Latest / Gil I Am / Quick Clips Tik Tok Ban Explained
Transcript
- 0:06Speaker 1: Federal Appeals Court panel is upholding a law that requires
- 0:10Speaker 1: TikTok to break its ties with its Chinese based parent
- 0:13Speaker 1: company byte Dance or be banned by mid January.
- 0:17Speaker 2: Well, the government for years now has been saying that
- 0:20Speaker 2: TikTok is a national security risk. Government is concerned that
- 0:23Speaker 2: TikTok has access to sensitive information people's viewing habits, large
- 0:28Speaker 2: swaths of data that the Chinese government could have access to.
- 0:32Speaker 2: They're afraid that the Chinese government can manipulate what people
- 0:35Speaker 2: are seeing on this app, and so they are basically
- 0:39Speaker 2: giving them an ultimatum. And today the judges, these three
- 0:43Speaker 2: panels of judge, this panel of three judges upheld about
- 0:46Speaker 2: lower court ruling, saying yes TikTok will either have to
- 0:50Speaker 2: divest itself, sell itself from its Chinese based parent company
- 0:53Speaker 2: byte Dance, or it will be banned from app stores
- 0:57Speaker 2: in the US.
- 0:59Speaker 3: Meantime, we haven't really talked a lot about the new
- 1:02Speaker 3: law in Australia that banned social media use for kids
- 1:05Speaker 3: under sixteen, I believe, but it is interesting the way
- 1:08Speaker 3: some policy around the world is coming to collision with
- 1:11Speaker 3: this industry.
- 1:13Speaker 4: Yeah, more and more criticism of the impact on teens
- 1:17Speaker 4: and kids. We see companies like Meta really work to
- 1:21Speaker 4: try to get ahead of this. They had their Instagram
- 1:23Speaker 4: for teens, they're trying to agegate that. And then you
- 1:26Speaker 4: have the fact that this Australia law really tries to
- 1:29Speaker 4: put the pressure on these social platforms themselves to deal
- 1:32Speaker 4: with that age gating, whereas companies like Meta would rather
- 1:36Speaker 4: have the likes of Apple or Google the app stores
- 1:39Speaker 4: be responsible for TikTok. A federal judge has refused to
- 1:43Speaker 4: block the law that says that TikTok has to be
- 1:45Speaker 4: divested by its parent company Chinese ByteDance by January nineteenth
- 1:50Speaker 4: or will be banned now. The judge had been asked
- 1:54Speaker 4: to review this and a rule on whether TikTok must
- 1:58Speaker 4: abide by the DOJ's ban to give them time to
- 2:01Speaker 4: appeal this. So this is a defeat for TikTok. We
- 2:04Speaker 4: do expect TikTok to appeal this up to the Supreme Court.
- 2:09Speaker 4: We have reached out to TikTok for comment, we have
- 2:11Speaker 4: not heard back yet. And of course Carl, there is
- 2:14Speaker 4: of course this wild card of what incoming President Donald
- 2:18Speaker 4: Trump will do because he's going to be inaugurated the
- 2:21Speaker 4: day after this ban is scheduled to go into effect.
- 2:24Speaker 3: Looking at some reaction out of shares of Meta, for example, Julia,
- 2:28Speaker 3: that's going to be another all time high up a
- 2:31Speaker 3: couple percent. There had been I think a school of thought,
- 2:34Speaker 3: and you could see it in some of the stocks
- 2:35Speaker 3: of social names in the last few days that maybe
- 2:38Speaker 3: this was in the offing.
- 2:41Speaker 5: Yeah.
- 2:41Speaker 4: I mean, look, when you look at the potential implications
- 2:44Speaker 4: for this, the companies that would benefit from the additional
- 2:47Speaker 4: eyeballs and AD dollars would be Meta, Snap and also YouTube.
