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TikTok Warns of Broader Consequences if US Supreme Court Allows Ban

US, Chinese flags, TikTok logo and gavel are seen in this illustration taken January 8, 2025. REUTERS/Dado Ruvic/Illustration
US, Chinese flags, TikTok logo and gavel are seen in this illustration taken January 8, 2025. REUTERS/Dado Ruvic/Illustration
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TikTok Warns of Broader Consequences if US Supreme Court Allows Ban

US, Chinese flags, TikTok logo and gavel are seen in this illustration taken January 8, 2025. REUTERS/Dado Ruvic/Illustration
US, Chinese flags, TikTok logo and gavel are seen in this illustration taken January 8, 2025. REUTERS/Dado Ruvic/Illustration

The lawyer for TikTok and its Chinese parent company ByteDance offered a warning during Supreme Court arguments over a law that would compel the sale of the short-video app or ban it in the United States: If Congress could do this to TikTok, it could come after other companies, too. The law, which was the subject of arguments before the nine justices on Friday, sets a Jan. 19 deadline for ByteDance to sell the popular social media platform or face a ban on national security grounds. The companies have sought, at the very least, a delay in implementation of the law, which they say violates the US Constitution's First Amendment protection against government abridgment of free speech, Reuters said.
Noel Francisco, representing TikTok and ByteDance, argued that Supreme Court endorsement of this law could enable statutes targeting other companies on similar grounds.
"AMC movie theaters used to be owned by a Chinese company. Under this theory, Congress could order AMC movie theaters to censor any movies that Congress doesn't like or promote any movies that Congress wanted," Francisco told the justices.
The justices signaled through their questions during the arguments that they were inclined to uphold the law, although some expressed serious concerns about its First Amendment implications.
TikTok is a platform used by about 170 million people in the United States, roughly half the country's population. Congress passed the measure last year with overwhelming bipartisan support, as lawmakers cited the risk of the Chinese government exploiting TikTok to spy on Americans and carry out covert influence operations.
Jeffrey Fisher, the lawyer representing TikTok content creators who also have challenged the law, noted during the Supreme Court arguments that Congress with this measure was focusing on TikTok and not major Chinese online retailers including Temu.
"Would a Congress (that is) really worried about these very dramatic risks leave out an e-commerce site like Temu that has 70 million Americans using it?" Fisher asked. "It's very curious why you just single out TikTok alone and not other companies with tens of millions of people having their own data taken, you know, in the process of engaging with those websites and equally, if not more, available to Chinese control." Democratic President Joe Biden signed the measure into law and his administration is defending it in this case. The deadline for divestiture is just one day before Republican Donald Trump, who opposes the ban, takes office as Biden's successor.
'FOREIGN ADVERSARIES'
Solicitor General Elizabeth Prelogar, arguing for the Biden administration in defending the law, said it was crucial that it take effect on Jan. 19 as scheduled in order to force ByteDance to act on divestiture.
"Foreign adversaries do not willingly give up their control over this mass communications channel in the United States," Prelogar said.
"When push comes to shove, and these restrictions take effect, I think it will fundamentally change the landscape with respect to what ByteDance is willing to consider. And it might be just the jolt that Congress expected the company would need to actually move forward with the divestiture process," Prelogar said.
If the ban takes affect on Jan. 19, Apple and Alphabet's Google would no longer be able to offer TikTok for downloads for new users but existing users could still access the app. The US government and TikTok agree that app would degrade and eventually become unusable over time because companies would not be able to offer supporting services.
The Supreme Court also debated whether the possibility of TikTok being used for covert influence campaigns or propaganda purposes by China justified the banning it.
"Look, everybody manipulates content," Francisco told the court. "There are lots of people who think CNN, Fox News, the Wall Street Journal, the New York Times are manipulating their content. That is core protected speech." Trump on Dec. 27 urged the court to put a hold on the Jan. 19 deadline to give his incoming administration "the opportunity to pursue a political resolution of the questions at issue in the case."
Under the law, the US president has the power to extend the Jan. 19 deadline for 90 days, but under circumstances that do not appear to apply to the current situation in which ByteDance has made no apparent effort to sell TikTok's US assets. The law mandates that the president certify that significant progress has been made toward a sale, with binding legal agreements.
Regardless, Trump does not become president until after the deadline - though Francisco said "we might be in a different world" once Trump is back in the White House.
Justice Brett Kavanaugh asked Prelogar whether the president could "say that we're not going to enforce this law?"
"I think as a general matter, of course the president has enforcement discretion," Prelogar said.
"Again, that's one of the reasons why I think it makes perfect sense to issue a preliminary injunction here and simply buy everybody a little breathing space," Francisco said.

