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TikTok and the lollipop Washington wants to take away

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What to do with Tik Tok hit home even with the prime minister of Canada, Justin Trudeau, as he stood next to the American president, Joe Biden, last Friday afternoon for their joint media conference in Ottawa Biden’s visit, including an address to the Canadian parliament

Question to the PM: “Knowing what you know, are you comfortable with the idea of your children or family members using TikTok?”

“I am obviously concerned with their privacy and their security, which is why I’m glad that on their phones — that happen to be issued by the government — they no longer access TikTok.  (Laughter.)  That was a big frustration for them.  “Really?  This applies to us too, Dad?”  “Yes, I just did that.”  (Laughter.)

Trudeau says
Canadian Prime Minister Justin Trudeau speaks during a joint news conference with U.S. President Joe Biden, in Ottawa, Ontario, Canada, March 24, 2023. REUTERS/Kevin Lamarque

It’s no laughing matter in Washington. 

Tik Tok’s CEO Shou Zi Chew was monstered by the House of Representative Energy and Commerce  Committee last week.  He was bludgeoned for five hours, solo at the witness table while a bipartisan howl raged against Tik Tok, its ownership, its practices, its ties to the Chinese Communist Party, and its vast influence in the United States.

“We do not trust TikTok will ever embrace American values,” said committee chair Cathy McMorris Rodgers, a Republican of Washington .

“TikTok has repeatedly chosen the path for more control, more surveillance and more manipulation. Your platform should be banned.”

“I still believe that the Beijing Communist government will still control and influence what you do,” said Rep. Frank Pallone Jr. of New Jersey, the ranking Democrat.

Politico’s reporter was asked if there was any support for Chew or Tik Tok. “No. There was no real support. That’s why they brought him in, to yell at him and show they’re strong on China.”

Senator Mark Warner of Virginia, cosponsor of legislation with the best chance of being enacted by Congress this year, said this about the hearing, and the core issue posed by the Tik Tok: “I kind of feel for the guy. Because [Chew] can’t rebut the fact that TikTok is owned by ByteDance, ByteDance is a Chinese company, Chinese law as of 2017 says the first obligation of any Chinese company is not shareholders or customers, it’s the Communist Party… At any point in time, that data can be asked for. And there are plenty of examples where it appears that it may have been already vulnerable. On top of that, you’ve got the ability for this incredibly powerful tool to have content manipulation.”

This was exact issue presented by Huawei, owned by the Chinese government, that under China’s national security law that government has the right to full access to all the data held by the company. 

This is why Huawei was banned from being as telecoms supplier in Australia, New Zealand, Japan, Taiwan and the US, and with 5G restrictions in the UK.

In recent weeks, the Biden Administration has been moving to a position of requiring ByteDance to sell TikTok to another US company, or face a ban.

In response, TikTok has developed “Project Texas”, where all the data generated in the US would be secured on US company Oracle servers in Texas. “The bottom line is this: American data is stored on American soil by an American company overseen by American personnel,” Chew said. But that would leave TikTok under Chinese government control over the data it obtains.  And China is not budging.  A Chinese Commerce Ministry spokeswoman said last week that China would “firmly oppose” the forced sale TikTok, and that this would “seriously undermine the confidence of investors from various countries, including China, to invest in the United States.”

Many members of the House and Senate want to ban TikTok – now.  But previous efforts to limit TikTok initiated under President Trump to ban Tik Tok if it was not sold were never concluded.  

A US government ban or forced divestiture of  Tik Tok  poses both First Amendment – free speech –  and due process of law issues.  There has not yet been an official finding of sufficient authority and weight to support such a radical action by the government.

What has been put in place are bans on Tik Tok on government-issued phones.

This is why Senator Warner’s legislation could prove crucial. 

In Washington, if you can’t solve a problem – get a process to work the problem.  The Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act would give the Department of Commerce  the authority to evaluate and block technology deals involving companies from six “foreign adversary” countries, including China, Russia, Iran, Cuba, Venezuela and North Korea.  

