Monthly Archives: April 2024

Explore Space and Poetry with NASA and Poet Laureate Ada Limn – sxsw.com

Posted: April 24, 2024 at 10:37 am

How often can you say you had an exclusive first look at an object being sent into deep space? That was the opportunity attendees had at the Opening Session of the 2024 SXSW Conference.

Director of NASAs Science Mission Directorates Planetary Science Division, Lori Glaze, and the 24th Poet Laureate of the United States, Ada Limn, took to the SXSW stage on March 8 to unveil a piece of history that will be aboard NASA's Europa Clipper. The goal of this NASA rover is to determine whether Jupiter's second moon, Europa, could support life.

Ada Limn spoke about the similarities the arts share with space and how there is beauty and surrender in exploring the unknown.

Since the beginning of space exploration, inspirational messages have traveled aboard NASA spacecrafts. In keeping with this tradition, Limn's poem will be riding along with the Europa Clipper as well as engraved designs representing recordings of the word "water" in a diverse collection of human languages, co-signatures from over 2.6 million people from around the world, and more.

Embrace the mystery with Limn and Glaze. Watch the entire Opening Session, Explore Space & Poetry With NASA & Poet Laureate Ada Limn, below and experience the moment Limn shares a piece of history that is set to launch into deep space in October 2024.

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Are we prepared for Chinese preeminence on the moon and Mars? (op-ed) – Space.com

Posted: at 10:37 am

Chris Carberry is CEO of Explore Mars, Inc. and author of "The Music of Space" and "Alcohol in Space." Joe Cassady is Director, Civil Space at L3Harris as well as Executive VP of Explore Mars, Inc. They contributed this article to Space.com's Expert Voices: Op-Ed & Insights.

The United States appears to be entering the golden age of space exploration. Over the past few years, the nation has conducted an unprecedented number of launches, countless space hardware developments, and notched innumerable other milestones. Nevertheless, despite these accomplishments, the United States could lose its decades-old leadership in space exploration and technology to China.

The People's Republic of China (PRC) is making steady drives forward in all aspects of human and robotics capabilities. China's space accomplishments over the past few years include the success of the Long March 5B heavy-lift vehicle and the construction of the Tiangong space station. In 2019, China became the first nation to successfully "soft-land" a vehicle, the robotic Chang'e 4 rover-lander duo, on the far side of the moon. Then, a year later, the Chang'e 5 mission successfully accomplished a sample-return mission from the moon.

Related: China moving at 'breathtaking speed' in final frontier, Space Force says

More recently, on March 20, 2024, China launched its relay satellite, Queqiao-2. This accomplishment will enable the Chinese to conduct operations on the far side of the moon, and lays the groundwork for the Chang'e 6 lunar far side sample return mission later this year, to be followed by the Chang'e 7 lander and rover in 2026 and the Chang'e 8 mission in 2028, which will include a lunar In-Situ Resource Utilization (ISRU) demonstration. China has also announced a goal for surface missions by Chinese taikonauts, possibly by 2030. And, as the United States and its partners continue to struggle with achieving a Mars Sample Return mission, China has announced its goal to conduct such a mission in 2030.

While these accomplishments still pale by comparison to those of the United States over the past 60 years, the rate at which the Chinese have been catching up is alarming. According to a 2022 Pentagon report, the U.S. could lose its lead in space technology as soon as 2045. The report notes that, while U.S. industrial capacity is expanding, "the upward trajectory of the People's Republic of Chinais even steeper, with a significant rate of overtake, requiring urgent action." The report added that "the U.S. lacks a clear and cohesive long-term vision, a grand strategy for space that sustains economic, technological, environmental, social and military (defense) leadership for the next half century and beyond."

Why is this important? Investment in space exploration and development capabilities is an investment in the country. These endeavors bolster innovation and new markets, as well as national standing, diplomacy and national security, while at the same time assure that the United States remains the undisputed leader in scientific discovery, inspiration and STEM (science, technology, engineering and math) education. And while NASA is a civilian space agency, we can't ignore the broader implications of surrendering our lead in space. According to the U.S-China Economic and Security Review Commission's report to Congress, "Beijing has specific plans not merely to explore space, but to industrially dominate the space within the moon's orbit of Earth. China has invested significant resources in exploring the national security and economic value of this area, including its potential for space-based manufacturing, resource extraction, and power generation, although experts differ on the feasibility of some of these activities."