- 2:51Speaker 4: Those are the companies that are really competing for those
- 2:53Speaker 4: social eye dollars, AD dollars and eyeballs. But there was
- 2:58Speaker 4: a sense that this was unlikely to happen because President
- 3:01Speaker 4: Trump had said that he did now oppose a ban,
- 3:04Speaker 4: despite the fact that when he was in office the
- 3:06Speaker 4: first time, he was advocating for a band. Federal judge
- 3:09Speaker 4: has refused to block the law that says that TikTok
- 3:12Speaker 4: has to be divested by its parent company, Chinese Byte
- 3:16Speaker 4: Edance by January nineteenth or will be banned. And of course, Carl,
- 3:21Speaker 4: there is of course this wildcard of what incoming President
- 3:25Speaker 4: Donald Trump will do because He's going to be inaugurated
- 3:28Speaker 4: the day after this ban is scheduled to go into effect.
- 3:31Speaker 4: So a lot of questions here about what will happen next.
- 3:33Speaker 4: What we do, in fact, expect TikTok to appeal this
- 3:38Speaker 4: decision by the judge to refuse to block this law
- 3:41Speaker 4: that would call for a ban or divestiture of TikTok. Yeah,
- 3:46Speaker 4: I mean, look, when you look at the potential implications
- 3:49Speaker 4: for this, the companies that would benefit from the additional
- 3:52Speaker 4: eyeballs and AD dollars would be Meta, Snap and also YouTube.
- 3:56Speaker 4: Those are the companies that are really competing for those
- 3:58Speaker 4: social eye dollars, AD dollars and eyeballs. But there was
- 4:03Speaker 4: a sense that this was unlikely to happen because President
- 4:06Speaker 4: Trump had said that he did now oppose a ban,
- 4:09Speaker 4: despite the fact that when he was in office the
- 4:11Speaker 4: first time, he was advocating for a band.
- 4:14Speaker 6: So even though this.
- 4:15Speaker 4: Judge has ruled the way that he has, there are
- 4:18Speaker 4: still various options here for President Trump to say that,
- 4:22Speaker 4: in fact, TikTok isn't compliance with the law, and then
- 4:25Speaker 4: we'll also see what the Supreme Court says. They could
- 4:28Speaker 4: either opt to allow TikTok to continue operating while the
- 4:31Speaker 4: litigation proceeds, or the Supreme Court could actually just rule
- 4:35Speaker 4: on this before January nineteen. If you're thirteen years old
- 4:38Speaker 4: or fourteen years old, you don't have an ID, you
- 4:41Speaker 4: don't maybe want facial recognition used to figure out how
- 4:44Speaker 4: old a kid is. So a complex issue. And then
- 4:47Speaker 4: of course you have some states here in the US
- 4:49Speaker 4: that are also raising the issue of trying to limit
- 4:53Speaker 4: access to social media platforms by teens, and that's something
- 4:57Speaker 4: that if there's a patchwork of of these laws across
- 5:01Speaker 4: the country, would be challenging for a meta or say
- 5:04Speaker 4: a snap to manage.
- 5:06Speaker 7: Right.
- 5:06Speaker 3: Thinking back to Benioff's comparison to social media and tobacco,
- 5:10Speaker 3: and it's interesting to see how the regulatory structure is
- 5:12Speaker 3: beginning to treat it like some kind of addictive substance.
- 5:15Speaker 4: They could either opt to allow TikTok to continue operating
- 5:19Speaker 4: while the litigation proceeds, or the Supreme Court could actually
- 5:22Speaker 4: just rule on this before January nineteen.
- 5:27Speaker 3: Meantime, we haven't really talked a lot about the new
- 5:29Speaker 3: law in Australia that banned social media use for kids
- 5:33Speaker 3: under sixteen, I believe, but it is interesting the way
- 5:36Speaker 3: some policy around the world is coming to collision with
- 5:38Speaker 3: this industry.
- 5:39Speaker 7: At TikTok, which sued the government over the law in
- 5:41Speaker 7: May so a month later, has long denied it could
- 5:45Speaker 7: be used by Beijing to spy or manipulate on Americans.
