Federal appeals court upholds law requiring sale or ban of TikTok in US

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A federal appeals court panel on Friday upheld a law that could lead to a ban on TikTok in a few short months, handing a resounding defeat to the popular social media platform as it fights for its survival in the U.S. 

The U.S. Court of Appeals for the District of Columbia Circuit ruled that the law, which requires TikTok to break ties with its China-based parent company ByteDance or be banned by mid-January, is constitutional, rebuffing TikTok’s challenge that the statute ran afoul of the First Amendment and unfairly targeted the platform. 

“The First Amendment exists to protect free speech in the United States,” said the court’s opinion. “Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.” 

TikTok and ByteDance — another plaintiff in the lawsuit — are expected to appeal to the Supreme Court. Meanwhile, President-elect Donald Trump, who tried to ban TikTok during his first term and whose Justice Department would have to enforce the law, said during the presidential campaign that he is now against a TikTok ban and would work to “save” the social media platform. 

The law, signed by President Joe Biden in April, culminated a years-long saga in Washington over the short-form video-sharing app, which the government sees as a national security threat because of its connections to China. 

The U.S. has said it’s concerned about TikTok collecting vast swaths of user data, including sensitive information on viewing habits, that could fall into the hands of the Chinese government through coercion. Officials have also warned the proprietary algorithm that fuels what users see on the app is vulnerable to manipulation by Chinese authorities, who can use it to shape content on the platform in a way that’s difficult to detect. 

However, a significant portion of the government’s information in the case has been redacted and hidden from the public as well as the two companies. 

TikTok, which sued the government over the law in May, has long denied it could be used by Beijing to spy on or manipulate Americans. Its attorneys have accurately pointed out that the U.S. hasn’t provided evidence to show that the company handed over user data to the Chinese government, or manipulated content for Beijing’s benefit in the U.S. 

They also have argued the law is predicated on future risks, which the Department of Justice has emphasized pointing in part to unspecified action it claims the two companies have taken in the past due to demands from the Chinese government. 

Friday’s ruling came after the appeals court panel heard oral arguments in September. 

Some legal experts said at the time that it was challenging to read the tea leaves on how the judges would rule. 

In a court hearing that lasted more than two hours, the panel — composed of two Republican and one Democrat appointed judges — appeared to grapple with how TikTok’s foreign ownership affects its rights under the Constitution and how far the government could go to curtail potential influence from abroad on a foreign-owned platform. 

The judges pressed Daniel Tenny, a Justice Department attorney, on the implications the case could have on the First Amendment. But they also expressed some skepticism at TikTok’s arguments, challenging the company’s attorney — Andrew Pincus —on whether any First Amendment rights preclude the government from curtailing a powerful company subject to the laws and influence of a foreign adversary. 

In parts of their questions about TikTok’s ownership, the judges cited wartime precedent that allows the U.S. to restrict foreign ownership of broadcast licenses and asked if the arguments presented by TikTok would apply if the U.S. was engaged in war. 

To assuage concerns about the company’s owners, TikTok says it has invested more than $2 billion to bolster protections around U.S. user data. 

The company also argues the government’s broader concerns could have been resolved in a draft agreement it provided the Biden administration more than two years ago during talks between the two sides. It has blamed the government for walking away from further negotiations on the agreement, which the Justice Department argues is insufficient. 

Attorneys for the two companies have claimed it’s impossible to divest the platform commercially and technologically. They also say any sale of TikTok without the coveted algorithm — the platform’s secret sauce that Chinese authorities would likely block under any divesture plan — would turn the U.S. version of TikTok into an island disconnected from other global content. 

Still, some investors, including Trump’s former Treasury Secretary Steven Mnuchin and billionaire Frank McCourt, have expressed interest in purchasing the platform. Both men said earlier this year that they were launching a consortium to purchase TikTok’s U.S. business. 

This week, a spokesperson for McCourt’s Project Liberty initiative, which aims to protect online privacy, said unnamed participants in their bid have made informal commitments of more than $20 billion in capital. 

TikTok’s lawsuit was consolidated with a second legal challenge brought by several content creators — for which the company is covering legal costs — as well as a third one filed on behalf of conservative creators who work with a nonprofit called BASED Politics Inc. 

