Dan Epps

And Justice Sotomayor would have rights of concurrence, in part concurrence in the judgment where she says she joins everything except for the part we just talked about. She would have just said yes for some of my clearly implicated here.

And did you find that? I mean, that was, that was kind of, it's kind of a clever dodge.

And did you find that? I mean, that was, that was kind of, it's kind of a clever dodge.

It was a very, very long argument.

It was a very, very long argument.

Yeah. Okay. So that goes away. So this is treated as facially content neutral and justified by content neutral justification, which is preventing China from collecting vast amounts of sensitive data from 170 million U.S. TikTok users. That's a lot of people. That's like... More than half the country. Yeah. Way more than half the people who aren't young children. Do you think that number's true?

Yeah. Okay. So that goes away. So this is treated as facially content neutral and justified by content neutral justification, which is preventing China from collecting vast amounts of sensitive data from 170 million U.S. TikTok users. That's a lot of people. That's like... More than half the country. Yeah. Way more than half the people who aren't young children. Do you think that number's true?

There's got to be a lot of bots in there. That doesn't seem true. Yeah, or like double accounts. I mean, I don't know. I don't. Do you use TikTok? I don't. I have an account that I created just so I could like occasionally look at stuff, but I don't actually use it really at all. Well, I don't let it use my, yeah, minimal data.

There's got to be a lot of bots in there. That doesn't seem true. Yeah, or like double accounts. I mean, I don't know. I don't. Do you use TikTok? I don't. I have an account that I created just so I could like occasionally look at stuff, but I don't actually use it really at all. Well, I don't let it use my, yeah, minimal data.

I don't let it access my contacts and I've only opened the app like five or six times. But when you watch stuff, they know what TikTok you like. Yeah, presumably. But I just can't imagine that I'm in the top 10 million people of the priority of China. And we start getting threatening emails requiring that we give more pro-China coverage on the podcast. We'll know why.

I don't let it access my contacts and I've only opened the app like five or six times. But when you watch stuff, they know what TikTok you like. Yeah, presumably. But I just can't imagine that I'm in the top 10 million people of the priority of China. And we start getting threatening emails requiring that we give more pro-China coverage on the podcast. We'll know why.

We haven't really had much China-facing content in any way. That's because TikTok is...

We haven't really had much China-facing content in any way. That's because TikTok is...

So it's good enough for us. Yeah. Okay, and this is a detour, but another kind of interesting thing about this, and this is, I mean, this is, I think it's happened before, but it's kind of unusual. The government, like, Gave the court a bunch of evidence. Classified evidence. But that it said, like, the parties can't have. Other parties can't have. Only the court needs to look at it.

So it's good enough for us. Yeah. Okay, and this is a detour, but another kind of interesting thing about this, and this is, I mean, this is, I think it's happened before, but it's kind of unusual. The government, like, Gave the court a bunch of evidence. Classified evidence. But that it said, like, the parties can't have. Other parties can't have. Only the court needs to look at it.

And so there were, like, parts of the government's filings that made an argument. Manuel Francisco, a lawyer for TikTok, was like, that's in a redacted part. I don't know what it says. I think they were filed below.

And so there were, like, parts of the government's filings that made an argument. Manuel Francisco, a lawyer for TikTok, was like, that's in a redacted part. I don't know what it says. I think they were filed below.

I don't think we know if they looked at it or not. Well, yeah, we know that they don't rely on it in the sense that there's a footnote that says, our holding and analysis are based on the public record without reference to the classified evidence the government filed below.

I don't think we know if they looked at it or not. Well, yeah, we know that they don't rely on it in the sense that there's a footnote that says, our holding and analysis are based on the public record without reference to the classified evidence the government filed below.

No, I thought it was, as far as these lightning docket type opinions go, I thought it was better than some, for sure. And not wholly unpersuasive. There's some other kind of issues in the case. What about, does Congress have mixed motives here, in part because maybe Congress's motivation was not just to prevent data collection, but was to kind of prevent China from using the algorithm to kind of