By expanding the scope of technologies examined through a thorough process that can document and describe the urgency of addressing the threats the Tik Tok app poses, the key to locking in a ban or sale of Tik Tok can be found and used.

TikTok Chief Executive Shou Zi Chew looks on as he testifies before a House Energy and Commerce Committee hearing entitled “TikTok: How Congress can Safeguard American Data Privacy and Protect Children from Online Harms,” as lawmakers scrutinize the Chinese-owned video-sharing app, on Capitol Hill in Washington, U.S., March 23, 2023. REUTERS/Evelyn Hockstein

Last week’s Tik Tok hearing showed the Cold War with China is deepening.  The bipartisan roar of anger is growing.

But there is a real political disconnect between the rage building in Washington and the unhappiness of Trudeau’s children at losing Tik Tok . 

There are 150 million Americans – half the population – that use Tik Tok.  It is enormously influential.  Do lawmakers really think they can take Tik Tok away – without any political repercussions?  

You know what happens when you take a lollipop away from a child?  He or she starts screaming.  Take Tik Tok away and America’s Tik Tok users may start screaming – with their votes in 2024.

This is why the most likely outcome, aside from nothing being done, is passage of the Warner legislation and a forced sale of Tik Tok to a US company.

Stay tuned.

Bruce Wolpe is a Ticker News US political contributor. He’s a Senior Fellow at the US Studies Centre and has worked with Democrats in Congress during President Barack Obama's first term, and on the staff of Prime Minister Julia Gillard. He has also served as the former PM's chief of staff.

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Charlie Kirk’s assassination is the latest act of political violence in a febrile United States

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Jared Mondschein, University of Sydney

In yet another shocking act of political violence in the United States, Charlie Kirk was assassinated while debating with students at a university in Utah.

The 31-year-old, who came to fame by doing just that – debating whoever wanted to engage with him – was undeniably the most influential figure in young conversative politics.

News of his killing sent social media into an all-too familiar frenzy, with opposing political camps blaming each other for the increasingly febrile environment in contemporary America. It has also raised fears it may provoke even more violence.

Who was Charlie Kirk?

The meagre tent in which Kirk would set up shop on university campuses around America to engage in debate with university students should not be mistaken for meagre support.

Kirk’s political organisation, Turning Point USA (TPUSA), had a revenue of US$78,000 (A$118,000) when he founded it in 2012. As of last year, its annual revenue had grown to US$85 million (A$129 million).

His podcast, The Charlie Kirk Show, boasted between 500,000 and 750,000 downloads for each episode, ranking it as one of the top 25 most listened to podcasts in the world. Even Kirk’s 7 million X account followers is greater than MSNBC’s 5 million.

Outside the online world, TPUSA today has a presence in more than 3,500 high school and college campuses, with more than 250,000 student members, and more than 450 full- and part-time staff. But perhaps the most important metric is the fact that a TikTok survey of users under 30 found that, among those who voted for Trump, they trusted Kirk more than any other individual.

As much as Kirk’s many detractors abhorred his views and his conduct – particularly his views of Black people, Jews, trans people and immigrants, as well as his efforts to denounce professors engaging in “leftist propaganda” – there was no denying he was willing to debate practically anyone.

Whether it was in storied lecture halls at Oxford University or a progressive university campus in the US, Kirk engaged in political debate with anyone willing to come to the open microphone at his events, encouraging students to “prove me wrong”. The dissemination of clips of these interactions – typically an unwitting progressive student asking Kirk a question only to have Kirk counter-argue – garnered hundreds of millions of views across a variety of social media channels.

Support for Trump

Kirk first came to prominence championing more conventional Republican politicians, including Texas Senator Ted Cruz and former Wisconsin governor Scott Walker. But he eventually came around to supporting Trump in 2016, and never looked back.

Indeed, when many – particularly within the Republican party – sought to distance themselves from Trump after incidents such as the infamous Access Hollywood tape in 2016 or the violence at the US Capitol on January 6 2021, Kirk stayed the course.