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The good news is that the United States still has a clear advantage in this competition. Over the past several years, we have seen the successful launch of the Artemis 1 mission, with Artemis 2 and 3 scheduled to occur by the end of 2027. Meanwhile, commercial entities are launching at an unprecedented rate, significantly expanding our overall national capacity to reach space. In short, this is our race to lose.

Related: NASA's Artemis program: Everything you need to know

Given the progress that the United States has made in developing space infrastructure and capabilities in recent years, why are we at risk of being surpassed? Dean Cheng of the U.S. Institute of Peace told us thatpart of the problem is, while people are interested in space, it is not as in the public imagination and concern as it was during the Space Race of the 1960s, when there were space launches every few weeks. Ironically, because space has become more routinized, there is less concern about competition. With so many other major national issues that hold center stage, the Administration and Congress also do not appear to be appropriately focused and motivated in what truly constitutes the new Space Race. Stable bipartisan support remains, but we seem to lack a sense of national urgency.

Nevertheless, unlike most domestic programs, our plan to send humans to the moon and Mars is something of a "unicorn" in our divisive political environment. It represents a program and an objective that has had strong bipartisan support for over a decade. This rare example of political solidarity should not be ignored. It should be embraced as evidence that our elected officials can unite on some issues and in so doing, help to solidify our national standing for decades to come.

However, we must not repeat the policy mistakes of the Apollo program of the 1960s and early 1970s. While Apollo successfully landed crews on the moon by the end of the 1960s, it was not a sustainable program from a budgetary or political perspective. Upwards of 4%of the annual federal budget was committed to Apollo (as compared to NASA's current budget of less than 0.5% of the federal budget). The program also only had one significant political objective to beat the Soviet Union to the moon. It succeeded spectacularly in this regard. It was unquestionably a major milestone in human history. But after its success and the realization that the Soviet Union was abandoning its lunar aspirations, there remained little political motivation to continue the program, and it was abruptly halted.

NASA's current budget is unlikely to increase dramatically in the near future, but the United States can nevertheless still build a sustainable program that ensures that we retain our hard-earned status as the preeminent space nation. Rather than the military-like campaign of the Apollo program, we have a chance to prevail by harnessing the ingenuity and capabilities of our U.S. commercial industry and our international partners. By doing so, we simultaneously advance a vital national interest but also stimulate innovative new markets and strengthen our international alliances.

Are there risks? Of course. Virtually every great human accomplishment has required innumerable forms of risk. However, by accepting these risks, we will give ourselves a very real chance that the rest of the 21st century will not only be an American century but one where we have nurtured major new markets and created stronger international relations.

Note: An expert panel will be discussing this topic at the 2024 Humans to Mars Summit taking place on May 7-8, 2024 at the Jack Morton Auditorium, at the George Washington University in Washington, D.C.

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As space exploration increases, effective space regulation is a necessity – Verdict

Posted: at 10:37 am

Space has long been a frontier for geopolitical competition. Credit: IM_photo via Shutterstock.

The US-led Artemis Accords are a set of non-binding principles designed to guide peaceful cooperation in the exploration of outer space, including the Moon and eventually Mars. They cover provisions on transparency, interoperability, registration of space objects, release of scientific data, protecting space heritage, the use of space resources, deconfliction of space activities, and emergency assistance.

The Accords were established in 2020 by eight founding nations: Australia, Canada, Italy, Japan, Luxembourg, the United Arab Emirates, the UK, and of course the US.

The Accords build upon existingbut now deeply outdatedspace regulations, including the 1967 Outer Space Treaty, 1968 Rescue and Return Agreement, 1972 Liability Convention, and 1975 Registration Convention. As a sign of the breadth of countries signing the Accords, Slovenia became the 39th nation to sign the Accords on April 19, 2024. In doing so, Slovenia became the third European signatory in just five daysSwitzerland and Sweden signed the Accords on April 15 and April 16, respectively.

