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“Entirely performative” — TikTokbanned or not, its probably here to stay, an Ars Frontiers 2023 recap Experts discussed the legal impossibility of a nationwide TikTok ban.

Ashley Belanger – May 26, 2023 1:20 pm UTC Enlarge / On May 22, Ashley Belanger (top left) moderated a panel featuring Ioana Literat (bottom left), Bryan Cunningham (top right), and Corynne McSherry (bottom right) for the Ars Frontiers 2023 session titled, “TikTokBanned or Not, It’s Probably Here to Stay.” reader comments 12 with

Ars Frontiers kicked off Monday with a panel called “TikTokBanned or Not, It’s Probably Here to Stay,” featuring experts on TikTok, data privacy, and cybersecurity.

It just so happened that the week before Ars Frontiers, TikTok was banned in Montana. This made the panel discussion particularly timely, as some TikTok creators and TikTok promptly sued the state, hoping to ensure that all Americans maintain access to the China-owned appdespite lawmakers’ national security concerns that the Chinese Communist Party (CCP) might use TikTok to access US user data. Ars Frontiers 2023: “TikTokBanned or Not, It’s Probably Here to Stay.”

An associate professor in the communication media and learning technologies design program at Teachers College, Columbia University, Ioana Literat monitors how young people use social media. She has been researching TikTok since it first became available in the US. Banning TikTok at the “apex of its popularity,” Literat said, would set “a huge cultural and political precedent” for TikTok’s young user base, which is so politically active on the app.

“The government hasn’t really shown a compelling justification for the ban,” Literat said. “If you’re going to restrict freedom of speech in this way, you really need to make a very clear and potent case for the need for the ban” and really prove that “there’s no better alternatives to this ban.” Advertisement

Beyond rationales for a ban not being compelling, legal director at the Electronic Frontier Foundation Corynne McSherry said that state and federal pushes to ban TikTok were “entirely performative and a complete waste of time.” Her organization advocates for more comprehensive data privacy laws, rather than a TikTok ban.

Discussing the various First Amendment concerns that banning TikTok would cause, she agreed with Literat that “the government really hasn’t made much of an effort to get beyond rhetoric in terms of what we should really be worried about.”

“Perhaps you can hear in my voice, I’m a little frustrated about this,” McSherry said. “If we actually care about data privacy, which I think we shouldI think that’s really importantwhat we really need is comprehensive federal legislation that doesn’t just target one particular app, but actually really protects all of us by targeting all of the different ways in which companies are surveilling us all the time.”

Bryan Cunningham, a former White House lawyer and CPRI executive director at UCI Cybersecurity Policy & Research Institute, predicted that “Congress and the president will try to ban TikTok,” and “it’ll be a complete failure,” partly because “it’s not enforceable.”

“I don’t know how you think you’re gonna get the app off of tens of millions” of people’s phones, Cunningham said. “Are we gonna have border checkpoints where they look at your phone and see if the app is on there?” He said his young daughters would drive to Canada to put TikTok on their phones if they had to, and McSherry pointed out that many users would simply use a VPN service to access the app and skirt the ban. Advertisement

Cunningham said that in his view, concerns about the CCP using TikTok to spy on Americans were “very real,” but “there’s better ways to address them” than a ban. He agreed with McSherry that better data privacy laws would help to limit surveillance.

And TikTokers might even be totally onboard with going that route, Literat said. Her research shows that while young people using TikTok don’t seem to take the threat of a ban seriouslyand joked relentlessly about non-tech-savvy Congress members grilling TikTok CEO Shou Zi Chewthey are genuinely concerned about data privacy on social media.

McSherry said that in the past two years, she’s seen lawmakers get more serious about passing data privacy laws that would be “a non-performative way to actually help the citizenry” avoid tech company surveillance.

From the national security standpoint, Cunningham said that the threat goes beyond data privacy, though, and also raises concerns about the CCP manipulating TikTok’s algorithm to sow disinformation, restrict content, or push propaganda. To solve that problem, he recommended what he called a little-discussed alternative to the ban: imposing economic sanctions on TikTok owner ByteDance.

“Congress could give the president the authority, if he doesn’t have it, to impose economic sanctions on ByteDance,” Cunningham said.