The combination of his unceasing loyalty to Trump and his increasing popularity among young voters saw him increase his power within conservative circles. This power saw his organisation contribute millions of dollars to various Trump-aligned campaigns. TPUSA also bolstered support for embattled cabinet nominee, and now defence secretary, Pete Hegseth, and initiate efforts to oust former chair Ronna McDaniel from the Republican National Committee.

But perhaps Kirk’s most notable political win was harnessing a record number of young people to vote for Trump in 2024, despite the fact he was the oldest ever person to lead the Republican presidential ticket.

US political violence

Some may look at yet another instance of deadly US political violence and wonder whether it would have any sort of lasting impact. After all, the creation of the US followed an act of political violence known to Americans as the Revolutionary War. And this founding preceded more political violence, including the Civil War, Reconstruction and Civil Rights movement, among others.

Yet, as much as the entirety of US history is filled with such incidents, there is no denying that for the past generation in particular, it has also grown worse.

Numerous studies have found that the number of attacks and plots against elected officials, political candidates, political party officials, and political workers is exponentially higher now than in recent history. In examining 30 years of data, the Center for Strategic and International Studies (CSIS) found the number of attacks and plots in the past five years is nearly triple that of the preceding 25 years combined.

But beyond the numbers, US politicians themselves increasingly cite the spectre of violence as a reason why they have either retired from politics or – perhaps more worryingly – changed their votes.

Ultimately, there’s little question as to whether the US will continue to suffer from political violence. The greater question is to what extent and at what cost.

Kirk’s death will affect far more than just his friends and his family – including his widow and two young children. Today marked the loss of a unique leader in the US conservative movement.The Conversation

Jared Mondschein, Director of Research, US Studies Centre, University of Sydney

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Xi Jinping is in a race against time to secure his legacy in China

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Ian Langford, UNSW Sydney

The Chinese military parade that had the world talking last week was more than just pageantry. It was a declaration that Chinese leader Xi Jinping sees himself in a race against time to secure his place in history.

For Xi, who has just turned 72, unification with Taiwan is not just a policy aim; it is the crown jewel that would elevate him above Mao Zedong and cement his reputation as the greatest leader in modern Chinese history.

The timing and staging of the parade underscored this urgency, a showcase of power before an audience of foreign leaders and cameras at a high-stakes anniversary event in Beijing.

Mao, the founder of the People’s Republic of China, unified the country under Communist rule, but left it poor and isolated.

Xi’s mission is to finish the job by formally ending the Chinese civil war that pitted the Communists against the Nationalists and annexing the island of Taiwan to lock in his place in the party pantheon.

But waiting is dangerous. Inside the Chinese Communist Party, loyalty is transactional and rivals constantly watch for weaknesses.

In 2012, for example, Bo Xilai, a rising star and once-close ally of Xi’s, suffered a dramatic and very public downfall. The scandal could easily have consumed Xi, but he turned it into an opportunity, using Bo’s downfall to cement his own rise.

That episode remains a cautionary tale in Beijing’s elite politics: power must never falter; momentum must never slip.

More than a decade later, Xi has removed or sidelined nearly every rival and manoeuvred himself into a third term. However, he still governs with the urgency of someone who knows how quickly fortunes can turn.

US catching up on hypersonic missiles

Abroad, the strategic equation is also changing.

For years, Beijing enjoyed a headstart in hypersonic weapons, anti-ship missiles and industrial production. China’s air and advanced missile defence systems have been designed to threaten US carrier strike groups and complicate allied operations across East and North Asia.

But Washington may soon close the gap. The Pentagon requested nearly US$7 billion (A$10.6 billion) in hypersonic missile program funding in the fiscal year 2024–25, while private firms are accelerating innovation in reusable missile testbeds and propulsion.

The US Navy is repurposing Zumwalt-class destroyers for its Conventional Prompt Strike hypersonic system, giving the navy its first maritime platform capable of hypersonic strike. Sea-based demonstrations of the new system are planned as soon as the program matures.