India, which has been able to punch above its budget in space, signed the Accords back in June 2023. This forms part of a broader trend of strengthening ties between India and the US in space.

China and Russia, the two other space superpowers aside from the US, are notable absentees from the signatories of the Artemis Accords. This is unsurprising, particularly in light of the current geopolitical climate. Space has long been a frontier for geopolitical competition.In recent years, heightened security concerns surrounding China and the Russia-Ukraine conflict have further isolated Beijing and Moscows space operations from the West. It isnt in China or Russias interests for the US-led Artemis Accords to succeed in such circumstances.

In a marriage of necessity, with no other major allies to turn to, China and Russia are increasingly teaming up in space to take on the US space juggernaut. The US spent $73.2bn on space programs in 2023China and Russias combined spending totalled just $17.56bn. China and Russia have announced plans to put a nuclear power plant on the Moon by 2035, which will fuel a planned joint China-Russia Moon base. Partnerships are at the core of the space economy. No one, even Nasa, can go it alone.

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However, a new body of space regulation fit for the 21st century and which all major space superpowers are party to is desperately needed. The Artemis Accords are of course non-binding. But they make a good start in attempting to set norms on peaceful cooperation in space. This is an essential first step in proactively tackling potential geopolitical flashpoints looming in this frontier.

One such concern is conflict for resources on the Moon. There are possibly trillions of dollars worth of untapped lunar resources. Without global regulations or norms in place to guide ownership and mining rights, disputes over lunar resources could quickly spiral into an unwanted confrontation.

Space debris is also a real concern. As of November 2023, there are currently over 130 million pieces of space debris in orbit, according to the EU Space Agency. The likelihood of collisions will rise as more objects are launched into space. Yet, there is no global legal framework targeting the issue of space debris. Only in 2023 did the US Government issue the worlds first space debris fine.

Cooperation on space regulationeven an Artemis Accord-style agreement in the interimbetween all major space players needs to become a global priority. Discussions need to focus on regulations or norms concerning the ownership and mining rights of lunar resources and the removal of space debris. Then, efforts can shift to more long-term issues surrounding asteroid mining and the colonisation of Mars. The US, China, and Russia need to get around a table and start working together on global space regulation.

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NASA Announces Winners of Power to Explore Challenge – NASA

Posted: at 10:37 am

NASA announced the winners on Wednesday of the third annual Power to Explore Challenge, a national writing competition designed to teach K-12 students about the power of radioisotopes for space exploration.

The competition asked students to learn about NASAs Radioisotope Power Systems (RPS), nuclear batteries the agency uses to explore some of the most extreme destinations in the solar system and beyond. In 250 words or less, students wrote about a mission of their own enabled by these space power systems and described their own power to achieve their mission goals.

The Power to Explore Challenge is the perfect way to inspire students our Artemis Generation to reach for the stars and beyond and help NASA find new ways to use radioisotopes to power our exploration of the cosmos, said Nicola Fox, associate administrator, Science Mission Directorate at NASA Headquarters in Washington.

Entries were split into three groups based on grade level, and a winner was chosen from each. The three winners, along with a guardian, are invited to NASAs Glenn Research Center in Cleveland for a VIP tour of its world-class research facilities.

The winners are:

Congratulations to this years winners and participants together, we discover and explore for the benefit of all, Fox said.

The Power to Explore Challenge offered students the opportunity to learn about space power, celebrate their strengths, and interact with NASAs diverse workforce. This years contest received nearly 1,787 submitted entries from 48 states and Puerto Rico.

Every student who submitted an entry received a digital certificate and an invitation to the Power Up virtual event held on March 15 that announced the 45 national semifinalists. Additionally, the national semifinalists received a NASA RPS prize pack.

NASA announced three finalists in each age group (nine total) during Total Eclipse Fest 2024 in Cleveland on April 8, a day when millions of Americans saw a brief glimpse of life without sunlight, creating an opportunity to shed light on how NASA could power missions without the Suns energy at destinations such as deep lunar craters or deep space. Finalists also were invited to discuss their mission concepts with a NASA scientist or engineer during a virtual event.

