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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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Wisconsin sues Miami for tampering with transfer

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Wisconsin sues Miami for tampering with transfer

The University of Wisconsin filed a lawsuit Friday claiming Miami’s football team broke the law by tampering with a Badgers player, a first-of-its-kind legal attempt to enforce the terms of a financial contract between a football player and his school.

The lawsuit refers to the athlete in question as “Student Athlete A,” but details from the complaint line up with the offseason transfer of freshman defensive back Xavier Lucas. Lucas left Wisconsin and enrolled at Miami in January after saying the Badgers staff refused to enter his name in the transfer portal last December.

In the complaint filed Friday, Wisconsin claims that a Miami staff member and a prominent alumnus met with Lucas and his family at a relative’s home in Florida and offered him money to transfer shortly after Lucas signed a two-year contract last December. The lawsuit states that Miami committed tortious interference by knowingly compelling a player to break the terms of his deal with the Badgers.

“While we reluctantly bring this case, we stand by our position that respecting and enforcing contractual obligations is essential to maintaining a level playing field,” the school said in a statement provided to ESPN on Friday.

According to the complaint, Wisconsin decided to file suit in hopes that “during this watershed time for college athletics, this case will advance the overall integrity of the game by holding programs legally accountable when they wrongfully interfere with contractual commitments.”

Representatives from the University of Miami did not immediately respond to a request for comment.

The pending case promises to be an interesting test of whether schools can use name, image and likeness (NIL) deals to keep athletes from transferring even though the players aren’t technically employees. Starting July 1, schools will begin paying their athletes directly via NIL deals.

The contracts between Wisconsin and their athletes give the school the nonexclusive rights to use a player’s NIL in promotions. Part of the deal, according to the lawsuit, prohibits an athlete from making any commitments to enroll or play sports at other schools. The lawsuit says Wisconsin had a reasonable expectation that Lucas would “continue to participate as a member of its football program” until the deal ended.

However, according to several contracts between Big Ten schools and their players that ESPN has previously reviewed, these deals explicitly state that athletes are not being paid to play football for the university. Since the school is technically paying only to use the player’s NIL rights, it’s not clear if a judge will consider it fair to enforce a part of the contract that dictates where the player attends school.

The Big Ten said in a statement Friday that it supports Wisconsin’s decision to file the lawsuit and that Miami’s alleged actions “are irreconcilable with a sustainable college sports framework.”

Darren Heitner, a Florida-based attorney who represents Xavier Lucas, told ESPN that Wisconsin did not file any legal claims against Lucas and declined to comment further.

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Four-star QB Bentley commits to Oklahoma

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Four-star QB Bentley commits to Oklahoma

Four-star quarterback Bowe Bentley, No. 261 in the 2026 ESPN 300, announced his commitment to Oklahoma over LSU on Friday, landing with the Sooners less than 24 hours after longtime quarterback pledge Jaden O’Neal pulled his commitment from the program Thursday night.

Bentley, a 6-foot-1, 205-pound prospect from Celina, Texas, is ESPN’s No. 6 dual-threat passer in 2026. His recruitment skyrocketed earlier this year after Bentley broke out for 4,263 all-purpose yards and 63 total touchdowns last fall while leading Celina High School to a Class 4A Texas state title in his junior season. Bentley, who took official visits to Oklahoma and LSU earlier this month, told ESPN this week that the offensive vision of first-year Sooners offensive coordinator Ben Arbuckle was among his primary draws to the program.

“Going into depth on the offense with Arbuckle was huge,” Bentley said. “It’s not just what he’s done this spring, but what Coach Arbuckle has done at Washington State and Western Kentucky. I got a strong understanding of where he got this offense from and how he approaches calling it.”

For Oklahoma, Bentley’s commitment marks the close of a drawn out recruiting process that began after the Sooners shifted their 2026 quarterback plan after Arbuckle arrived from Washington State in December in the wake of the Sooners’ disastrous SEC debut last fall.

O’Neal, ESPN’s No. 7 pocket passer, had spent nearly 12 months as the top prospect in the program’s incoming class prior to his decommitment. A frequent visitor on campus over the past year, he relocated from Southern California to Oklahoma’s Mustang High School this spring, where O’Neal will play his senior season roughly 30 miles north of the Sooners’ team facility.

But multiple sources tell ESPN that the relationship between O’Neal and Oklahoma became strained in the early months of 2025 after the Sooners shifted their focus to landing a 2026 quarterback with a similar skill set to John Mateer, the dual-threat transfer who followed Arbuckle to Oklahoma after exploding for 44 touchdowns last fall.

Bentley — who threw for 3,330 yards and rushed for another 933 yards in 2024 — fits that mold, and the Sooners made the fast-rising prospect a top priority this spring before ultimately landing his pledge Friday.

Bentley joins four-star wide receiver Daniel Odom (No. 242 overall) as one of two ESPN 300 prospects in the 2026 class. Behind Mateer, who will be eligible for the NFL draft after the 2025 season, Oklahoma’s current quarterback depth includes second-year passer Michael Hawkins Jr. and three-star 2025 signee Jett Niu.

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Batteries are so cheap now, solar power doesn’t sleep

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Batteries are so cheap now, solar power doesn’t sleep

A new report from global energy think tank Ember says batteries have officially hit the price point that lets solar power deliver affordable electricity almost every hour of the year in the sunniest parts of the world.

The study looked at hourly solar data from 12 cities and found that in sun-soaked places like Las Vegas, you could pair 6 gigawatts (GW) of solar panels with 17 gigawatt-hours (GWh) of batteries and get a steady 1 GW of power nearly 24/7. The cost? Just $104 per megawatt-hour (MWh) based on average global prices for solar and batteries in 2024. That’s a 22% drop in a year and cheaper than new coal ($118/MWh) and nuclear ($182/MWh) in many regions.

Ember calls it “24/365 solar generation,” and it’s not just a theoretical model. Cities like Muscat, Oman, and Las Vegas can hit that steady power mark for up to 99% of the hours in a year. Hyderabad, Madrid, and Buenos Aires can reach 80–95% of the way there using that same solar-plus-storage setup with some cloud cover. And even cloudier cities like Birmingham in the UK can cover about 62% of hours annually.

“This is a turning point in the clean energy transition,” said Kostantsa Rangelova, global electricity analyst at Ember. “Around-the-clock solar is no longer a distant dream; it’s an economic reality of the world. It unlocks game-changing opportunities for energy-hungry industries like data centres and manufacturing.”

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This is an enormous opportunity for sunny regions in Africa and Latin America. Manufacturers and data centers could also tap into solar-plus-storage and skip long waits (and big bills) for new grid connections.

It’s not a silver bullet for grid-wide reliability, but it lets solar carry much more of the load, especially where sunshine is abundant. Batteries also help avoid costly grid expansions by allowing up to five times more solar to plug into existing connections.

In 2024 alone, global battery prices dropped 40%, which helped drive down solar-plus-storage costs by 22%. Record-low tenders from countries like Saudi Arabia point to even cheaper options coming soon.

Real-world projects are already online: The UAE built the world’s first gigawatt-scale 24-hour solar facility. Arizona is already home to solar-powered data centers. And as battery tech keeps improving, round-the-clock solar could become the backbone of clean energy systems in the world’s sunniest places.

Read more: This solar canopy cools wastewater and powers a city utility


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