Less than two weeks later, though, a fast-growing online protest movement is taking shape. At least, it is on TikTok, the social media platform that was a sponsor of the Met event.

Blockout 2024, also referred to as Operation Blockout or Celebrity Block Party, targets high-profile figures who participants feel are not using their profiles and platforms to speak out about the Israel-Hamas war and wider humanitarian crises. Here’s what has happened so far, what supporters hope to achieve and why it all began.

The criticism began on May 6, when Haley Kalil (@haleyybaylee on social media), an influencer who was a host on E! News before the event, posted a TikTok video of herself wearing a lavish 18th-century-style floral gown and headdress with audio from Sofia Coppola’s 2006 film “Marie Antoinette,” in which Kirsten Dunst proclaims, “Let them eat cake!”

The clip (for which Ms. Kalil later apologized and which was deleted) was viewed widely. Given the current global conflicts and humanitarian crises, critics described it as “tone deaf.” Then posts emerged comparing ostentatious costumes worn by celebrities on the Met red carpet to scenes from “The Hunger Games,” in which affluent citizens in opulent outfits wine and dine while watching the suffering of the impoverished districts for sport.

Images of Zendaya, a Met Gala co-chair, spliced with photographs of Palestinian children, incited the online masses. A rallying cry soon came from @ladyfromtheoutside, a TikTok creator who found inspiration in Ms. Kalil’s parroting of Marie Antoinette.

“It’s time for the people to conduct what I want to call a digital guillotine — a ‘digitine,’ if you will,” she said in a May 8 video post with two million views. “It’s time to block all the celebrities, influencers and wealthy socialites who are not using their resources to help those in dire need. We gave them their platforms. It’s time to take it back, take our views away, our likes, our comments, our money.”

“Block lists” of celebrities thought to be deserving of being blocked were published and widely shared online.

The movement is made up of pro-Palestinian supporters who have been assessing the actions and words of A-listers in order to decide if they have adequately responded to the conflict. If they have said nothing or not enough, the movement calls for those supporting Gaza to block that celebrity on social media. What constitutes sufficient action by the famous person — be it calls for a cease-fire, donations to aid charities or statements — appears unclear and can vary from celebrity to celebrity.

“Blockout” supporters argue that blocking is important because brands look at data on the followers and engagement of influencers and celebrities on social media before choosing whether to work with them to promote a product. Blocking someone on social media means you no longer see any posts from the person’s accounts, and it gives the blocker more control over who has access to their own updates and personal information. It can have more impact than unfollowing a celebrity account because many product deals thrive on targeted ads and views that can accumulate even if a user simply sees a post, without liking or sharing it.

If enough people block a content creator, it could reduce the creator’s ability to make money. Also, adherents of this thinking say, why follow someone whose values don’t align with yours?

Attendees with huge followings, like Zendaya, Kim Kardashian and Kylie Jenner, have been at the top of the chopping blocks. But so have celebrities who didn’t attend the gala this year, including Justin Bieber, Taylor Swift and Selena Gomez.

Vogue, which according to Puck News published 570 Met Gala stories on its platforms and recorded more than a billion video views of content from the night, has also been targeted because of its ties to the event.

“The Met Gala is by far and away Vogue’s biggest cash cow,” Elaina Bell, a former Vogue employee, said in a TikTok post with 850,000 views. She explained that the event sold sponsorships “based on the data of past events,” adding, “How the Met Gala is seen is so important to the bottom line of Vogue specifically but also to Condé Nast.”

It certainly raised some eyebrows. The dress code was “The Garden of Time,” inspired by the J.G. Ballard short story of the same name. It’s an allegorical tale about an aristocratic couple isolated in their estate of fading beauty harassed by an enormous crowd preparing to overrun and destroy the space. Rather on the nose.

Yes. Some posts say the blockout is a negative example of “cancel culture.” Others suggest that, like other social media-led movements, it is digital posturing that generates little meaningful change.

Some argue that celebrities do not have a duty (or the awareness) to speak out on complicated geopolitical issues, and they question why it matters what famous people think about those issues, anyway. Others feel the movement has blurred parameters, given that some A-listers, like Jennifer Lopez and Billie Eilish, have previously shown support for a cease-fire in Gaza but are being punished for not speaking up now.

Several stars on the widely circulated block lists, including Lizzo and the influencer Chris Olsen, posted their first public videos asking followers to donate in support of aid organizations serving Palestinians. Blockout supporters have also worked to “boost” celebrities who have recently spoken about the conflict, like Macklemore, Dua Lipa and The Weeknd.

According to metrics from the analytics company Social Blade, many names on block lists have lost tens or hundreds of thousand of followers per day since the “digitine” began. But murky claims that stars like Kim Kardashian have lost millions of followers are unsubstantiated.

Will more A-listers start speaking out on the red carpet as a result of the lists? It is too soon to tell. But for frequent users of TikTok, the brand aura of the Met Gala is being profoundly altered. And while social-media-led boycotts are by no means unprecedented, this latest movement is a clear example of the growing power of creators to redistribute or even weaponize ​platforms that are cornerstones of a modern celebrity-centric — and capitalist — system.





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Grand Theft Auto maker firms up GTA 6 release date

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The latest instalment of the hugely popular series will be released in autumn 2025, its publisher says.



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