The challenge is funded by the NASA Science Mission Directorates RPS Program Office and administered by Future Engineers under the NASA Open Innovation Services 2 contract. This contract is managed by the NASA Tournament Lab, a part of the Prizes, Challenges, and Crowdsourcing Program in NASAs Space Technology Mission Directorate.

For more information on radioisotope power systems visit:

https://www.nasa.gov/rps

-end-

Karen Fox/Charles Blue Headquarters, Washington 301-286-6284/202-802-5345 karen.c.fox@nasa.gov/charles.e.blue@nasa.gov

Kristin Jansen Glenn Research Center, Cleveland 216-296-2203 kristin.m.jansen@nasa.gov

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NASA tests walking robot on Mount Hood for space exploration with universities – KTVL

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MT. HOOD, Ore. (KATU) Researchers from six universities, including Oregon State, have teamed up with NASA to test a walking robot on the terrain of Mount Hood.

They're trying to see how this robot would withstand the surface of the moon or even Mars.

NASA often uses rovers, but the hope with this four-legged robot is that it will be able to roam through the terrain of different planets in the future.

Another goal of this project is to create a partnership between human scientists and these four-legged robots.

Instead of using the robot as a tool, they are hoping to find an algorithm that lets the robot make some scientific decisions.

If not, the robot would try to decide what a human would do, to at least make one for a human to understand.

KATU spoke with a member of the project and the OSU team, Cristina Wilson, to ask why they chose Mount Hood.

Mt. Hood is our lunar-like environment, so our moon has tons of craters and there is a lot of uncertainty right now about the structure of those craters, how much lunar ice is present. Mt. Hood has many variations of slopes and valleys that run down the mountain, it also has glacial ice.

Researchers plan to test it at White Sands National Park because of the sandy environment that mimics the Martian surface.

This summer, the teams will head back to Mt. Hood to test the robot once again.

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Five future astronauts certified from European Space Agency’s 2022 graduating class – UPI News

Posted: at 10:37 am

April 22 (UPI) -- Six new recruits of the European Space Agency on Monday got to be the latest round of fully qualified astronauts now eligible for space missions, including a woman from Australia.

At a ceremony near Cologne in Germany's state of North Rhine-Westphalia, the five European and one Australian astronaut recruits got their certifications to mark their transition to be fully qualified astronauts now eligible for space missions.

Sophie Adenot of France, Pablo lvarez Fernndez of Spain, Rosemary Coogan from Britain, Raphal Ligeois of Belgium, and Marco Sieber of Switzerland joined Australian Space Agency candidate Katherine Bennell-Pegg -- on track to be Australia's first woman in space -- who wrapped-up their year-long basic training culminating in Monday's ceremony.

They were picked from a "remarkable" pool of 22,500 astronaut applicants across Europe. The ESA astronaut class of November 2022 had 17 individuals which included the five astronaut candidates, and 12 members in the European astronaut reserve.

Their training begin April of last year at their arrival to the European Astronaut Center near Cologne, where they took part in training programs that included spacecraft systems, spacewalks, flight engineering, robotics, life support systems, survival, and medical training.

Last Wednesday ahead of Monday's ceremony, the ESA Director General took note of how in 2020 the agency had for the first time since 2008, "decided to open a new call for a Europe-wide astronaut selection."

"This decision was crucial to preserve European knowhow for training astronauts in Europe -- a key capacity for our future in space exploration," said Josef Aschbacher.

On Monday, Aschbacher congratulated the new class by noting it now brings the number of ESA astronauts to a total of 11 from eight European countries. During the ceremony, he acknowledged it was "a challenging year" and said it was "a large effort."

"Thanks to this enlarged family, we are ensuring both our long-term participation in key programs," he said on social medial about the Artemis program and the ISS.

It was called "A great day for Europe in space" earlier on Monday by Anne-Sophie Bradelle, ESA's chief of communications.

Now that the new set of astronauts have been certified, they will begin steps toward their first missions on the International Space Station or other space trips although it's currently unclear when that will be but plans are in the works.

But Aschbacher said their first mission will not be before the year 2026.

Fellow ESA astronaut Matthias Maurer took to social media Monday morning to congratulate his new colleagues.