If TikTok appeals and the courts continue to uphold the law, it would fall on Trump’s Justice Department to enforce it and punish any potential violations with fines. The penalties would apply to app stores that would be prohibited from offering TikTok, and internet hosting services that would be barred from supporting it.
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US rebounds, adds 227,000 jobs in November

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WASHINGTON — America’s job market rebounded in November, adding 227,000 workers in a solid recovery from the previous month, when the effects of strikes and hurricanes sharply diminished employers’ payrolls.

Last month’s hiring growth was up considerably from a meager gain of 36,000 jobs in October. The government also revised up its estimate of job growth in September and October by a combined 56,000.

Friday’s report from the Labor Department also showed that the unemployment rate ticked up from 4.1% in October to a still-low 4.2%. Hourly wages rose 0.4% from October to November and 4% from a year earlier — both solid figures and slightly higher than forecasters had expected.

The November employment report provided the latest evidence that the U.S. job market remains durable even though it has lost significant momentum from the 2021-2023 hiring boom, when the economy was rebounding from the pandemic recession. The job market’s gradual slowdown is, in part, a result of the high interest rates the Federal Reserve engineered in its drive to tame inflation.

The Fed jacked up interest rates 11 times in 2022 and 2023. Defying predictions, the economy kept growing despite much higher borrowing rates for consumers and businesses. But since early this year, the job market has been slowing.

Thomas Simons, U.S. economist at Jefferies, wrote in a commentary that the recovery from October’s strikes and hurricanes likely increased last month’s payrolls by 60,000, suggesting that the job market is strong enough to absorb most jobseekers but not enough to raise worries about inflation.

Across industries last month, manufacturing companies added 22,000 jobs, reflecting the end of strikes at Boeing and elsewhere. Health care companies added 54,000 jobs, government agencies 33,000, and bars and restaurants 29,000. But retailers shed 28,000 jobs in November.

Americans have been enjoying unusual job security. This week, the government reported that layoffs fell to 1.6 million in October, below the lowest levels in the two decades that preceded the pandemic. At the same time, the number of job openings rebounded from a 3½-year low, a sign that businesses are still seeking workers even though hiring has cooled.

The overall economy has remained resilient. The much higher borrowing costs for consumers and businesses that resulted from the Fed’s rate hikes had been expected to tip the economy into a recession. Instead, the economy kept growing as households continued to spend and employers continued to hire.

The economy grew at a 2.8% annual pace from July through September on healthy spending by consumers. Annual economic growth has topped a decent 2% in eight of the past nine quarters. And inflation has dropped from a 9.1% peak in June 2022 to 2.6% last month.
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Trump picks former Sen. David Perdue of Georgia to be ambassador to China

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WASHINGTON — U.S. President-elect Donald Trump said Thursday he is choosing former Sen. David Perdue of Georgia to be ambassador to China.

Trump said in a social media post that Perdue, a former CEO, “brings valuable expertise to help build our relationship with China.” Perdue pushed Trump’s debunked lies about electoral fraud during his failed bid for Georgia governor.

Perdue lost his Senate seat to Democrat Jon Ossoff four years ago and ran unsuccessfully in a primary against Georgia Gov. Brian Kemp.

Economic tensions will be a big part of the U.S.-China picture for the new administration.

Trump has threatened to impose sweeping new tariffs on Mexico, Canada and China as soon as he takes office as part of his effort to crack down on illegal immigration and drugs. He said he would impose a 25% tax on all products entering the country from Canada and Mexico, and an additional 10% tariff on goods from China, as one of his first executive orders.

The Chinese Embassy in Washington cautioned earlier this week that there will be losers on all sides if there is a trade war.

“China-US economic and trade cooperation is mutually beneficial in nature,” embassy spokesman Liu Pengyu posted on X. “No one will win a trade war or a #tariff war.” He added that China had taken steps in the last year to help stem drug trafficking.

It is unclear whether Trump will actually go through with the threats or if he is using them as a negotiating tactic.

The tariffs, if implemented, could dramatically raise prices for American consumers on everything from gas to automobiles to agricultural products. The United States is the largest importer of goods in the world, with Mexico, China and Canada its top three suppliers, according to the most recent U.S. Census data.

Trump also filled out more of his immigration team Thursday, as he promises mass deportations and border crackdowns.

He said he’s nominating former Border Patrol Chief Rodney Scott to head U.S. Customs and Border Protection. Scott, a career official, was appointed head of the border agency in January 2020 and enthusiastically embraced then-President Trump’s policies, particularly on building a U.S.-Mexico border wall. He was forced out by the Biden administration.