Ars Frontiers is all about innovation, and both McSherry and Cunningham pointed out that new apps could emerge to replace TikTok at any point. This is one reason why focusing policy on one app seems extremely short-sighted. But for approximately 150 million Americans on TikTok today, Literat suggested that, at least for now, TikTok appears irreplaceable.

TikTok “has cemented this rolein our cultural imagination,” Literat said.”And it does have thatrole in young people’s lives,and I think it’s gonna bereally hard for a platformto just supplant that.That takes time.And, of course, users careabout where their friends are,where their peers are, and right now,they are on TikTok. So it would have to bea pretty mass migration,and I don’t see that happening yet to other platforms.” reader comments 12 with Ashley Belanger Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience. Advertisement Channel Ars Technica ← Previous story Next story → Related Stories Today on Ars

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Red Wall MPs should focus on two-child benefit cap rather than winter fuel, Harriet Harman says

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Red Wall MPs should focus on two-child benefit cap rather than winter fuel, Harriet Harman says

Red Wall MPs should push for the two-child benefit cap to be lifted rather than a reversal of the winter fuel payment policy, Baroness Harriet Harman has said.

Baroness Harman, the former Labour Party chair, told Sky’s Electoral Dysfunction podcast that this would hand the group a “progressive win” rather than simply “protesting and annoying Sir Keir Starmer” over winter fuel.

Earlier this week, a number of MPs in the Red Wall – Labour’s traditional heartlands in the north of England – reposted a statement on social media in which they said the leadership’s response to the local elections had “fallen on deaf ears”.

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They singled out the cut to the winter fuel allowance as an issue that was raised on the doorstep and urged the government to rethink the policy, arguing doing so “isn’t weak, it takes us to a position of strength”.

Labour’s decision to means test the policy has snatched the benefit away from millions of pensioners.

But Baroness Harman said a better target for the group could be an overhaul of George Osborne’s two-child benefit cap.

More on Harriet Harman

The cap, announced in 2015 as part of Lord David Cameron’s austerity measures, means while parents can claim child tax credit or Universal Credit payments for their first and second child, they can’t make claims for any further children they have.

Labour faced pressure to remove the cap in the early months of government, with ministers suggesting in February that they were considering relaxing the limit.

Baroness Harman told Beth Rigby that this could be a sensible pressure point for Red Wall MPs to target.

She said: “It could be that they have a kind of progressive win, and it might not be a bad thing to do in the context of an overall strategy on child poverty.

“Let’s see whether instead of just protesting and annoying Sir Keir Starmer, they can build a bridge to a new progressive set of policies.”

Jo White, the Labour MP for Bassetlaw and a member of the Red Wall group, suggested that her party’s “connection” to a core group of voters “died” with the decision to means test the winter fuel payment for pensioners.

“We need to reset the government,” she told Electoral Dysfunction. “The biggest way to do that is by tackling issues such as winter fuel payments.

“I think we should raise the thresholds so that people perhaps who are paying a higher level of tax are the only people who are exempt from getting it.”

Pic: AP
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A group of MPs in the Red Wall, thought to number about 40, met on Tuesday night following the fallout of local election results in England, which saw Labour lose the Runcorn by-election and control of Doncaster Council to Reform UK.

Following the results, Sir Keir said “we must deliver that change even more quickly – we must go even further”.

Some Labour MPs believe it amounted to ignoring voters’ concerns.

Read more:
UK and US trade deal will save thousands of UK jobs – Starmer
Starmer faces rebellion from Labour MPs over welfare reforms

One of the MPs who was present at the meeting told Sky News there was “lots of anger at the government’s response to the results”.

“People acknowledged the winter fuel allowance was the main issue for us on the doorstep,” they said.

“There is a lack of vision from this government.”

Another added: “Everyone was furious.”

Downing Street has ruled out a U-turn on means testing the winter fuel payment, following newspaper reports earlier this week that one might be on the cards.

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Can a trade deal with Trump save Starmer?

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Can a trade deal with Trump save Starmer?

👉 Click here to listen to Electoral Dysfunction on your podcast app 👈

With Ruth away, Beth and Harriet are joined by Salma Shah, a former Conservative special adviser from 2014-2018 and now a political commentator.

They unpack Donald Trump’s surprise UK trade deal announcement and what it means for Sir Keir Starmer, who’s also landed a deal with India and is gearing up for key EU negotiations.