"A new chapter of European space exploration unfolds, heralding a fresh era for" the European Space Agency, he said on X.

"Their incredible teamwork showcases the possibilities of EAC as Europe's premier astronaut training hub," wrote Maurer, who recently completed a 175-day mission on the International Space Station.

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Sweden becomes 38th country to sign NASA’s Artemis Accords for moon exploration – Space.com

Posted: at 10:37 am

Another one signs the (moon) dust.

Sweden is the newest nation to sign onto NASA's Artemis Accords for peaceful and responsible exploration. During a signing event in Stockholm on Tuesday (April 16), Swedish Minister for Education Mats Persson penned the agreement alongside U.S. Ambassador Erik D. Ramanathan.

"By joining the Artemis Accords, Sweden strengthens its strategic space partnership with the U.S. on space covering areas such as Swedish space research and the space industry, which in turn also strengthens Swedens total defense capability," Persson said in a NASA statement.

Related: Switzerland signs Artemis Accords to join NASA in moon exploration

The event in Stockholm comes just on the heels of Switzerland's signing of the Artemis Accords the day before. Greece and Uruguay were also included in February. Sweden is now the 38th nation to join the accords, which were established in 2020, as the first Artemis moon launch inched closer to reality.

The Accords mirror principles set out in 1967, as part of the Outer Space Treaty to help govern international cooperation space.NASA is using the refreshed agreement as a guideline for the Artemis program, which aims to send astronauts back to the moon for the first time since Apollo 17, in 1972.

In the agency's statement, NASA administrator Bill Nelson welcomed Sweden to the expanding space club.

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"Our nations have worked together to discover new secrets in our solar system, and now, we welcome you to a global coalition that is committed to exploring the heavens openly, transparently, responsibly, and in peace," Nelson said, adding, "the United States and Sweden share the same bedrock principles, and we're excited to expand these principles to the cosmos."

NASA plans to return to the moon no earlier than 2025 with its Artemis 2 mission, which will see four astronauts fly around the moon and back. The following year, the agency aims to put a crew of four on the lunar surface with Artemis 3, marking humanity's first return to our natural satellite since 1972.

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Space start-up claims to have discovered propellant-free propulsion system – NewsBytes

Posted: at 10:37 am

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Exodus Propulsion Technologies, a space start-up, has announced a significant advancement in propellant-free propulsion. The company claims to have discovered an unknown force of nature that could potentially power thrusters without the need for propellant. Charles Buhler, co-founder and former NASA engineer, believes this could transform space exploration. Buhler's bold claims are set to face rigorous scrutiny from the scientific community.

Buhler, in his conversation with The Debrief, stated that the newly discovered force could be harnessed to generate propulsion, unlike anything previously achieved. He asserted, "There are rules that include conservation of energy, but if done correctly, one can generate forces unlike anything humankind has done before." Buhler further predicted this force could be used for propulsion for the next 1,000 years "until the next thing comes."

Exodus recently presented its research at the Alternative Propulsion Energy Conference (APEC), a prestigious event attended by top figures in the field. The propulsion system developed by Exodus uses electrostatics to harness Buhler's "new force," generating a modest 10milliNewtons of force. Despite the small magnitude, Buhler reassured that "magnitude is not important, really, since anything above zero would work in space!"

Buhler explained that their propulsion system is made up of various types of charge carrier coatings, supported on a dielectric film. The aim is to create a lightweight system while maintaining high dielectric breakdown strength. He believes this discovery suggests "that there's some underlying physics that can essentially place force on an object" given "an asymmetry in either electrostatic pressure or some kind of electrostatic divergent field." However, he acknowledges these claims seem to contradict established energy laws.

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How the TikTok ban could survive a court challenge – Platformer

Posted: at 10:36 am

On Tuesday, the Senate voted overwhelmingly to pass an aid package for Israel, Ukraine, and Taiwan that also includes a measure to force the divestment of TikTok. Observers expect final passage of the bill sometime in the next day or so; President Biden has indicated he will sign it.

When that happens, Congress will have passed the first significant regulation against a tech platform since the backlash against social media began at the end of 2016. TikTok has told employees that it considers the bill a violation of its First Amendment rights, and that it intends to challenge the laws implementation in court.