Trump also said he’d nominate Caleb Vitello as acting director of Immigration and Customs Enforcement, the agency that, among other things, arrests migrants in the U.S. illegally. Vitello is a career ICE official with more than 23 years in the agency and most recently has been the assistant director for the office of firearms and tactical programs.

The president-elect named the head of the Border Patrol Union, Brandon Judd, as ambassador to Chile. Judd has been a longtime supporter of Trump’s, appearing with him during his visits to the U.S.-Mexico border, though he notably supported a Senate immigration bill championed by Biden that Trump sank in part because he didn’t want to give Democrats an election-year win on the issue.
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Biden lights National Christmas Tree

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U.S. President Joe Biden and Vice President Kamala Harris attended the annual National Christmas Tree Lighting ceremony Thursday night on the Ellipse, south of the White House.

“During this season of reflection,” Biden said, “may we continue to seek the light of liberty and love, kindness and compassion, dignity and decency.”

The president said the event is a favorite of his wife’s and that she was sorry to miss this year’s event. First lady Jill Biden is in Qatar for her initiative on women’s health.

Country singing star Mickey Guyton hosted this year’s event.

The tree lighting was launched in 1923 when first lady Grace Coolidge allowed the District of Columbia Public Schools to erect a 48-foot balsam fir on the Ellipse. Three thousand people attended the ceremony that year when President Calvin Coolidge lit the tree, which came from Middlebury College in Vermont.

This year’s tree, a 30-foot red spruce from Virginia, is anchored by steel cables after strong winds blew over last year’s tree.

Americans from every U.S. state and territory and the District of Columbia create the one-of-a-kind ornaments that adorn the tree as it glows with thousands of lights.

Trisha Yearwood, James Taylor, Stephen Sanchez and Trombone Shorty were among the musical guests who performed at this year’s holiday event.

The show will be broadcast on December 20 on CBS-TV.
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Аксьонов заявив про передачу «Крименерго» 50 млн рублів від продажу «націоналізованого» майна в Криму

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Наприкінці листопада Аксьонов заявив, що Крим цього року отримав 2,7 мільярда рублів за рахунок продажу «націоналізованого» майна
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Biden caps Angola visit with stop at train terminal at western port

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President Joe Biden was in Angola Wednesday for a tour of Lobito port, the ocean terminal of a U.S.-backed railway redevelopment corridor. The president met with workers and spoke with leaders about what the president called the largest U.S. investment in a train project outside America. VOA’s Anita Powell traveled with the president and has this report. Mayra Fernandes contributed to this report. (Produced by: Rod James)
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Chinese online retailer Temu suspended in Vietnam

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HANOI, Vietnam — Vietnam has suspended the operations of Chinese online retailer Temu after it failed to meet a government deadline to register the company by the end of November. 

It is unclear if Temu, a unit of Chinese e-commerce giant Pinduoduo, will be allowed to resume its business once it registers. The suspension comes after the ministry had raised concerns about the authenticity of Temu’s extremely cheap products and their impact on Vietnamese manufacturers. 

Temu said Thursday it was working with the Vietnam E-commerce and Digital Economy Agency and the Ministry of Industry and Trade to register its e-commerce services and had submitted required documents. 

Temu began selling goods in Vietnam in October with aggressive discounts and free shipping. The government had warned the company that its app and website would be blocked if it did not register before an end-of-November deadline, official Vietnam News Agency cited the Ministry of Industry and Trade as saying. 

On Thursday, Vietnamese language options were removed from Temu’s website. A notification on the site said that Temu was working “with the Vietnam E-commerce and Digital Economy Agency and the Ministry of Industry and Trade to register its provision of e-commerce services in Vietnam.” 

Temu is being investigated in Europe over suspicions it was failing to prevent the sale of illegal products.
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Bitcoin storms above $100,000 as bets on Trump fuel crypto euphoria

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Bitcoin catapulted above $100,000 for the first time on Thursday, a milestone hailed even by skeptics as a coming-of-age for digital assets as investors bet on a friendly U.S. administration to cement the place of cryptocurrencies in financial markets.

Once it broke $100,000 in Thursday’s Asian morning, boosted by U.S. President-elect Trump’s nomination of pro-crypto Paul Atkins to run the Securities and Exchange Commission, it was soon at an all-time high of $103,619, a surge of about 6% on the day. It was last fetching $102,650.

The total value of the cryptocurrency market has almost doubled over the year so far to hit a record just shy of $3.8 trillion, according to data provider CoinGecko. By comparison, Apple AAPL.O alone is worth about $3.7 trillion.

