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    TikTok asks US court to intervene after Trump administration leaves app in limbo

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    The popular video-sharing app TikTok says its future has been in limbo since Donald Trump tried to shut it down earlier this fall and is asking a federal court to intervene.
    Trump in August signed an executive order to ban TikTok if it did not sell its US operations in 45 days. The move forced TikTok’s Chinese owner ByteDance to consider deals with several American companies before ultimately settling on a proposal to place TikTok under the oversight of the American companies Oracle and Walmart, each of which would also have a financial stake in the company.
    But TikTok said this week it’s received “no clarity” from the US government about whether that proposal has been accepted.
    The deal has been under a national-security review by the interagency Committee on Foreign Investment in the United States, or CFIUS, which is led by the treasury department. The department didn’t return emailed requests for comment this week.
    “With the November 12 CFIUS deadline imminent and without an extension in hand, we have no choice but to file a petition in court to defend our rights and those of our more than 1,500 employees in the US,” TikTok said in a written statement Tuesday.
    Trump has cited concerns that the Chinese government could spy on TikTok users if the app remains under Chinese ownership. TikTok has denied it is a security threat but said it is still trying to work with the administration to resolve its concerns.
    The legal challenge is “a protection to ensure these discussions can take place”, the company said.
    The Trump administration had earlier sought to ban the app from smartphone app stores and deprive it of vital technical services. To do this, the US could have internet service providers block TikTok usage from US IP addresses, as India did when it banned TikTok, effectively making TikTok unusable.
    Such actions were set to take place on 20 September but federal judges have so far granted TikTok extensions.
    TikTok is now looking to the US court of appeals for the District of Columbia circuit to review Trump’s divestment order and the government’s national-security review. The company filed a 49-page petition asking the court to review the decision, saying the forced divestment from TikTok violates the constitution.
    “The government has taken virtually all of the ‘sticks’ in the ‘bundle’ of property rights ByteDance possesses in its TikTok US platform, leaving it with no more than the twig of potentially being allowed to make a rushed, compelled sale, under shifting and unrealistic conditions, and subject to governmental approval,” the filing says.
    The US attorney general office did not immediately respond to request for comment. More

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    Big tech and corporate tax cuts: the targets of Joe Biden's urgent economic plans

    When Joe Biden enters the White House on 20 January, he will face arguably the biggest set of challenges a president has had to tackle since the end of the second world war. The coronavirus is raging through the US, millions of Americans are still losing their jobs each month, and the climate crisis – ignored by the Trump administration – is deepening.
    Biden has set out his economic and policy plans, but without control of the Senate he may struggle to realise them. Official GDP figures for the third quarter showed the size of the economy was still almost 4% below its previous peak, despite a 7.4% recovery from the spring lockdown.
    At present it looks certain that the Democrats will control the House of Representatives, but we will have to wait for the results of special elections in Georgia before we know who controls the Senate. A Republican majority would block many of his proposals.
    Like Donald Trump, Biden can use executive orders – basically presidential decrees – to circumnavigate political roadblocks. While those orders would have major consequences, Biden is likely to struggle to pass significant legislation without Democratic control of both branches of Congress.
    But here are the some of the key elements of Bidenomics.
    Stimulus package More

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    Steve Bannon banned by Twitter for calling for Fauci beheading