Today, lets talk about how that legal fight is likely to play out. Interviews with legal scholars suggest that the government will have a difficult time proving that its effort to ban TikTok is constitutional. But First Amendment cases are often unpredictable, they say and its possible that the governments appeals to national security could ultimately lead the Supreme Court to uphold the law.

The First Amendment prohibits the government from passing laws abridging the freedom of speech. With some narrow exceptions, if US elected officials decide they dont like the content on a given social app, the First Amendment prevents them from banning the app outright.

That matters in the TikTok case because Congress members have openly criticized the content it hosts. Its a propaganda machine that promotes disinformation under the influence of our nations greatest foreign competitor, wrote Rep. Mike Flood, R-Neb., in an op-ed last year.

And they arent only concerned about propaganda from China. Members of Congress have also repeatedly accused TikTok without evidence of pushing pro-Hamas content related to the war in Israel. (TikTok has denied manipulating recommendations in this way.)

The Supreme Court has previously held that Congress cant ban foreign propaganda, including propaganda from China. In Lamont vs. Postmaster General, the court considered a law that required the postmaster general to detain communist political propaganda sent through the mail. The Post Office was then required to send the addressee a card asking whether they wanted the propaganda to be delivered, in what the court ultimately ruled had an unconstitutional chilling effect on speech.

If Congress cant even require people to fill out a form to receive propaganda, the logic goes, it seems even less likely that the Supreme Court would find that Congress could ban TikTok over the still unsupported claims that it is deliberately amplifying pro-China or pro-Hamas content.

Its a fundamental principle of the First Amendment that the government cant ban speech on the basis that they dont like it, or that theyre convinced its going to convince people of ideas they dont like, said Evelyn Douek, an assistant professor of Law at Stanford Law School and First Amendment scholar, who pointed me to the Lamont case.

For that reason, the government probably wont rest its arguments on the idea that it has a right to ban propaganda.

What about data privacy? Another core argument made by Congress in deliberations over the TikTok ban is that the Chinese government could force ByteDance to turn over user data for surveillance or other nefarious purposes.

But the government will likely struggle to make a convincing argument that banning TikTok is necessary for protecting Americans in this way, scholars said.

If the Chinese government wants data on Americans, they dont need TikTok to get it, wrote Alan Z. Rozenshtein, an associate professor of law at the University of Minnesota, in a piece for Lawfare on Monday. They dont even need to steal it. The United States is a notorious outlier among developed nations for its lack of a national data-privacy law. This means that the Chinese can just buy from data brokers and other third-party aggregators much of the same information that they would get from having access to TikTok user data.

The data privacy argument may strike courts as particularly weak given the dramatic restriction on speech that will come with banning an app used by 170 million Americans.

Its the worst imaginable means of trying to protect users privacy, because its going to shut down an entire vibrant platform or require its divestment, said Genevieve Lakier, a law professor at the University of Chicago. And even if ByteDance were willing to divest from TikTok and preserve the platform as it exists today, forcing it to do so could also be considered an unconstitutional violation of its speech rights, she said.

If we think the owners own the platforms in part because they want to articulate certain kinds of views, this is effectively saying shut up, she said.

That leads to the argument that the government is likely to make the loudest in court: that banning TikTok is necessary to protect national security. China is an adversary of the United States and may one day seek to exploit its control over a major news and information network like TikTok, the argument goes; therefore, Congress has a compelling interest in preventing it from doing so.

Of all the arguments the government could make, this one is most likely to resonate with the Supreme Court, Rozenshtein said in an interview.

The government cant just say national security and do whatever it wants," he said. "But courts including the Supreme Court just give a lot more leeway to the government in First Amendment cases about national security.

What arguments might the government make? Rozenshtein expects to see discussion of Chinas active manipulation of domestic media, including sweeping censorship and propaganda efforts. The State Department last year published a comprehensive report on Chinas efforts to reshape the global information ecosystem, which found that it employs a variety of deceptive and coercive methods.

At the same time, Congress has shared no public evidence that ByteDance or TikTok have manipulated recommendation algorithms to spread pro-China propaganda or otherwise undermine national security.