- 5:49Speaker 7: Its attorneys have accurately pointed out that the US has
- 5:52Speaker 7: not provided evidence to show that the company handed over
- 5:56Speaker 7: user data to the Chinese government or manipulated content or
- 6:00Speaker 7: Beijing's benefit in the US. They have also argued the
- 6:04Speaker 7: law is predicated on future risks, which the Department of
- 6:07Speaker 7: Justice has emphasized, pointing in part to unspecified action that
- 6:12Speaker 7: it claims the two companies have taken in the past
- 6:15Speaker 7: due to demands from the Chinese government. They added, quote here,
- 6:19Speaker 7: the government acted solely to protect that freedom from a
- 6:22Speaker 7: foreign adversary nation and to limit that adversary's ability to
- 6:27Speaker 7: gather data on people in the United States. TikTok and
- 6:31Speaker 7: by Dance, another plaintiff in the lawsuit, expected to appeal
- 6:34Speaker 7: to the Supreme Court. In the meantime. President elect Donald Trump,
- 6:38Speaker 7: who tried to ban TikTok during his first term and
- 6:41Speaker 7: whose Justice Department would have to enforce the law, said
- 6:45Speaker 7: during the presidential campaign that he is now against a
- 6:48Speaker 7: TikTok ban and would work to quote unquote save the
- 6:51Speaker 7: social media platform. The law signed by President Biden back
- 6:55Speaker 7: in April culminated a year's long saga in Washington over
- 7:00Speaker 7: the short term video sharing app, which the government sees
- 7:03Speaker 7: as a national security threat due to its connections to China. Again,
- 7:07Speaker 7: the federal Appeals Court panel upholding a law that could
- 7:11Speaker 7: lead to a ban on TikTok in just a few
- 7:14Speaker 7: short months in the US, handing a defeat to the
- 7:17Speaker 7: popular social media platform as it fights for survival in
- 7:22Speaker 7: the US. Will keep you updated as it is likely
- 7:24Speaker 7: we could potentially see the Supreme Court take up this
- 7:27Speaker 7: case in the coming months.
- 7:30Speaker 5: Hey Shannon, So, TikTok's main argument in fighting against this
- 7:34Speaker 5: law that Congress passed and that the DOJ was defending
- 7:37Speaker 5: in court that would either force the company to divest
- 7:42Speaker 5: to a US based company or a company that's not
- 7:44Speaker 5: based in China, or face a potential ban. TikTok's argument
- 7:49Speaker 5: was that this is an upfront on Americans First Amendment rights,
- 7:52Speaker 5: their free speech rights because so many Americans use this app.
- 7:57Speaker 5: But today the Court of Appeals that TikTok was appealing
- 8:01Speaker 5: this law too, decided that it's okay for this law
- 8:06Speaker 5: to remain in place. That in fact, on January nineteenth,
- 8:10Speaker 5: twenty twenty five, it's quite possible that the wheels could
- 8:14Speaker 5: start turning to force TikTok to either sell to a
- 8:18Speaker 5: US or other friendly country based company or potentially face
- 8:22Speaker 5: a ban in the United States. So it's upheld for now.
