TikTok起诉美国蒙大拿州禁令违法

文摘   2023-05-25 20:00   香港  

据报道,TikTok公司22日对美国蒙大拿州提起诉讼,指控该州州长新近签署的一份禁止在该州区域内下载TikTok软件的法令违法,要求法院推翻该禁令。


中英文对照版本(机器翻译,仅供参考):

TikTok sues Montana over first US state ban

FINANCIAL TIMES

TikTok is suing Montana in an effort to stop the US state from banning it over national security concerns, arguing the move is both “unlawful” and “unconstitutional”.

TikTok 正在起诉蒙大拿州,以阻止美国政府出于国家安全考虑对其实施禁令,称此举既“非法”又“违宪”。


1.unconstitutional/ˌʌnˌkɒnstɪˈtjuːʃən(ə)l/ adj.not allowed by the constitution of a country, a political system or an organization 违背宪法的;违反宪章(或章程)的


The social media app, which is owned by China’s ByteDance, filed the lawsuit in federal court on Monday,just days after Montana’s governor signed into law a first-of-its-kind bill that would from January prohibit app stores from allowing downloads of TikTok in the state. It would also ban the app from operating in the western state, which has a population of about 1.1mn.

由中国字节跳动拥有的社交媒体应用程序于周一在联邦法院提起诉讼,就在几天前,蒙大拿州州长签署了一项史无前例的法案,该法案将从 1 月起禁止在该州应用商店允许下载 TikTok。它还将禁止该应用程序在拥有约 110 万人口的西部州运营。


2.first-of-its-kind 史无前例的


3.sign into law 签署成为法律


The proposed ban comes as governments and regulators globally have raised fears ... to be wielded for *** purposes. In particular, TikTok has become a flashpoint in rising tensions ***, where it has 150mn users, with Washington calling on the short-form video app to divest from its Chinese parent or face a federal ban.


4.wield/wiːld/ v.1)to have and use power, authority, etc. 拥有,运用,行使,支配(权力等)

例:She wields enormous power within the party. 她操纵着党内大权。

2)to hold sth, ready to use it as a weapon or tool 挥,操,使用(武器、工具等)

例:He was wielding a large knife. 他挥舞着一把大刀。


5.flashpoint n.a situation or place in which violence or anger starts and cannot be controlled (暴力或愤怒的)一触即发,危机即将爆发的地点

eg:Tension in the city is rapidly reaching flashpoint. 这座城市处于紧张状态,大有一触即发之势。


6.divest/daɪˈvest/ v.1)~ sb/yourself of sth to remove clothes 使(某人)脱去(衣服)

eg:He divested himself of his jacket. 他脱去了短上衣。

2)~ yourself of sth to get rid of sth 处理掉;丢弃

eg:The company is divesting itself of some of its assets. 公司正在处理掉它的部分资产。

3)~ sb/sth of sth to take sth away from sb/sth 使解除;使摆脱

eg:After her illness she was divested of much of her responsibility. 她生病后便给解除了许多责任。


In Monday’s lawsuit, TikTok argued the Montana/law/violated/its/first/amendment/rights/to free speech, and the alleged national security concerns used to justify the ban were matters of “exclusive federal concern”.

在周一的诉讼中,TikTok 辩称蒙大拿州的法律侵犯了其第一修正案的言论自由权,而用来证明禁令合理的所谓国家安全问题是“联邦政府唯一关注的问题”。


7.amendment/əˈmendmənt/ n.1)~ (to sth) a small change or improvement that is made to a law or a document; the process of changing a law or a document (法律、文件的)改动,修正案,修改,修订

eg:to introduce/propose/table an amendment (= to suggest it) 提出一项修正案

2)Amendment [C]a statement of a change to the Constitution of the US (美国宪法的)修正案

eg:The 19th Amendment gave women the right to vote. 第19条修正案赋予妇女选举权。


The company also said the ban was in violation of US rules on foreign and interstate commerce and in effect an unconstitutional “bill of attainder” — a piece of legislation that declares a group guilty of a crime without a trial.

该公司还表示,该禁令违反了美国关于外国和州际贸易的规定,实际上是一项违宪的“剥夺公民权法案”——一项未经审判就宣布某一团体有罪的立法。


8.attainder/əˈteɪndə(r)/ n.(被判处死刑或宣告不受法律保护的重罪犯)被剥公民权利


“The state has enacted these extraordinary and unprecedented measures based on nothing more than unfounded speculation,” it said in the lawsuit.

“国家采取这些非常规和前所未有的措施只不过是基于毫无根据的猜测,”它在诉讼中说。


9.enact/ɪˈnækt/ v.1) [often passive] (law 律) to pass a law 通过(法律)

例:legislation enacted by parliament 由议会通过的法律

2)[often passive] to perform a play or act a part in a play 扮演;担任…角色;演出

例:scenes from history enacted by local residents 由当地居民参加演出的历史场面

3)(be enacted) to take place 发生;进行;举行

例:They seemed unaware of the drama being enacted a few feet away from them. 他们对于正在咫尺之外上演的戏剧性事件似乎浑然不知。


10.nothing more than 仅仅;只不过


11.unfounded/ʌnˈfaʊndɪd/ adj.not based on reason or fact 莫须有的;无端的;没理由的;不依据事实的

eg:unfounded allegations/rumours, etc. 缺乏依据的指称、无中生有的谣言等


Under the Montana law, TikTok and the app stores, such as Apple and Google, could face fines of $10,000 per violation per day if they do not comply.