For the ban to stick, the government first has to prove that it isnt about the content of the speech of TikTok. Assuming the courts accept that argument, they would likely apply what is known as intermediate scrutiny to the governments case that this is a privacy and security issue.

And in that case, Lakier said, the government would typically have to provide evidence of a threat large enough to justify eliminating a significant platform for speech.

First Amendment cases have been clear for a hundred years now that even when regulating speech in a content-neutral way, the government needs to have really good evidence for what its doing, she said. The thing about intermediate scrutiny is that is that we dont take the government at its word it has to show its work.

Another point TikTok has in its favor is Project Texas, the companys $1.5 billion effort to move all US user data to the United States and put US-based Oracle in charge of auditing it for compliance. Courts may see that as a good-faith effort to address Congress data privacy and security concerns, and the government officials that negotiated Project Texas never said publicly why it was not sufficient.

I would not be surprised if TikTok goes into court waving Project Texas around and the government is going to have to have a good answer, Rozenshtein said.

The history of First Amendment jurisprudence would suggest that Congress effort to ban TikTok could very likely be overturned. And yet all of the scholars I spoke with said they found this case very difficult to predict. First Amendment cases are unpredictable in general, they said, and the current Supreme Court has often shown an active disregard for precedent.

National security tends to be a context where fundamental constitutional rights unfortunately do give way, and we do see courts bow to the pressure, Douek said. So there absolutely is uncertainty. Even if Im 110 percent confident that the precedents say one thing, that doesnt make me anywhere near 100 percent confident that thats what the court will say.

If it is upheld, Rozenshtein told me, it will likely come down to the fact that the Supreme Court is generally loath to undercut Congress on issues of foreign policy.

But doing so might have an even more dramatic effect than Congress is intending here, Lakier said: creating a precedent that foreigners do not enjoy the protections of the First Amendment.

Are we really going to say that foreign speakers dont have any rights? she said. These are all the questions that this tees up.

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How the TikTok ban could survive a court challenge - Platformer

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Senate Passes TikTok Ban Bill, Setting Up Legal Battle Between App and U.S. on First Amendment Issues – AOL

Posted: at 10:36 am

The U.S. Senate voted Tuesday to approve a bill that would ban TikTok nationwide unless Chinese parent company ByteDance sells its stake in the popular app. The development will likely result in a court battle between the U.S. and TikTok, which argues that the legislation violates the First Amendment and if TikTok loses that fight, theres a real chance it could be shut off for Americans.

The bill now moves to the desk of President Biden, a supporter of the TikTok divest-or-ban measure who has said he will sign it into law. U.S. lawmakers have expressed deep concern about TikToks Chinese ownership, suggesting that the Chinese communist regime could use the app to spy on Americans or use it to promulgate pro-China propaganda.

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The Senate approval of the TikTok ban bill was tied to a $95 billion package of foreign aid to Ukraine, Israel and Taiwan. The Senate, by a 79-18 vote, OKd the bundled legislation after the House passed the resolutions Saturday and sent them on an expedited basis to the Senate for approval on an up-or-down vote.

TikTok will file a legal challenge once the bill is signed into law, Michael Beckerman, TikToks head of public policy for the Americas, wrote in a memo to company staff over the weekend. The legislation is a clear violation of the First Amendment, the exec wrote: This is the beginning, not the end of this long process. Beckerman also criticized the TikTok divest-or-ban measure as an unprecedented deal worked out between the Republican Speaker [Mike Johnson] and President Biden.

Ahead of the vote, Sen. Mark Warner (D-Va.), chair of the Senate Intelligence Committee, delivered comments on the Senate floor Tuesday afternoon about the national security threats posed by ByteDances ownership of TikTok. Passage of the bill goes a long way towards safeguarding our democratic systems from covert foreign influence, he said, saying that Chinese companies like ByteDance dont owe their obligationto their customers, or theirshareholders, but they owe it tothe PRC [Peoples Republic of China] government.

