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Federal judge postpones Trump ban on popular app TikTok

28th September 2020
"The ban would have taken effect Sunday at midnight. The company also says that the August 6th order should not apply"

A judge granted a preliminary injunction to video-sharing app TikTok on Sunday, blocking a ban on new downloads in the US that would have gone into effect at midnight. US District Judge Carl Nichols issued his decision to grant a preliminary injunction just after 8 PM ET, but his opinion has been sealed, pending review by the two sides’ attorneys. Nichols did not block “at this time” restrictions by the Commerce Department set to go into effect on November 12th, however.

Attorneys for TikTok argued Sunday morning during a dial-in hearing that a ban by the Trump administration would be “devastating,” and urged a judge to block it until the entire case can be decided. TikTok’s attorney said the ban that would prevent new downloads of TikTok from Apple and Google’s app stores at 11:59 PM ET today was essentially “shutting down speech.” But the government’s lawyers argued that First Amendment claims by TikTok don’t apply, because the Trump administration considers the app a national security risk.

On August 6th, President Trump issued an order saying the security concerns about TikTok and WeChat, both China-based apps, constituted a national emergency. He invoked the International Emergency Economic Powers Act (IEEPA), which lets him ban transactions between US and foreign entities. President Trump then issued an order on August 14th giving ByteDance 90 days to either sell or spin-off its TikTok business in the US. That order is set to go into effect on November 12th and will effectively halt the app’s operations.

On September 18th, the Commerce Department issued an order to block transactions with both TikTok parent company ByteDance and WeChat, effective September 20th.

But on September 19th, a tentative deal was announced that would create a new company, TikTok Global, based in the US and tasked with processing and storage for all US-based TikTok users. Oracle would become TikTok’s trusted security partner under the terms of the deal. Commerce Secretary Wilbur Ross then delayed the ban until September 27th at 11:59 PM.

The app store ban is “arbitrary and capricious,” TikTok attorney John Hall argued Sunday. The company also says that the August 6th order should not apply since IEEPA excludes information and communication technologies.

“This is one of the fastest-growing apps in the world, and those new users are the lifeblood of this business, which is true of any social media platform,” said Hall. “If it disappears from the app stores, the effect would be devastating with respect to users, content, creators, and would damage its reputation with advertisers.”

Lawyers for the US government argued that preventing new users on the app would allow the Commerce Department to address the most serious national security risks. But such a ban would also block existing users from receiving new security updates to the app.

A TikTok spokesperson said in an email to The Verge Sunday night that the company was pleased with the judge’s decision, and said it planned to “maintain our ongoing dialogue with the government to turn our proposal, which the President gave his preliminary approval to last weekend, into an agreement.”

Under Nichols’ order, the two sides must review his sealed opinion to determine whether it can be unsealed, and both sides will meet by September 30th to schedule further proceedings in the case.

source: TheVerge

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Facebook Audience Network and AppsFlyer Launch First-to-Market Campaign-Level In-App Advertising Measurement

3rd June 2020
"AppsFlyer, the global attribution leader, today announced the first-to-market partnership with Facebook Audience Network bringing campaign-level IAA ROAS (return on advertising spend) measurement solution to gaming app developers."

A report in AP states that AppsFlyer, the global attribution leader, today announced the first-to-market partnership with Facebook Audience Network bringing campaign-level IAA ROAS (return on advertising spend) measurement solution to gaming app developers.

By tying the revenue generated by a cohort of users from Facebook Audience Network to the user acquisition source, app developers are able to more precisely optimize their user acquisition strategy, improving ROAS and LTV accuracy. This provides gaming app developers with better tools to acquire quality users, understand the ideal experience for those users, and ensure long-term engagement and revenue.

With the constant growth in the gaming market, greater transparency into in-app revenue is becoming essential for gaming optimization success. AppsFlyer is able to make the connection between the monetization network, the user acquisition channel, and the mobile attribution data. This enables AppsFlyer to tie back the revenue generated to the user acquisition network, thus providing a more holistic, accurate, and complete picture of a customer’s ROI.

Previously, monetization revenue from a user acquisition campaign could only be calculated based on averages, leaving gaming marketers to make decisions with incomplete data. Facebook’s API allows for a more precise measurement of the ad revenue generated by a specific cohort of users, yielding a more accurate calculation.

“Our new campaign-level measurement solution fulfills a critical gap in the market by helping marketers on our platform truly understand if their return on ad spend is both accurate and profitable,” said Mat Harris, Director of Product Management, Facebook Audience Network. “With measurement being the precursor to optimization, together with AppsFlyer, we’ve taken the initiative to create a product that helps game marketers and publishers understand the effectiveness of ad campaigns they run on the Audience Network platform. We’re committed to helping game developers build sustainable businesses and this represents another opportunity to provide them with accurate, granular insight and the right tool to grow and improve their business.”