    Twitter has banned the account of the former Donald Trump adviser and surrogate Steve Bannon after he called for the beheading of Dr Anthony Fauci and the FBI director, Christopher Wray, and the posting of their heads outside the White House as a “warning”.
    Speaking on his podcast, the War Room, which was distributed in video form on a number of social media outlets, the far-right provocateur appeared to endorse violence against Wray and the US’s most senior infectious diseases expert.
    “Second term kicks off with firing Wray, firing Fauci … no I actually want to go a step farther but the president is a kind-hearted man and a good man,” Bannon said.
    “I’d actually like to go back to the old times of Tudor England. I’d put their heads on pikes, right, I’d put them at the two corners of the White House as a warning to federal bureaucrats, you either get with the programme or you’re gone.”
    Twitter banned Bannon’s War Room account permanently, saying it had suspended the podcast account for violating its policy on the glorification of violence.
    The same video was on Facebook for about 10 hours before it was also removed.
    Later on Friday, William Burck, an attorney for Bannon in a fraud case in New York City, told a federal judge he was withdrawing. Bannon is accused of misappropriating money from a group which raised $2m from thousands of donors to build a wall on the border with Mexico, and has pleaded not guilty. Burck did not give a reason for his withdrawal.
    There has been mounting concern over the risk of violence following this week’s US elections, amid highly inflammatory rhetoric from Trump and his allies, who have falsely said Democrats are trying to “steal the election”.
    Philadelphia police arrested two men allegedly involved in a plot to attack the Pennsylvania Convention Center on Thursday night. Police were tipped off, possibly from a concerned family member of one of the men, who had driven 300 miles from Virginia.
    The moves against Bannon came hours after Facebook banned “Stop the Steal”, a group involved in organising protests this weekend throughout the US against the presidential vote count.
    One post, shared by the Center for Countering Digital Hate, declared: “Neither side is going to concede. Time to clean the guns, time to hit the streets.”
    The increasingly heated language around the election has also included interventions from more mainstream figures, including the former Republican House speaker Newt Gingrich, who appeared to call for election workers in Pennsylvania to be arrested.
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    Speaking to Sean Hannity on Fox News, Gingrich amplified Trump’s false complaints of election rigging and mused about what he believed was the solution.
    “My hope is that President Trump will lead the millions of Americans who understand exactly what’s going on,” Gingrich said. “The Philadelphia machine is corrupt. The Atlanta machine is corrupt. The machine in Detroit is corrupt. And they are trying to steal the presidency. And we should not allow them to do that.”
    “First of all, under federal law, we should lock up the people who are breaking the law,” he continued. “You stop somebody from being an observer, you just broke federal law. Do you hide and put up papers so nobody can see what you’re doing? You just broke federal law. You bring in ballots that aren’t real? You just broke federal law.” More

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    Facebook and Twitter take emergency steps against Trump false victory claims

    Facebook and Twitter have deployed emergency measures to counter Donald Trump’s false claims of victory on their social networks, bringing them more directly into conflict with the US president than ever before.The two tech platforms had announced plans in the run-up to the election to counter misinformation about the vote, as well as premature claims of victory, and on the night of and day after, both companies mostly stuck to the plan.Facebook notably dropped the euphemistic phrasing that had previously accompanied its announcements, which discussed the risk that “candidates” may falsely claim a win. It also walked back a previous policy that would have allowed candidates to claim state-level victories before they were called, despite barring the premature announcement of a national win. On Wednesday it started to flag posts from Trump and affiliates claiming the president had won Pennsylvania and other battleground states, even as ballots continued to be counted and official results had yet to be announced.A company spokesperson cited Trump by name in explaining its decision, saying: “Once President Trump began making premature claims of victory, we started running notifications on Facebook and Instagram that votes are still being counted and a winner is not projected. We’re also automatically applying labels to both candidates’ posts with this information.”When it came to reacting to individual posts, both platforms faced criticism for their responses. In late-night posts cross-posted to both Twitter and Facebook, Trump declared: “We are up BIG, but they are trying to STEAL the Election. We will never let them do it. Votes cannot be cast after the Polls are closed!” That post was followed by a second that read: “I will be making a statement tonight. A big WIN!”Misinformation experts say because such posts are able to achieve widespread circulation before being addressed, more comprehensive policies to correct the effects of the misleading posts should be put in place, calling it a “democratic emergency”.“False claims of voter fraud, early victory and election-stealing are helping plunge the country further into chaos and confusion, creating alternate realities for Americans,” said Fadi Quran, the campaign director at Avvaz, an online activist network and non-profit. “Platforms must immediately adopt more effective policies such as retroactively sending corrections to all users who see misinformation and downgrading the reach of repeat misinformers.”Facebook initially labelled the first post with a simple box advising readers to “see the latest updates on the 2020 US election”. More than 30 minutes after it was posted, the company updated its warning to note that “final results may be different from initial vote counts, as ballot counting will continue for days or weeks”. By that time the post had well over 100,000 reactions.Twitter restricted distribution on the first post from Trump on Tuesday night, blocking it from being retweeted or replied to, and appended a note saying the content “is disputed and might be misleading about an election or other civic process”. A spokesperson said the warning was “for making a potentially misleading claim about an election. This action is in line with our civic integrity policy.”Neither platform took specific action against the second post claiming “a big WIN!”. Twitter said the lack of action was because it was unclear what, specifically, was being referenced. While the post could have constituted a premature claim of victory in the national race, it could just as easily be construed as a legitimate expression of pleasure at winning a state such as Florida, which had declared several hours earlier. More

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    'Putin could only dream of it': how Trump became the biggest source of disinformation in 2020