根据蒙大拿州的法律,如果 TikTok 和苹果、谷歌等应用商店不遵守规定,它们将面临每天 10,000 美元的罚款。


Last week a group of TikTok creators filed their own lawsuit challenging the law on first amendment grounds.

上周,一群 TikTok 创作者以第一修正案为由提起了自己的诉讼,对该法律提出质疑。


The lawsuit sets up a potential court battle over free speech, even after TikTok attempted to distance itself from its parent company by spending more than $1.5bn on “Project Texas”, a corporate restructuring plan to safeguard user data and content from Chinese influence.

即使在 TikTok 试图通过在“德克萨斯计划”上花费超过 15 亿美元来与其母公司保持距离之后,这起诉讼仍可能引发一场关于言论自由的法庭斗争,这是一项旨在保护用户数据和内容免受中国影响的企业重组计划。


Negotiations over the deal have stalled, however, and earlier this year, the US government threatened to ban TikTok if its Chinese owners do not sell their stake.

然而,有关该交易的谈判陷入僵局,今年早些时候,美国政府威胁称,如果 TikTok 的中国所有者不出售他们的股份,美国政府将禁止 TikTok。


12.stall v.1)If you stall, you try to avoid doing something until later. 拖延

例:Thomas had spent all week stalling over his decision. 托马斯花了整周的时间迟迟不做决定。

2) If a process stalls, or if someone or something stalls it, the process stops but may continue at a later time. 使暂停; 暂停

例:The Social Democratic Party has vowed to try to stall the bill until the current session ends. 该社会民主党已立誓设法暂停该议案直至当前会议结束。

3)If you stall someone, you prevent them from doing something until a later time. 拖住 (某人)

例:The shop manager stalled the man until the police arrived. 那个商场经理把那人拖住直到警察赶到。

4)If a vehicle stalls or if you accidentally stall it, the engine stops suddenly. 使 (发动机) 突然熄火; (发动机) 突然熄火

例:The engine stalled. 发动机突然熄火了。


Former president Donald Trump in 2020 sought to ban the app in the US, but the attempt was halted by the courts. TikTok has more recently been banned from government devices in the US, UK, Canada and the EU.

前总统唐纳德特朗普在 2020 年试图在美国禁止该应用程序,但该尝试被法院叫停。TikTok 最近被美国、英国、加拿大和欧盟的政府设备禁止使用。


“We are challenging Montana’s unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana,” a TikTok spokesperson said on Monday. “We believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts.”

“我们正在挑战蒙大拿州违宪的 TikTok 禁令,以保护我们的业务和蒙大拿州数十万 TikTok 用户,”TikTok 发言人周一表示。“我们相信,基于极其强大的先例和事实,我们的法律挑战将占上风。”


13.prevail v.1)~(in/among sth) to exist or be very common at a particular time or in a particular place 普遍存在;盛行;流行

例:We were horrified at the conditions prevailing in local prisons. 地方监狱的普遍状况让我们震惊。

2)~(against/over sth) (of ideas, opinions, etc. 思想、观点等) to be accepted, especially after a struggle or an argument 被接受;战胜;压倒

例:Justice will prevail over tyranny. 正义必将战胜暴虐。

3)~(against/over sb) to defeat an opponent, especially after a long struggle (尤指长时间斗争后)战胜,挫败


14.exceedinglyadv.extremely;very;very much极其;非常;特别


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原文:

TikTok sues Montana over first US state ban

FINANCIAL TIMES

TikTok is suing Montana in an effort to stop the US state from banning it over national security concerns, arguing the move is both “unlawful” and “unconstitutional”.

The social media app, which is owned by China’s ByteDance, filed the lawsuit in federal court on Monday,just days after Montana’s governor signed into law a first-of-its-kind bill that would from January prohibit app stores from allowing downloads of TikTok in the state. It would also ban the app from operating in the western state, which has a population of about 1.1mn.

The proposed ban comes as governments and regulators globally have raised fears that .... In particular, TikTok has become a flashpoint ***, where it has 150mn users, with Washington calling on the short-form video app to divest from its Chinese parent or face a federal ban.

In Monday’s lawsuit, TikTok argued the Montana law violated its first amendment rights to free speech, and the alleged national security concerns used to justify the ban were matters of “exclusive federal concern”.

The company also said the ban was in violation of US rules on foreign and interstate commerce and in effect an unconstitutional “bill of attainder” — a piece of legislation that declares a group guilty of a crime without a trial.

“The state has enacted these extraordinary and unprecedented measures based on nothing more than unfounded speculation,” it said in the lawsuit.

Under the Montana law, TikTok and the app stores, such as Apple and Google, could face fines of $10,000 per violation per day if they do not comply.

Last week a group of TikTok creators filed their own lawsuit challenging the law on first amendment grounds.

The lawsuit sets up a potential court battle over free speech, even after TikTok attempted to distance itself from its parent company by spending more than $1.5bn on “Project Texas”, a corporate restructuring plan to safeguard user data and content from Chinese influence.

Negotiations over the deal have stalled, however, and earlier this year, the US government threatened to ban TikTok if its Chinese owners do not sell their stake.

Former president Donald Trump in 2020 sought to ban the app in the US, but the attempt was halted by the courts. TikTok has more recently been banned from government devices in the US, UK, Canada and the EU.

“We are challenging Montana’s unconstitutional TikTok ban to protect our business and the hundreds of thousands of TikTok users in Montana,” a TikTok spokesperson said on Monday. “We believe our legal challenge will prevail based on an exceedingly strong set of precedents and facts.”


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