- 8:26Speaker 8: It's not the end of the conversation. But over at
- 8:28Speaker 8: Bloomberg Intelligence there at Matthew Shettleman seen a seventy percent
- 8:31Speaker 8: chance that TikTok loses the DC Circuit ruling moving forward
- 8:35Speaker 8: here with the likelihood that the company is going to
- 8:37Speaker 8: make a last ditch plea to the Supreme Court to
- 8:40Speaker 8: pause that January nineteenth deadline. Dan, thanks so much for
- 8:43Speaker 8: joining us here. We appreciate it. We're going to talk
- 8:45Speaker 8: about the market reaction to this news again, TikTok facing
- 8:48Speaker 8: that ban in the United States here after appeals court
- 8:52Speaker 8: blocking refusing to block a law on this And it's
- 8:56Speaker 8: really interesting because the Magnificent seven stocks, they've already been
- 8:58Speaker 8: up about sixty five percent year to date. We've seen
- 9:01Speaker 8: a four percent rally. I believe over the last couple
- 9:03Speaker 8: of days, already hitting a fresh record yesterday, and then
- 9:07Speaker 8: you've got this news on top of it, adding to
- 9:09Speaker 8: a bit of that rally. The likes of Nvidia actually
- 9:12Speaker 8: down right now, but every other name in the Mag
- 9:13Speaker 8: seven moving to the upside, especially those that are beneficiaries
- 9:17Speaker 8: of this potential band. We're going to talk about the
- 9:18Speaker 8: market reaction to this news that we've seen a four
- 9:21Speaker 8: percent rally I believe over the last couple of days,
- 9:23Speaker 8: already hitting a fresh record yesterday, and then you've got
- 9:27Speaker 8: this news on top of it, adding to a bit
- 9:30Speaker 8: of that rally. The likes of Nvidia actually down right now,
- 9:32Speaker 8: but every other name in the Mag seven moving to
- 9:34Speaker 8: the upside, especially those that are beneficiaries of this potential band.
- 9:38Speaker 6: Yeah, and we talked to so many strategists even this
- 9:39Speaker 6: morning talking about how critical it is protective retain and
- 9:43Speaker 6: maintain it's momentum here going forward into twenty twenty five
- 9:46Speaker 6: if we want to continue to see this risk on
- 9:48Speaker 6: the sentiment that we certainly have seen in the market,
- 9:50Speaker 6: to say the least over the last of several months
- 9:53Speaker 6: and several years. So again, when you see you're ruling
- 9:55Speaker 6: like this obviously lots of questions just about what exactly
- 9:58Speaker 6: this is going to mean here, the fact that talk
- 10:00Speaker 6: now facing that usban after the appeals Core did refuse
- 10:03Speaker 6: to block the law. Questions about whether or not it's
- 10:06Speaker 6: going to be or I guess how strictly it will
- 10:09Speaker 6: be enforced, is a better way to put that here.
- 10:11Speaker 6: Under the incoming Trump administration.
- 10:12Speaker 9: They've done a very good job of that with their reels.
- 10:17Speaker 9: They regularly talk about reels during their earnings calls. They
- 10:21Speaker 9: regularly talk about how AI is enhancing that. That's the
- 10:25Speaker 9: meat and potatoes of TikTok, right, It's the algorithm that
- 10:28Speaker 9: keeps feeding you those short form videos. And so Meta's
- 10:32Speaker 9: done essentially what it did to Snap and others by
- 10:37Speaker 9: kind of copying that whole format and done it very well.
- 10:40Speaker 9: And so they've seen improvements there. Without TikTok, you can
- 10:44Speaker 9: only imagine that creators are either going to go to
- 10:46Speaker 9: Meta and work on Instagram and reels and bring their
- 10:51Speaker 9: followings along with them, or they would move to something
- 10:55Speaker 9: like YouTube and work with YouTube shorts, something along those lines.
- 10:58Speaker 9: So this is would be a huge boon for Meta itself.
- 11:03Speaker 6: If we want to continue to see this risk on
- 11:05Speaker 6: the sentiment that we certainly have seen in the market,
- 11:07Speaker 6: to say the least over the last several months and
- 11:09Speaker 6: several years. So again, when you see a ruling like this,
- 11:12Speaker 6: obviously lots of questions just about what exactly this is
- 11:15Speaker 6: going to mean here, the fact that TikTok now facing
- 11:17Speaker 6: that US ban after the appeals court did refuse to
- 11:20Speaker 6: block the law, questions about whether or not it's going
- 11:23Speaker 6: to be or I guess how strictly it will be
- 11:25Speaker 6: enforced is a better way to put that here under
- 11:27Speaker 6: the incoming Trump administration. But again, when you see some
- 11:30Speaker 6: of that excitement playing out on the street here this
- 11:33Speaker 6: morning across some of those megacap tech names, given the
- 11:36Speaker 6: size of it, given their influence that they do have
- 11:39Speaker 6: on the market, given the massive run that we have
- 11:41Speaker 6: seen over the last couple of years, it does point
- 11:44Speaker 6: just in terms of that or adds to the overall
- 11:46Speaker 6: bullish sentiment that we have been hearing from strategis entering
- 11:50Speaker 6: the new year. And I think kind of ups the
- 11:51Speaker 6: chances or ups the confidence I should say, just that
- 11:54Speaker 6: we could see more highs or more that movement to
- 11:57Speaker 6: the upside here in the and I think the incoming
- 11:59Speaker 6: Trump administry, like you were just saying, Maddie, is the
- 12:01Speaker 6: real question mark in the room right now, because this
- 12:03Speaker 6: band will go in effect the day before Trump assumes office.