Every step narrows China’s military advantage.

US shipbuilding looking for revival, too

The industrial rivalry between China and the US is a similar story.

China currently dominates global commercial shipbuilding, a dual-use foundation that also supports naval expansion.

A recent analysis found one Chinese shipbuilder alone built more ships by tonnage in 2024 than the entire US industry has produced since the second world war. Foreign ship orders are underwriting this building capacity, which can rapidly pivot to naval platforms.

This edge has continued in 2025. Xi is counting on this industrial base to give China an edge in a future conflict over Taiwan.

However, US and allied investments in shipbuilding are starting to respond.

The Trump administration has set up a White House office dedicated to fixing US shipbuilding, while the Pentagon has requested US$47 billion (A$71 billion) for Navy ship construction in its annual budget.

Japan and South Korea, both major shipbuilders, have also added significant resources to their shipbuilding capacity in an acknowledgement of the changing power structures in East and North Asia. US politicians recently visited both countries to secure greater assistance in boosting US building capacity, too.

China is also getting older

More urgent still is the demographic clock. China’s population shrank by about two million in 2023, the second straight annual decline, as births fell to nine million, half the 2017 level.

The working-age cohort is shrinking, while the number of people over 60 years old is expected to rise to roughly a third of China’s population by the mid-2030s. This will be a major drag on growth and strain on social systems.

Demography is not destiny, but it compresses timelines for leaders who want to lock in strategic gains.

America’s competitive advantage

There is a final, often overlooked problem. The most efficient political-warfare system of the modern era is capitalism – the engine of competition that rewards adaptation and punishes failure.

The US still possesses a uniquely deep capacity for “creative destruction” – it constantly churns through firms and ideas that power long-term growth and reinvention.

That dynamism is messy, decentralised and often uncomfortable. However, it remains America’s strategic ace: it can retool industries, scale breakthrough technologies and absorb shocks faster than any centrally directed system.

China can imitate many things, but it cannot easily replicate that market-driven ecosystem of risk capital, failure tolerance and rapid reallocation.

All of this explains why Xi wants the world to believe China’s rise is unstoppable and unification with Taiwan is inevitable.

But inevitability is fragile. Beijing’s “win without fighting” approach, which involves grey-zone coercion, economic leverage and an incremental, “salami-slicing” approach to territorial claims in the South China Sea, has worked because it relies on patience and subtlety. The more Xi accelerates, the more he risks miscalculation.

A forced attempt to seize Taiwan would be the most dangerous gamble of his rule. If the People’s Liberation Army falters, the consequences would be severe: strategic humiliation abroad, political turbulence at home, and a punctured narrative of inevitability that sustains party authority.

Sun Tzu’s greatest victory is the one won without fighting, but only when time favours patience. For Xi Jinping, time is not on his side.The Conversation

Ian Langford, Executive Director, Security & Defence PLuS and Professor, UNSW Sydney

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Four victims, no remorse: Erin Patterson given a life sentence for mushroom murders

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Rick Sarre, University of South Australia and Ben Livings, University of South Australia

Erin Patterson, having been convicted in the Supreme Court of Victoria two months ago on three counts of murder and one count of attempted murder, has today received a life sentence from the trial judge, Justice Christopher Beale.

He ordered a non-parole period of 33 years. Given her age (50) and the 676 days she’s already spent in detention, this means Patterson will not be eligible to apply for parole until 2056, when she is in her 80s.

Erin Patterson’s story is now one of the most well-known true crime cases in Australia. Nine weeks ago, a jury found her guilty of poisoning her lunch guests in July 2023 at her home in Leongatha with foraged death-cap mushrooms she had baked into individual servings of Beef Wellington.

In sentencing, Justice Beale said he had no hesitation in finding Patterson’s offending falls into the “worst category” of murder and attempted murder.

So after months of media frenzy and myriad headlines, the sentencing now bookends the case, pending any appeal. Here’s how the judge reached his decision and what happens now.

