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‘Your argument just confuses me’: judge questions Montana TikTok ban
(www.theguardian.com)
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this post was submitted on 13 Oct 2023
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Since what OP pasted doesn't actually say what the judge was confused by, and it's rightfully a confusing argument.
I’m NOT saying I disagree with the conclusion, but the judge’s reasoning would negate all sorts of consumer protections as paternalistic. You agreed to join Facebook, so you “voluntarily” allow them to track you, manipulate you, and sell your information without any limits. It’s a kind of deeply libertarian argument, just like how you “voluntarily” agreed to work a job, so why would you get worker protections? If you don’t like it, just quit!
Some “paternalistic” laws function under the reasoning that markets don’t always work. Not all consent is informed. Not all choices have sufficient alternatives that allow consumers to choose otherwise. Busy consumers may not have the information or energy to understand all the ways corporations abuse their power.
Well yeah, the ruling would effect all places that take your data then, not just tiktok.
The law only specified apps that share data with foreign governments (as a way to target TikTok by it's China links) so the ruling would not go beyond that. The judge could rule the law is invalid, but could not expand it to include domestic companies. That would be up to the legislature.