Can the U.S. Government Sanction TikTok Like It Is Iran’s Nuclear Program?
Joe Swain This Essay addresses the legality of the Trump administration’s TikTok app store ban. The ban restricted individual or corporate transactions with TikTok in the United States, effectively banning its continued use in the country by restricting its access to revenue. This Essay analyzes the application of the International Emergency Economic Powers Act (IEEPA) to the Trump administration’s actions and explores the resulting case which was decided by the D.C. Circuit. Although the United States District Court for the District of Columbia ruled that the IEEPA is restricted from applying to the Chinese platform, it incorrectly interpreted the meaning...
The Legal Lag Behind Emerging Technology: Aereo – Innovation or Exploit?
Ruchir Patel Aereo allowed users to stream and record broadcast television to any laptop or mobile device. Shortly after Aereo was announced, broadcasters filed for an injunction claiming Aereo was in fact a cable company, and as such needed to pay retransmission fees. The heart of broadcasters’ argument focused on the definition of “performance” and “to the public” under the Transmit Clause of the Copyright Act, 17 U.S. Code section 101. Aereo contested, stating that its service was acceptable both legally and technically because it simply provided users an alternative means to access free, over-the-air broadcasts. Much of Aereo’s legal...