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Anupam Chander Profile picture
Anupam Chander
@AnupamChander
Georgetown law & technology prof. He/him. https://t.co/phMwv0RyLp. Papers: https://t.co/TeXiGfkh1Y. Book: https://t.co/TA5bbCWqvn
May 22, 2023 • 18 tweets • 4 min read
The largest data protection fine in EU history stems from the transfer of data across borders--to the US--with no showing of any ongoing access by impermissible third parties (such as the NSA) beyond that in Snowden disclosures or any deceptive use of information by Meta. 1/ This situation is why @paulmschwartz and I wrote Privacy and/or Trade, just published in the @UChiLRev. lawreview.uchicago.edu/print-archive/… Privacy law, as it is currently constructed, can make trade nearly impossible. 2/
Mar 17, 2023 • 20 tweets • 6 min read
A 🧵 on the #TikTokBan. 1/ I got why Trump wanted to ban TikTok. He had been pawned on it by #BTSArmy. nytimes.com/2020/06/21/sty… 2/
Mar 18, 2022 • 7 tweets • 1 min read
I was a law student there, and this is exactly right. But let me add a footnote to this story. 1/ I joined the protestors who lined the hall outside. I held a sign (that somebody had written, not me--I wish I could take credit) that read "Anti-Semitism doesn't only hurt Jewish people." 2/
May 5, 2021 • 17 tweets • 4 min read
No one: Anupam, what do you think of the Trump decision?
Anupam: A 🧵 on the Facebook Oversight Board decision, what I call “Trump I.” It includes a prediction of what Facebook will do—so you can tell me I’m wrong at the end of the year! 1/ This was a sophisticated decision, written for the Trump case, but with future global leaders in mind. And it's, crucially, not the Oversight Board's last word on the issue. The Board didn't punt exactly--like many appeals courts, it sent it back for further consideration. 2/
Sep 28, 2020 • 9 tweets • 3 min read
I've now read Judge Nichols' opinion explaining the basis for his preliminary injunction last night against the TikTok Executive Order. Some comments. 1/ First, Judge Nichols has seen the government's secret evidence against TikTok--but he concludes this: "the specific evidence of the threat posed by Plaintiffs, as well as whether the prohibitions are the only effective way to address that threat, remains less substantial" 2/ Image
Sep 28, 2020 • 13 tweets • 4 min read
A few thoughts on TikTok's preliminary victory in U.S. court--which follows last weekend's similar WeChat victory. 1/ The Wednesday order by Judge Carl Nichols should have been read as a warning by the Government--he asked for either a brief defending the ban, or a postponement to November. He literally asked whether they wanted to concede to one of TikTok's requests. 2/
Sep 27, 2020 • 8 tweets • 2 min read
Just listened to preliminary injunction hearing in TikTok ban case. I am unable to predict how Judge Carl Nichols will rule before midnight tonight. 1/ One key question for Judge Nichols will be 50 U.S. Code § 1702(b), which precludes the regulation, directly or indirectly, personal communication or the importation of information. Both have significant First Amendment implications, of course. 2/
Sep 24, 2020 • 12 tweets • 3 min read
A few notes on the TikTok preliminary injunction to be heard today in the D.C. District Court by Judge Carl Nichols. 1/ TikTok originally filed a case in federal district court in L.A. a week or so ago, and, frankly weirdly, withdrew it, only to refile this week in D.C. Nice reporting by @wsj. 2/ wsj.com/articles/tikto…
Sep 20, 2020 • 7 tweets • 2 min read
Perhaps the TikTok/WeChat orders were designed to gin up anti-China fervor, a useful distraction from domestic calamities (inc'l a record GDP contraction), allowing the Trump Administration to point fingers at foreign villains, like it did with the "Chinese virus." By saying this, I do not excuse China's appalling human rights record, or continuing cyber-intrusions. But this extraordinary process on election eve was not designed to redress that--but rather used to both distract from domestic failures and to weaken a platform for critique.
Sep 19, 2020 • 4 tweets • 1 min read
My prediction based on watching this hearing: Federal court is about to enjoin the WeChat Executive Order going into effect at midnight on Sunday night. Govt sees the loss coming: We'd like the plaintiffs to post a bond--in case any harms come from alleged flow of data to China.