This is not an effort to take your voice away I would emphasizethis is not a ban of the service you appreciate, Warner said, addressing TikTok users. Regular Americans arent privy to classified briefings members of Congress have received about TikTok from intelligence services and the risks it poses as an entity operating at the direction of a foreign adversary, Warner said. We hope that TikTok will continue under new ownership American or otherwise. It could be bought by a group from Britain, Canada, Brazil, France. It just needs to no longer be controlled by an adversary that is defined as an adversary in U.S. law.

Sen. Maria Cantwell (D-Wash.), chair of the Senates Commerce, Science and Transportation Committee,suggested TikTok and ByteDance are weaponizing data and AI to spy on American citizens, the military and government personnel, including journalists covering the company. (In 2022, ByteDance said it fired four employees for misconduct after the company found they accessed TikTok data on several users, including two reporters.)

Sen. Ed Markey (D-Mass.) spoke out against the TikTok ban bill before the final vote, saying the more pressing clear and present danger is the harm kids face from social media apps more broadly, including from U.S.-based companies.

I dont deny that TikTok poses some national security risks, Markey said. TikTok has its problems. No. 1, TikTok poses a serious risk to the privacy and mental health of our young people. But he said the bill likely would result in widespread censorship, and he suggested that the bills supporters object to liberal political viewpoints popular on TikTok. Instead of suppressing speech on a single application, we could be addressing the root of the mental health crisis by targeting Big Techs pernicious, privacy-invasion business model of teenagers and children in our country, Markey said.

TikTok has said the bill, if it becomes law, would infringe the free-speech rights of its 170 million U.S. users and devastate the estimated 7 million American businesses on the platform. It claims TikTok contributes $24 billion to the U.S. economy annually.

The TikTok divest-or-ban legislation has been opposed by the ACLU and other advocacy groups.

This is still nothing more than an unconstitutional ban in disguise, Jenna Leventoff, senior policy counsel at the ACLU, said in a statement Tuesday prior to the Senate vote. Banning a social media platform that hundreds of millions of Americans use to express themselves would have devastating consequences for all of our First Amendment rights, and will almost certainly be struck down in court.

Because of its Chinese ties, TikTok has been a political football in the United States for years, as well as in other countries (including India, where its been banned since June 2020). TikTok has prevailed in challenging other laws in the U.S. seeking to ban the app. Last December, afederal judge blockedMontanas first-of-its-kind statewide ban of TikTok, ruling that the law likely violated the First Amendment. An attempt by the Trump administration toforce ByteDance to sell TikTok or face a ban also was found unconstitutionalby federal courts on First Amendment grounds.

Under the Protecting Americans From Foreign Adversary Controlled Applications Act bill, Apple and Googles app stores and web hosting services in the U.S. would be barred from hosting any foreign adversary controlled application. Specifically, it would prohibit distribution of TikTok unless ByteDance divests its ownership in the app within nine months of becoming law, with an additional 90-day extension possible at the presidents discretion if a path to executing a qualified divestiture has been identified. Johnson, the House speaker, incorporated the TikTok ban (revised with the extended divestiture timeline) into the emergency supplemental appropriations bill in a bid to win Republican support for the package of foreign aid.

Backers of the TikTok bill argue that it doesnt restrict free speech, saying it only requires apps to be owned by a company that isnt subject to the control of an adversarial foreign government. As a precedent, the legislations proponents point to the 2020 sale of dating app Grindr by Chinese gaming company Beijing Kunlun Tech Co. to a group of U.S.-based investors, a transaction forced by the U.S. government over concerns about the privacy of the apps users.

Per the text of the bill, legal challenges to the Protecting Americans From Foreign Adversary Controlled Applications Act may be filed only in the U.S. Court of Appeals for the District of Columbia Circuit.

If TikTok is unsuccessful in getting the divest-or-ban law overturned, it is unlikely that ByteDance would sell its ownership stake and that the app would effectively become outlawed in the U.S. Chinese officials havesaid the government would firmly opposeany forced sale of TikTok, which would represent a technology export and be subject to the governments approval. Youre not going to be able to force ByteDance to divest, James Lewis, SVP at the Center for Strategic and International Studies,toldthe New York Times last month.

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Senate Passes TikTok Ban Bill, Setting Up Legal Battle Between App and U.S. on First Amendment Issues - AOL

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