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    It seemed like the nightmare of 2016 all over again.
    On 21 October, less than two weeks before election day, US intelligence and law enforcement officials convened a last-minute press conference to warn that foreign adversaries were once again interfering in American democracy. Iran was spreading false tales about “allegedly fraudulent ballots” and sending spoofed emails purporting to contain threats from the Proud Boys, “designed to intimidate voters, incite social unrest and damage President Trump”, said John Ratcliffe, the director of national intelligence. Meanwhile, both Russia and Iran had obtained access to voter information that could be used to “cause confusion, sow chaos and undermine your confidence in American democracy”, he warned.
    It was everything that Democrats and disinformation experts have been warning about for the last four years, except, well, not quite.
    The email operation had been relatively small and immediately debunked, while voter roll information is either public or easy to obtain. Senior intelligence officials quickly raised doubts about Ratcliffe’s emphasis on the threat from Iran over Russia and questioned whether his motives for the public announcement were political, the New York Times reported.
    “It was very difficult to see those men in suits talking about interference in the election when the White House is the one interfering with the election,” said Claire Wardle, the executive director of First Draft, a group that researches and combats disinformation.
    After all, when it comes to intimidating voters or inciting social unrest, nothing has had more impact than the constant drumbeat of lies and disinformation from Donald Trump. Years of preparation by the press, social media platforms, and civil society groups for a foreign interference campaign against the US electoral process have been upended by the bizarre reality that the biggest threat to American democracy right now is almost certainly the commander-in-chief, and that his primary mode of attack is a concerted disinformation campaign.
    Because how much impact can a few thousand faked emails telling voters in Florida and Alaska to “vote for Trump or else” have on voters compared with Trump directly ordering the Proud Boys, a neo-fascist street gang, to “stand back and stand by” before a television audience of 73 million people? And what kind of false tale of voter fraud could Iran possibly seed that could undermine Americans’ faith in the electoral process more than the disinformation about voter fraud and mail-in ballots coming straight from the White House and Trump’s campaign?
    “‘Don’t trust the electoral system, don’t trust the CDC, don’t trust your neighbor because they’re probably antifa, don’t trust the left,’” Wardle said of Trump’s re-election message. “It’s not about persuading people one way or the other, it’s about making them scared and causing confusion and chaos,” she added.
    “The media’s been obsessed with Russians under the bed, but to have the president of the United States telling people in the US that they can’t trust the results of the election – Putin could only dream of that kind of thing.”
    Social media tactics
    Russia’s disinformation campaign in the 2016 presidential election had two main vectors: a social media campaign to sow division and distrust among voters, and a “hack and leak” operation that resulted in the theft and publication of emails and documents stolen from Democrats and Hillary Clinton’s campaign. That hack and leak operation was incredibly successful, with caches of stolen material proving irresistible both for the mainstream press and for conservative activists and conspiracy theorists.
    The 2020 iteration of the hack and leak tactic – Trump’s attorney Rudy Giuliani pushing dubious emails and text messages supposedly obtained from a hard drive linked to Joe Biden’s son Hunter – has been something of a damp squib, however. “You don’t see the same kind of credulous, knee-jerk out-of-control amplification that you saw in 2016,” said Whitney Phillips, a professor at Syracuse University and author of The Oxygen of Amplification, a report examining how the press served the purposes of media manipulators, trolls and hate groups in 2016. The top newspapers have debunked and deflated Giuliani’s claims, and the idea of the pilfered hard drive has failed to capture the public’s interest in the same way that troves of stolen emails did.
    But while the Trump re-election campaign may have failed to recapture the magic of 2016 when it comes to hacked emails, the president has taken Russia’s 2016 social media playbook and supercharged it with the power of the White House.
    “I’m sure that there is some foreign influence stuff happening and we might know more about it later,” said Phillips. “But so much of the pollution is trickling down from the White House itself, and people have been absolutely overwhelmed with falsehoods and confusion over Covid and ballots … When people get overwhelmed, they either fight or flee. [Trump] is making it almost impossible for people not to get totally burned out and disgusted.” More

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    Republicans use congressional hearing to berate tech CEOs and claim Trump is 'censored'

    Republican lawmakers berated the CEOs of Twitter, Facebook and Google in a hearing that was ostensibly about a federal law protecting internet companies but mostly focused on how those companies deal with disinformation from Donald Trump and other conservatives.Jack Dorsey, Mark Zuckerberg and Sundar Pichai testified before Congress on Wednesday about section 230 of the Communications Decency Act, a law underpinning US internet regulation that exempts platforms from legal liability for content generated by its users.The hearing was meant to investigate “how best to preserve the internet as a forum for open discourse”, according to the Senate judiciary committee, but came largely in response to allegations from Republicans and the president of anti-conservative bias in the tech world. Those accusations are unsubstantiated. In fact, a recent report alleged that Facebook had suppressed progressive content to appease Republican lawmakers.Still, Republicans on the committee accused the CEOs of “censoring” the president, and questioned them about their decision-making around labeling some of the president’s social media posts as misinformation. The Republican chair of the committee, Roger Wicker, opened the hearing criticizing Twitter and Facebook’s decision to limit sharing of an unverified political story by the New York Post about the Democratic presidential nominee, Joe Biden, and Twitter’s labeling of a Trump tweet casting doubt on mail-in ballots as potential misinformation.Republican after Republican accused Twitter of mishandling Trump’s tweets, with the Senator Marsha Blackburn claiming the company had “censored” Trump 65 times and Biden “zero” times.Dorsey, the Twitter CEO, responded Trump has not been “censored”.“To be clear, we have not censored the president,” he said. “We have not taken the tweets down that you are referencing, we added additional context as we do with any world leader.” More