Sep 19, 2020 • 15 tweets • 2 min read
Judge Laurel Beeler seems initially receptive to WeChat Users Alliance's First Amendment argument in motion seeking a preliminary injunction against Trump executive order. Government is (remarkably) saying that there is only incidental effect on speech--that the EO targets B2B services to WeChat. Govt: if court concludes that this is more than incidental restriction, then simply a time-place-manner restriction.
Sep 18, 2020 • 5 tweets • 2 min read
My thoughts on the Commerce Department TikTok prohibitions -- various threads collected here. Why the Sept. 20/Nov. 12 distinction offered by the Commerce Dept makes clear that this is a shake down of ByteDance, trying to reduce its share ownership in TikTok Global--an app that may well come to rival Facebook or YouTube.
Sep 11, 2020 • 4 tweets • 2 min read
Pleased to speak with @CGTNOfficial, the Chinese global English language news service about the #TechTradeWar. A couple points about my appearance that may surprise some Americans: (1) there was no prior conversation with the producer (to, e.g., vet what I was going to say) 1/ Image (2) There was no effort to steer or in any way censor the conversation when I observed that China had previously banned certain apps from the U.S., but suggested that the U.S. should not borrow from the Chinese example to ban TikTok. 2/
Aug 21, 2020 • 4 tweets • 1 min read
This is a great piece--I've long argued for the regulation of globalization. (See The Electronic Silk Road available for free here scholarship.law.georgetown.edu/facpub/2297/) But I think this statement is hyperbole: "Europe is the only functioning regulator of Silicon Valley.” 1/ There is dysfunction that is shared across all regulators. The internet is global--regulatory failures can be charged to multiple regulators. 2/
Aug 18, 2020 • 10 tweets • 2 min read
As always, @superwuster has a powerfully written piece--this one arguing for Trump's #TikTokBan. Here's why I disagree. 1/ nytimes.com/2020/08/18/opi… He argues that China has played us for the sucker, banning our internet companies while their companies are freely operating in our markets. 2/
Aug 15, 2020 • 4 tweets • 1 min read
There's something odd about the CFIUS divestiture order of Bytedance's acquisition of Musical.ly--the acquisition replaced one Chinese owner with another (as I understand the reporting). 1/2 Perhaps the jurisdictional trigger might have been pulled--it was a foreign investment--but it is not clear that replacing one Chinese owner with another has material effect on nat'l security unless there is something different about new owner. 2/2
Aug 7, 2020 • 5 tweets • 1 min read
As @gwbstr has noted, the TikTok Trade War is distraction from Trump's domestic failures--160,104 dead and growing; economic disaster, including main street bankruptcies. But it's worse: it's jingoism. 1/ The anti-TikTok/WeChat/no-China communications actions a few months before the election seem designed to stoke fear of a foreign menace--now China. 2/
Aug 4, 2020 • 6 tweets • 2 min read
My op-ed in the @washingtonpost on President Trump's election eve threat to ban a speech platform popular with his critics, including the inimitable @sarahcpr and ticked-off teens. 1/
washingtonpost.com/opinions/2020/… Trump's actions must be understood in the context of earlier Chinese bans of Facebook and Twitter--which were precipitated by the Chinese government's inability to control those apps to remove its critics. Trump borrowed from the Chinese playbook. 2/
Jul 31, 2020 • 14 tweets • 3 min read
🧵A few thoughts on the legal basis, and some questions about process and precedent re likely #TikTok divestiture order. 1/ In 2018, Congress passed a statute called FIRRMA declaring that a foreign investment might pose a national security risk if it is “likely to expose sensitive data of U.S. citizens to exploitation by foreign persons and governments.” 2/
Jul 16, 2020 • 9 tweets • 3 min read
My final #SchremsII 🧵 for the day begins with the mystery: Why did GDPR find little traction in the US, when it largely swept much of the rest of the world, as @paulmschwartz has demonstrated? 1/ In our paper papers.ssrn.com/sol3/papers.cf…, @BillMcGev, @MargotKaminski and I offer two explanations: (1) 1st Amendment; and (2) Safe Harbor/Privacy Shield. 2/
Jul 16, 2020 • 6 tweets • 2 min read
Will companies simply turn to consent as the basis for cross-border data transfer? #SchremsII 1/ German government had suggested that the CJEU shouldn't hear the case because Max Schrems had possibly consented to data transfer to US. #SchremsII 2/ Image