“We are excited to roll out this collaboration with Facebook Audience Network to bring additional value to our mutual customers,” said Elad Mashiach, Chief Partner Officer, AppsFlyer. “This partnership is providing a significant foundation for marketers, and specifically gaming marketers, to perform precise optimization. These marketers can now leverage their trusted attribution data to acquire the highest quality users and drive greater long-term revenue from each dollar spent.”

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Trump orders Chinese owner of TikTok to sell US assets

15th August 2020
"TikTok said it spent nearly a year trying to engage in good faith with the US government to address these concerns."

President Donald Trump on Friday gave the Chinese company ByteDance 90 days to divest itself of any assets used to support the popular TikTok app in the United States. 

Trump's executive order said there is credible evidence that leads me to believe that ByteDance might take action that threatens to impair the national security of the United States.

Trump last week ordered sweeping but vague bans on dealings with the Chinese owners of TikTok and the messaging app WeChat, saying they are a threat to US national security, foreign policy and the economy.

It remains unclear what the TikTok orders mean for the app's 100 million US users, many of them teenagers or young adults who use it to post and watch short-form videos.

Trump on Friday also ordered ByteDance to divest itself of "any data obtained or derived" from TikTok users in the U.S.

Microsoft is in talks to buy parts of TikTok.

White House press secretary Kayleigh McEnany defended Trump's earlier TikTok and WeChat orders Thursday, telling reporters he was exercising his emergency authority under a 1977 law enabling the president to regulate international commerce to address unusual threats.

The administration is committed to protecting the American people from all cyber threats and these apps collect significant amounts of private data on users, said McEnany, adding that the Chinese government can access and use such data.

TikTok said it spent nearly a year trying to engage in good faith with the US government to address these concerns.

What we encountered instead was that the Administration paid no attention to facts, dictated terms of an agreement without going through standard legal processes, and tried to insert itself into negotiations between private businesses, the company's statement said.

Source: RSS

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Oracle wins TikTok over Microsoft in Trump-urged bid

13th September 2020
"The president said on Aug. 18 that Oracle was “a great company” that “could handle” buying TikTok."

The owner of TikTok has chosen Oracle over Microsoft as the American tech partner that could help keep the popular video-sharing app running in the U.S., according to a source familiar with the deal who was not authorized to speak publicly about it.

Microsoft announced Sunday that its bid to acquire TikTok’s U.S. operations was rejected, removing the tech giant from the running a week before President Donald Trump promises to follow through with a plan to ban the Chinese-owned app in the U.S. over spying concerns.

TikTok and the White House declined to comment Sunday. Oracle didn’t return a request for comment but has previously declined comment.

Walmart, which had planned to partner with Microsoft on the acquisition, said Sunday it “continues to have an interest in a TikTok investment” and is talking about it with ByteDance and other parties.

The Trump administration has threatened to ban TikTok by Sept. 20 and ordered ByteDance to sell its U.S. business, claiming national-security risks due to its Chinese ownership. The government worries about user data being funneled to Chinese authorities. TikTok denies it is a national-security risk and is suing to stop the administration from the threatened ban.

Microsoft said in a Sunday statement that ByteDance “let us know today they would not be selling TikTok’s US operations to Microsoft.

Microsoft added it was “confident our proposal would have been good for TikTok’s users while protecting national security interests.” The company said it “would have made significant changes to ensure the service met the highest standards for security, privacy, online safety, and combating disinformation.

TikTok, which says it has 100 million U.S. users and about 700 million globally, is known for its fun, goofy videos of dancing, lip-syncing, pranks and jokes. It’s recently become home to more political content such as the comedian Sarah Cooper, who drew a large audience by lip-syncing Trump’s own often-disjointed statements from public appearances.

TikTok denies that it has shared user data with the Chinese government or that it would do so if asked. The company says it has not censored videos at the request of Chinese authorities and insists it is not a national-security threat.

TikTok has sued to stop the ban, but not the sale order. The negotiations have been complicated by several factors, including Trump’s repeated demands that the U.S. government should get a “cut” of any deal, a stipulation and role for the president that experts say is unprecedented.

In addition, the Chinese government in late August unveiled new regulations that restrict exports of technology, likely including the artificial intelligence system TikTok uses to choose which videos to spool up to its users. That means ByteDance would have to obtain a license from China to export such technology to a foreign company.

The deal had come together rapidly after the administration ramped up its threats against TikTok this summer, despite TikTok’s efforts to put distance between its app and its Chinese ownership. It installed former Disney executive Kevin Mayer as its American CEO, but he resigned in August after just a few months on the job, saying the “political environment has sharply changed.”

Both Microsoft and Oracle are known more for their business software offerings than for those intended for consumers.

Oracle primarily makes database software. It competes with tech giants such as Microsoft and Amazon that provide cloud services as well as business-software specialists like Salesforce.

Thill suggested that TikTok competitors like Facebook and Snapchat should be “cheering on Oracle” as a buyer because Oracle wouldn’t “add a lot of value to the app.

The president said on Aug. 18 that Oracle was “a great company” that “could handle” buying TikTok. He declined to state his preference between Oracle and Microsoft as buyers.

source: AP

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