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The ‘Worst in Show’ CES Products Put Your Data at Risk and Cause Waste

The Ultrahuman Rare luxury smart ring is on display at the Ultrahuman booth during the CES tech show Wednesday, Jan. 8, 2025, in Las Vegas. (AP Photo/John Locher)
The Ultrahuman Rare luxury smart ring is on display at the Ultrahuman booth during the CES tech show Wednesday, Jan. 8, 2025, in Las Vegas. (AP Photo/John Locher)
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The ‘Worst in Show’ CES Products Put Your Data at Risk and Cause Waste

The Ultrahuman Rare luxury smart ring is on display at the Ultrahuman booth during the CES tech show Wednesday, Jan. 8, 2025, in Las Vegas. (AP Photo/John Locher)
The Ultrahuman Rare luxury smart ring is on display at the Ultrahuman booth during the CES tech show Wednesday, Jan. 8, 2025, in Las Vegas. (AP Photo/John Locher)

So much of the technology showcased at CES includes gadgets made to improve consumers' lives — whether by leveraging AI to make devices that help people become more efficient, by creating companions to cure loneliness or by providing tools that help people with mental and physical health.
But not all innovation is good, according to a panel of self-described dystopia experts that has judged some products as “Worst in Show." The award that no company wants to win calls out the “least repairable, least private, and least sustainable products on display."
“We’re seeing more and more of these things that have basically surveillance technology built into them, and it enables some cool things,” Liz Chamberlain, director of sustainability at the e-commerce site iFixit told The Associated Press. “But it also means that now we’ve got microphones and cameras in our washing machines, refrigerators and that really is an industry-wide problem.”
The fourth annual contest announced its decisions Thursday.
A new smart ring every few years? Kyle Wiens, CEO of iFixit, awarded the Ultrahuman Rare Luxury Smart Ring the title of “least repairable.”
The rings, which come in colors like dune and desert sand, cost $2,200. Wiens said the jewelry “looks sleek but hides a major flaw: its battery only lasts 500 charges.” Worse, he said, is the fact that replacing the battery is impossible without destroying the device entirely.
“Luxury items may be fleeting, but two years of use for $2,200 is a new low,” he said.
An AI-powered smart crib? Bosch’s “Revol” crib uses sensors, cameras and AI that the company says can help monitor vital signs like how an infant is sleeping, their heart and respiratory rates and more. The crib can also rock gently if the baby needs help falling asleep and signal to parents if a blanket or other object is interfering with breathing.
The company says users can how and where their data is stored. Bosch also says the crib can be transformed into a desk as children get older.
But EFF Executive Director Cindy Cohn said the crib preys on parents' fears and “collects excessive data about babies via a camera, microphone, and even a radar sensor.”
“Parents expect safety and comfort — not surveillance and privacy risks — in their children’s cribs,” she said in the report.
Too much waste? Although AI is everywhere at CES, Stacey Higginbotham, a policy Fellow at Consumer Reports, felt that SoundHound AI’s In-Car Commerce Ecosystem, powered by its Automotive AI, pushes it to unnecessary extremes.
The feature “increases energy consumption, encourages wasteful takeout consumption and distracts drivers—all while adding little value,” Higginbotham said. That landed the in-car system as “least sustainable” on the list.
Vulnerable to hacking TP-Link's Archer BE900 router won for “least secure” of CES. The company is a top-selling router brand in the US But its products are vulnerable to hacking, said Paul Roberts, founder of The Security Ledger.
"By Chinese law, TP-Link must report security flaws to the government before alerting the public, creating a significant national security risk," he said. “Yet TP-Link showcased its Archer BE900 router at CES without addressing these vulnerabilities.”
Who asked for this? The awards also feature a category called “who asked for this?” Top of that list was Samsung's Bespoke AI Washing Machine, which Nathan Proctor, senior director of US PIRG, a consumer advocacy group, said is filled “with features no one needs,” including the ability to make phone calls.
“These add-ons only make the appliance more expensive, fragile, and harder to repair,” he said.
The worst overall Gay Gordon-Byrne, executive director of The Repair Association called the LG “AI Home Inside 2.0 Refrigerator with ThinkQ” the worst product overall. The fridge adds “flashy features,” Gordon-Byrne said, including a screen and internet connection.
“But these come at a cost,” Gordon-Byrne said. “Shorter software support, higher energy consumption, and expensive repairs reduce the fridge’s practical lifespan, leaving consumers with an expensive, wasteful gadget.”