But while the global optics look strong, the domestic mood is tense. Harriet has some advice for the Labour backbenchers who are unhappy over welfare cuts and the winter fuel allowance policy.

Also – does Sir Keir need a hand with his comms?

Come and join us live on Tuesday 20 May at Cadogan Hall in London, tickets available now: https://www.aegpresents.co.uk/event/electoral-dysfunction-live/

Remember you can also watch us on YouTube!

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Pope Leo to lead first holy mass in Sistine Chapel after paying surprise visit

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Pope Leo to lead first holy mass in Sistine Chapel after paying surprise visit

Pope Leo will lead his first holy mass as pontiff this morning – after already paying a surprise visit to see staff at his former residence.

Robert Prevost’s life changed forever on Thursday when he went from being one of 252 cardinals to the first-ever American pope.

His was chosen after just four rounds of voting in the Sistine Chapel – a conclave that lasted just 25 hours.

New pope unveiled to the world – as it happened

The 69-year-old Chicago-born cardinal was not seen as a frontrunner but quickly secured the required two-thirds majority.

There was jubilation in St Peter’s Square when white smoke emerged and about an hour later the Pope’s identity was revealed when he stepped onto the balcony.

The choice of Leo is the first time the name has been used since Leo XII – the pope from 1878 to 1903.

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Moment new pope emerges on balcony

Faithful react to the announcement that U.S. Cardinal Robert Prevost has been elected by the conclave as new pope, with the name Pope Leo XIV, at the Vatican, May 8, 2025. REUTERS/Eloisa Lopez     TPX IMAGES OF THE DAY
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People celebrated the new pope’s announcement in St Peter’s Square. Pic: Reuters

Sky News understands one of the first things the Pope did was greet staff at his former residence, Sant’Uffizio Palace, just outside the Vatican.

All eyes will now be on his first mass, when he and other cardinals return to the Sistine Chapel around 10am.

Pope Leo’s first words as leader of 1.4 billion Catholics on Thursday evening were “may peace be with all of you”.

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Conclave: How the last 48 hours unfolded

His balcony speech also paid tribute to his predecessor – who only made him cardinal two years ago and brought him from Peru for a senior Vatican role.

“The pope that blessed Rome gave his blessing to the whole world on that Easter morning. So let us follow up that blessing,” said Leo.

He also called for a “church that builds bridges” and is “able to receive everybody that needs our charity, our presence, dialogue and love”.

Read more:
Who is the new Pope?
What does the Pope’s name mean?
The Pope vs his predecessors

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Trump comments on first US pope

There has long been a taboo against a US pope – given the influence the country already has – but Leo was promoted as a “compromise candidate” ahead of conclave.

His many years as a missionary in Peru are also believed to have given him more universal appeal, especially among the cardinals from Central and South America.

President Donald Trump told reporters having an American in the role for the first time was a “great honour” – and Time magazine has already revealed its cover celebrating the moment.

However, the Pope appears to have taken issue with some of the Trump administration’s views and policies.

His X account posted a link in February to an article criticising comments by the vice president entitled: “JD Vance is wrong: Jesus doesn’t ask us to rank our love for others”.

In April, when President Trump met El Salvador’s leader about using a notorious prison for suspected US gang members, he shared another post stating: “Do you not see the suffering? Is your conscience not disturbed? How can you stay quiet?”

‘Pope played Wordle before conclave’

With many now waiting on the Pope’s next public comments, his brothers have revealed their surprise when they saw him emerge in the white robes on TV.

Eldest brother Louis Prevost told Sky’s US partner NBC News it was “mindblowing”.

“When the cardinal came out and started to read his name, as soon as he went “raw” I knew he was gonna say ‘Roberto’ – and he did – and I just freaked out.”

Mr Prevost added: “We’ve kind of known he was special, and we used to tease him about being pope when he was six years old and stuff.”

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The Pope’s other brother said he had been in contact with him before conclave and joked about watching the hit film of the same name.

“I said did you watch the movie Conclave so you know how to behave,” John Prevost told NBC News.

“And he had just finished watching the movie so knew how to behave; so it’s that kind of stuff because I wanted to take his mind off of it – because this is now an awesome responsibility.”

He also revealed the brothers had played online puzzles Wordle and Words with Friends to take the Pope’s mind off things in the run-up to the election.

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