A lengthy prison term

The life sentence was as expected, given Patterson’s lawyer, Colin Mandy, did not oppose the prosecution’s bid for the maximum sentence for murder in Victoria.

The matter that exercised the judge’s mind, principally, in considering the sentence was the length of the non-parole period. The standard such period for murder in Victoria is 20 years.

If there’s more than one victim, however, the minimum non-parole period increases to 25 years.

While it’s possible to sentence a murderer to life without parole, it is very unusual.

In 2019, the judge who gave a life sentence to James Gargasoulas, the man who drove down Bourke Street Mall in Melbourne, killing six people, set a non-parole period of 46 years.

What did the judge consider?

The factors taken into account in sentencing relate to the nature of the crime and the personal circumstances of the person convicted.

The final outcome is informed by principles that vary only slightly across Australia’s states and territories.

The main one here, arguably, was denunciation: the sentence needs to reinforce in the public mind the abhorrence of her conduct.

Indeed, there was no plea of guilty, and no remorse from Patterson at any time.

Moreover, when considering a non-parole period, a judge takes into account what is referred to as “proportionality”. This can be a limiting feature where there is lesser culpability, but an exacerbating feature where there are multiple deaths.

One might refer to it colloquially as a person receiving their “just deserts”.

In this instance, the judge was mindful of the fact there were four victims.

He was also mindful of Patterson’s “harsh” prison conditions, telling the court:

you have effectively been held in continuous solitary confinement for the last 15 months and at the very least there is a substantial chance that for your protection you will continue to be held in solitary confinement for years to come.

Deterrence, as a regular feature of the sentencing exercise, in this case becomes a companion to denunciation.

Rehabilitation was always unlikely to have any impact on the sentence, given the life term. There was no submission by defence counsel that his client had a diagnosed mental disorder or would benefit from any form of an ongoing remediation or restorative program.

Huge personal tolls

What dominated the submissions at the pre-sentence hearing in August were the victim impact statements.

In Victoria, such statements have been in place since 1994, but it has only been since 2005 that the court has been required to take account of the impact of the crime on any victim when sentencing.

Only since 2011 have victims been granted the right to read a statement aloud in court or have a nominated representative do so on their behalf.

In the Patterson pre-sentence hearing, the sole survivor of the meal, Ian Wilkinson, read his own statement and described the loss of his wife Heather. He said he felt “only half alive without her”.

Patterson’s estranged husband Simon did not attend the pre-sentence hearing, so his statement was read to the judge by a family member. His children, he wrote:

have […] been robbed of hope for the kind of relationship with their mother that every child naturally yearns for.

The Wilkinsons’ daughter, Ruth Dubois, also addressed the judge with her own statement. She highlighted the wider victims of the crimes, namely medical staff, investigators, shop owners (who had had their names scrutinised), mushroom growers, the health department and taxpayers.

“I am horrified,” she said, “that our family is even associated, through no choice of our own, with such destructive behaviour towards the community”.

Will there be an appeal?

Patterson’s counsel has 28 days in which to appeal. An appeal would either be against conviction or the sentence or both.

In relation to an appeal against conviction, defence counsel would need to establish that the trial judge made a mistake in admitting (or ruling out) certain evidence or failing to properly explain the defence case.

The former, a mistake about evidence, is the more common appeal ground.

Less likely is the latter appeal ground because it would be difficult for defence counsel to assert that his client’s case was given too little regard by the judge, given the amount of time (almost two days) Justice Beale devoted to explaining the defence case to the jury.

When appealing the length of the non-parole period, either counsel can argue the duration was either manifestly inadequate (a prosecution submission) or manifestly excessive (a defence submission). It remains to be seen if either side will pursue this option.

Whatever the case, there would not be too many observers surprised by the judge’s final determination.The Conversation

Rick Sarre, Emeritus Professor in Law and Criminal Justice, University of South Australia and Ben Livings, Associate Professor in Criminal Law and Evidence, University of South Australia

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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