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    Section 230: tech CEOs to defend key internet law before Congress

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    The CEOs of Facebook, Twitter and Google are expected to tell lawmakers in a rare appearance before Congress that a federal law protecting internet companies is crucial to free expression online.
    Wednesday’s hearing with Mark Zuckerberg, Jack Dorsey and Sundar Pichai will take place less than a week before election day and was convened to address section 230 of the Communications Decency Act, a law underpinning US internet regulation that exempts platforms from legal liability for content generated by its users.
    The hearing will investigate “how best to preserve the internet as a forum for open discourse”, according to the Senate judiciary committee, and it comes largely in response to allegations of anti-conservative bias in the tech world.
    Senate Republicans indicated they wanted to question Pichai and Zuckerberg in October to discuss issues related to section 230. Dorsey was added to the mix after Twitter restricted the circulation of a controversial New York Post article that featured potentially hacked materials relating to Joe Biden’s son Hunter.
    In prepared testimony for Wednesday’s hearing, Dorsey, CEO of Twitter, said eroding the foundation of section 230 “could collapse how we communicate on the internet, leaving only a small number of giant and well-funded technology companies”.
    Facebook’s Zuckerberg warned that tech companies were likely to censor more content to avoid legal risks if section 230 were repealed. “Without section 230, platforms could potentially be held liable for everything people say,” he said.
    The Facebook executive also argued that without the law, tech companies could face liability for doing even basic moderation, such as removing hate speech and harassment. He said he supported “updating” the rules for the internet if it were done with the potential consequences in mind.
    Pichai said Google approached its work without political bias and was able to offer the information it did because of existing legal frameworks such as section 230. “I would urge the committee to be very thoughtful about any changes to section 230 and to be very aware of the consequences those changes might have on businesses and consumers,” Pichai’s written testimony said.
    Republicans’ allegations that tech companies unfairly silence conservative voices is unsubstantiated. In fact, a recent report alleged that Facebook had suppressed progressive content to appease Republican lawmakers.
    Still, Donald Trump has repeatedly accused Twitter and Facebook of censoring him and has zeroed in on section 230 as one of the culprits. Trump has stepped up his criticism since the companies began to label or even remove posts by the president or his campaign that spread misinformation or call for violence.
    “Repeal section 230!!!” Trump tweeted on 6 October, after Twitter added a misinformation warning label to one of his tweets claiming the flu is more deadly than Covid-19.
    Ironically, the repeal of section 230 protections would probably lead social media platforms to take more, not less, action over Trump’s posts, as it would hold them legally liable for any falsehoods he posts. Experts say the effects would be comparable to what was seen with the passage of Fosta/Sesta, legislation that held platforms responsible for sexual service advertisements posted on their sites. The passage of those bills led to the removal of Craigslist personal ads and upended content policies on sites like Tumblr.
    Privacy advocates have long called for the protection of section 230, saying it is integral to internet freedom. The Electronic Frontier Foundation, a non-profit civil liberties group, called section 230 “the most important law protecting internet speech”.
    The Internet Society, another non-profit organization advocating for internet access, warned that poorly informed policy decisions on section 230 could bring “dire consequences” for what we are able to do online.
    That is because the law applies not only to platforms like Facebook and Twitter but to other internet infrastructure like domain name registries and internet service providers. Without section 230, these entities may have to approve content prior to posting or take other action that would significantly slow the flow of the internet as we know it.
    Despite the warnings, the modification of existing regulations has become a major point of contention in the run-up to the election, with both presidential candidates proposing section 230’s repeal. There have been an additional 20 attempts to amend or revoke the law in the past two years.
    In addition to discussions on reforming the law, the hearing will bring up issues about consumer privacy and media consolidation. On Tuesday, Senator Maria Cantwell, the top Democrat on the Senate commerce panel, released a report on how big tech platforms have decimated the local news industry, including newspapers and broadcasters.
    The tech executives will begin their testimony at 10am ET and all three will appear remotely.
    Reuters contributed reporting More