Bitcoin’s march from the libertarian fringe to Wall Street has minted millionaires, a new asset class and popularized the concept of “decentralized finance” in a volatile and often controversial period since its creation 16 years ago.

Bitcoin has more than doubled in value this year and is up more than 50% in the four weeks since Donald Trump’s sweeping election victory, which also saw a slew of pro-crypto lawmakers being elected to Congress.

“We’re witnessing a paradigm shift,” said Mike Novogratz, founder and CEO of U.S. crypto firm Galaxy Digital.

“Bitcoin and the entire digital asset ecosystem are on the brink of entering the financial mainstream – this momentum is fueled by institutional adoption, advancements in tokenisation and payments, and a clearer regulatory path.”

Trump embraced digital assets during his campaign, promising to make the United States the “crypto capital of the planet” and to accumulate a national stockpile of bitcoin.

“We were trading basically sideways for about seven months, then immediately after Nov. 5, U.S. investors resumed buying hand-over-fist,” said Joe McCann, CEO and founder of Asymmetric, a Miami digital assets hedge fund.

Bitcoin’s proponents cheered Trump’s nomination of Atkins to the SEC.

A former SEC commissioner, Atkins has been involved in crypto policy as co-chair of the Token Alliance, which works to “develop best practices for digital asset issuances and trading platforms,” and the Chamber of Digital Commerce.

“Atkins will offer a new perspective, anchored by a deep understanding of the digital asset ecosystem,” said Blockchain Association CEO Kristin Smith.

“We look forward to working with him … and ushering in – together – a new wave of American crypto innovation.”

A slew of crypto companies including Ripple, Kraken and Circle are also jostling for a seat on Trump’s promised crypto advisory council.

Part of the landscape

Bitcoin has proven a survivor through precipitous downturns.

Its move into six-figure territory is a remarkable comeback from a dip below $16,000 in 2022 when the industry was reeling from the collapse of the FTX exchange. Founder Sam Bankman-Fried was subsequently jailed.

Analysts say the growing embrace of bitcoin by big investors this year has been a driving force behind the record-breaking rally.

U.S.-listed bitcoin exchange-traded funds were approved in January and have been a conduit for large-scale buying, with more than $4 billion streaming into these funds since the election.

“Roughly 3% of the total supply of bitcoins that will ever exist have been purchased in 2024 by institutional money,” said Geoff Kendrick, global head of digital assets research at Standard Chartered.

“Digital assets, as an asset class, is becoming normalized,” he said. “If you fast forward a number of years on trading floors you’ll have a sales and trading desk… which will sit alongside FX and rates and commodities.”

It is already becoming increasingly financialized, with the launch of bitcoin futures BTCc1 in 2017 and a strong debut for options on BlackRock’s ETF IBIT.O in November.

Crypto-related stocks have soared along with the bitcoin price, with shares in bitcoin miner MARA Holdings MARA.O and exchange operator Coinbase COIN.O each up around 65% in November.

Software firm Microstrategy MSTO.O, which has repeatedly raised funds to buy bitcoin and held an aggregate of about 402,100 bitcoins as of Dec. 1, has gained around 540% this year.

Trump himself unveiled a new crypto business, World Liberty Financial, in September, although details have been scarce and billionaire Elon Musk, a major Trump ally, is also a proponent of cryptocurrencies.

‘Who can prohibit it’

The cryptocurrency industry has been criticized for its massive energy usage, while crypto crime remains a concern, and the underlying technology is yet to deliver a major revolution in the way money moves around the globe.

The U.S. and Britain announced on Wednesday they had disrupted what they described as a global money laundering ring which used cryptocurrency to help rich Russians to evade sanction and launder cash for drug traffickers.

Still, as Russian President Vladimir Putin pointed out at an investment conference on Wednesday: “Who can prohibit it? No one.” And its longevity is perhaps testament to a degree of resilience.

“As time goes by it’s proving itself as part of the financial landscape,” said Shane Oliver, chief economist and head of investment strategy at AMP in Sydney.

“I find it very hard to value it … it’s anyone’s guess. But it does have a momentum aspect to it and at the moment the momentum is up.”
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VOA Exclusive: US House Speaker Mike Johnson speaks with Taiwan president

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State Department — The United States has dismissed Chinese objections to Taiwan President Lai Ching-te’s stopovers in Hawaii and Guam during a Pacific tour, reaffirming that transits through the U.S. by Taiwan’s democratically elected leaders are routine and consistent with long-standing bipartisan U.S. policy.   