- 12:06Speaker 6: But then, of course, his opposition to this band kind
- 12:09Speaker 6: of puts many of these questions back on the table
- 12:11Speaker 6: just exactly how his application opposition, excuse me, could potentially
- 12:16Speaker 6: complicate this measure and the enforcement that we could see
- 12:20Speaker 6: going forward. We know, like you were just saying, he
- 12:22Speaker 6: did flip after one of the top donors there, investor
- 12:25Speaker 6: in TikTok, also was trying to court some of those
- 12:27Speaker 6: younger voters.
- 12:28Speaker 8: He did support a TikTok ban due to national security challenges,
- 12:32Speaker 8: but one of his biggest donors, jeff yass is a
- 12:34Speaker 8: TikTok investor, following a meeting that the two had in
- 12:37Speaker 8: mar A Lago. We did see Trump changing his mind
- 12:40Speaker 8: on a TikTok ban. That's currently unclear what he'll be
- 12:43Speaker 8: able to do to kind of change the political appetite
- 12:46Speaker 8: for this band moving forward, because this has had significant
- 12:49Speaker 8: bipartisan supporting Congress, and of course we do have this
- 12:52Speaker 8: news crossing the wire now, TikTok facing that ban in
- 12:55Speaker 8: the United States. The appeals court refusing.
- 12:57Speaker 9: To block that lot. I think TikTok will continue to
- 13:00Speaker 9: try to argue the First Amendment side of things. But
- 13:03Speaker 9: as far as the broader tech industry, I mean, you're
- 13:05Speaker 9: talking about the numbers for the company's Meta Snap Amazon.
- 13:10Speaker 9: This kind of just benefits them so much. You know,
- 13:14Speaker 9: Meta has been fighting to make Instagram more relevant with
- 13:20Speaker 9: younger users who are on TikTok. Without TikTok, you can
- 13:22Speaker 9: only imagine that creators are either going to go to
- 13:25Speaker 9: Meta and work on Instagram and reels and bring their
- 13:30Speaker 9: followings along with them, or they would move to something
- 13:33Speaker 9: like YouTube and work with YouTube shorts, something along those lines.
- 13:36Speaker 8: The TikTok ban was upheld by an appeals court here
- 13:40Speaker 8: in the United States. TikTok's Chinese parent company facing a
- 13:43Speaker 8: ban in the US if it does not meet a
- 13:45Speaker 8: January nineteenth deadline to sell the video sharing app. This
- 13:49Speaker 8: is part of a federal appeals court ruling coming through
- 13:52Speaker 8: here on Friday. The company likely to issue another appeal
- 13:56Speaker 8: here or they do have until January to divest or
- 13:59Speaker 8: get banned from in the United States.
- 14:01Speaker 9: Then there's obviously Snap, a app that's more popular with
- 14:05Speaker 9: younger users, though, I mean it doesn't really make the
- 14:08Speaker 9: waves that it did when it originally came out. That
- 14:11Speaker 9: could also see a jump just because of the kids
- 14:15Speaker 9: looking for a place to go that you know their
- 14:18Speaker 9: uncles or whatever aren't hanging out on. And then you know,
- 14:22Speaker 9: there's the idea of the e commerce side, as you
- 14:24Speaker 9: talked about with Amazon.