Amid China’s criticism, Republican House Speaker Mike Johnson and former Democratic Speaker Nancy Pelosi each spoke separately with Lai, underscoring steadfast U.S. support for Taiwan.  

Johnson held a call Wednesday afternoon with Lai, who had recently arrived in Guam following a visit to Taiwan’s Pacific ally, Tuvalu, according to sources who spoke with VOA on the condition of anonymity.

First call

The call marked the first direct conversation between the House speaker and Lai since the latter assumed office in May. Johnson had previously congratulated Lai upon his election in January and renewed the United States’ commitment to the security and democracy of its Indo-Pacific partners. 

Lai arrived in Guam on Wednesday night for a brief layover and is set to depart Thursday afternoon for Palau, the final stop on his weeklong Pacific tour. The trip, which began on November 30, also included stops in Hawaii and the Marshall Islands. This marks Lai’s first overseas trip as president.

VOA has reached out to Johnson’s office for comment.

Bipartisan US policy

“Every democratically elected Taiwan president has transited the United States,” a State Department spokesperson told VOA this week.  

Guided by the Taiwan Relations Act, the three U.S.-China Joint Communiques, and the Six Assurances, the spokesperson added that U.S. policy toward Taiwan has remained consistent across administrations for 45 years.

Senior U.S. officials have also noted that these documents — the foundations of Washington’s “One China” policy — contain no language explicitly prohibiting a Taiwan president from stopping over in a U.S. city.

Beijing opposition

Beijing, however, accused Washington of interfering in what it calls its “internal affairs.”

Chinese officials said they “firmly oppose” any form of official interaction between the U.S. and Taiwan, which it considers a renegade province.

“Nothing will deter China from upholding national sovereignty and territorial integrity,” Ministry of Foreign Affairs spokesperson Lin Jian told reporters this week.

Taiwan has said China’s threats over Lai’s visit are counterproductive.

Garnering US support

Lai’s transits through Hawaii and Guam come as he seeks to garner support from the incoming administration of President-elect Donald Trump, who has said Taiwan should pay for U.S. protection.

In a closed-door address at the East-West Center in Honolulu, Lai expressed Taiwan’s commitment to deepening cooperation with the U.S. and contributing to peace and stability in the Taiwan Strait and the broader Indo-Pacific region.

Trump’s nominee for secretary of state, Republican Senator Marco Rubio, a prominent China hawk, has sponsored legislation supporting high-level visits by Taiwanese officials to the U.S. and advocating stronger U.S. policy toward Taiwan amid mounting Chinese military and diplomatic pressure.

When asked by VOA if he would maintain his support for Taiwan, Rubio said, “The president sets foreign policy, and our job at the State [Department] will be to execute it.”   

Despite facing sanctions from China, Rubio expressed confidence in finding solutions to engage with Beijing if confirmed. 

Restrictions on Washington  

Under long-standing, self-imposed restrictions by the State Department, a stopover in the capital by a sitting Taiwanese president is considered highly provocative to Beijing.

No sitting Taiwan president, vice president, premier or ministers of foreign affairs and defense has visited Washington for formal meetings while in office.

“I know there’s some diplomatic rules related to leaders of Taiwan coming to the United States,” Republican Representative Andy Barr, a member of the House Foreign Affairs Committee, told VOA.

“I think we need to remove any of those impediments. I think President Lai should be able to come to the United States, and we should welcome him.”

The Communist Party-led People’s Republic of China has never governed Taiwan but claims sovereignty over the self-ruled democracy.  

The U.S. has “acknowledged” but never endorsed China’s sovereignty claim over Taiwan.

Washington maintains a “One China” policy distinct from Beijing’s One China principle, taking no official position on Taiwan’s sovereignty and not supporting Taiwan independence.

VOA’s congressional correspondent Katherine Gypson and Mandarin Service reporter Yihua Lee contributed to this report. 
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From VOA Mandarin: Biden hits hard at China’s AI; Trump may pound harder

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The Biden administration issued what is likely its final set of export control rules against Beijing earlier this week. The rules forbid companies from exporting an important chip component crucial for training artificial intelligence to China. Experts say it will further constrain the Chinese supply chain for AI. They also expect the next Trump administration to further expand Washington’s strategic tech blockade against China in a more assertive way. 

See the full story here. 

 
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