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US Supreme Court upholds law banning TikTok

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US Supreme Court upholds law banning TikTok

The US Supreme Court upheld on Friday a law banning TikTok in the United States on national security grounds if its Chinese parent company ByteDance does not sell the short-video app by Sunday, as the justices in a 9-0 decision declined to rescue a platform used by about half of all Americans.

The justices ruled that the law, passed by an overwhelming bipartisan majority in Congress last year and signed by Democratic President Joe Biden, did not violate the US Constitution’s First Amendment protection against government abridgment of free speech. The justices affirmed a lower court’s decision that had upheld the measure after it was challenged by TikTok, ByteDance and some of the app’s users.

“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement and source of community. But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary,” the court said in the unsigned opinion.

The court added that “we conclude that the challenged provisions do not violate petitioners’ First Amendment rights.”

A statement issued by the White House statement suggested that Biden would not take any action to save TikTok before the law’s Sunday deadline for divestiture. Republican Donald Trump, who opposed a TikTik ban, succeeds Biden on Monday.

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The case pitted free speech rights against national security concerns in the age of social media.

The court said it was giving “substantial respect” to the US government’s national security concerns about China. The justices noted that evidence in the case reflected that China “has engaged in extensive and years-long efforts to accumulate structured datasets, in particular on US persons, to support its intelligence and counterintelligence operations.”

White House Press Secretary Karine Jean-Pierre in a statement reiterated Biden’s position that “TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law.”

Given the timing, Jean-Pierre added, action to implement the law “must fall to the next administration.”

Trump’s team did not immediately respond to requests for comment.

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TikTok also did not immediately respond to a request for comment. TikTok plans to shut US operations of the app on Sunday barring a last-minute reprieve, people familiar with the matter told Reuters on Wednesday.

Without a decision by Biden to formally invoke a 90-day delay in the deadline, companies providing services to TikTok or hosting the app could face legal liability. It is not immediately clear if TikTok’s business partners including Google, Apple and Oracle will continue doing business with it before Trump is inaugurated. The uncertainty leaves open the possibility of a shutdown by TikTok on Sunday.

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The Supreme Court acted speedily in the case, having held arguments on Jan 10, just nine days before the deadline set under the law.

TikTok is one of the most prominent social media platforms in the United States, used by about 270 million Americans, including many young people. TikTok’s powerful algorithm, its main asset, feeds individual users short videos tailored to their liking. The platform presents a vast collection of user-submitted videos, often under a minute in duration, that can be viewed with a smart phone app or on the internet.

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China and the United States are economic and geopolitical rivals, and TikTok’s Chinese ownership for years has raised concerns among American leaders. The TikTok fight has unfolded during the waning days of Biden’s presidency and at a time of rising trade tensions between the world’s two biggest economies.

The Biden administration has said the law targets control of the app by a foreign adversary, not protected speech, and that TikTok could continue operating as-is if it is freed from China’s control.

During arguments in the case, Justice Department lawyer Elizabeth Prelogar said Chinese government control of TikTok poses a “grave threat” to US national security, with China seeking to amass vast quantities of sensitive data on Americans and to engage in covert influence operations. Prelogar said China compels companies like ByteDance to secretly turn over data on social media users and carry out Chinese government directives.

TikTok’s immense data set, Prelogar added, represents a powerful tool that could be used by the Chinese government for harassment, recruitment and espionage, and that China “could weaponize TikTok at any time to harm the United States.”

The law was passed last April. Biden’s administration defended it in court. TikTok and ByteDance, as well as some users who post content on the app, challenged the measure and appealed to the Supreme Court after losing on Dec 6 at the US Court of Appeals for the District of Columbia Circuit.

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Trump’s opposition to the ban represents a reversal in stance from his first term in office when he aimed to prohibit TikTok. Trump has said he has “a warm spot in my heart for TikTok,” opining that the app helped him with young voters in the 2024 election.

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Apple in talks with Barclays Synchrony to replace Goldman in credit card deal

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Apple in talks with Barclays Synchrony to replace Goldman in credit card deal

Apple (AAPL.O) is in talks with Barclays (BARC.L) to replace Goldman Sachs (GS.N) as the tech giant’s credit card partner, said two sources familiar with the matter, as the Wall Street giant steps back from its consumer finance ambitions.

Credit card issuer Synchrony Financial (SYF.N) is also in discussions with Apple about the card partnership, the first source said. Both sources declined to be identified discussing private talks.

Several financial firms are vying to replace Goldman, which launched the credit card with Apple in 2019, the sources said.

While other lenders are tempted by working with Apple, one of the world’s most recognizable brands, they also viewed the original deal terms as risky and unprofitable, sources told Reuters in December 2023.

Negotiations between Apple and Barclays have been ongoing for several months, but it may still take months to strike a deal, the first source said.

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JPMorgan Chase (JPM.N) has also been in talks with Apple about the business since last year, Reuters reported previously.

Representatives for Apple, Goldman, Barclays and JPMorgan declined to comment. Synchrony did not immediately respond to a request for comment.

Goldman’s credit card deal with Apple lasts until 2030, but the partnership may end sooner than that, Goldman CEO David Solomon told analysts on an earnings call on Wednesday.

From the U.S. tightening its grip on chip flows, to how AI was used to make rice art in Thailand, this is AI Weekly.

In 2024, Goldman transferred its General Motors (GM.N) credit card business to Barclays that allows customers to earn and redeem reward points on new Buicks, Cadillacs and other GM cars, including electric vehicles. The deal enabled Barclays to expand its card footprint in the U.S.

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Goldman entered the consumer business nearly a decade ago, aiming to broaden its revenue beyond its traditional mainstays of trading and investment banking. By late 2022, the Wall Street powerhouse decided to scale down its retail ambitions after setting aside billions of dollars to cover potential losses in the business.

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US blacklists Chinese companies over TSMC chips in Huawei processor

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US blacklists Chinese companies over TSMC chips in Huawei processor

The Biden administration added more than two dozen Chinese entities to a U.S. restricted trade list on Wednesday, including Zhipu AI, a developer of large language models, and Sophgo, a company whose TSMC-made chip was illegally incorporated into a Huawei artificial intelligence processor.

The Commerce Department also strengthened controls on the flow of chips to China to better prevent diversion to Huawei.

Zhipu AI, Sophgo and entities linked to them were among 25 China-based companies and two Singapore-based companies added to the U.S. Commerce Department’s Entity List, according to government postings. Companies on the list cannot receive goods or technology exports without a license, which is generally denied.

Zhipu AI, whose investors have included Alibaba (9988.HK) and Tencent (0700.HK) was added for advancing China’s military modernization through advanced AI research.

Sophgo drew attention after a chip found on Huawei’s Ascend 910B multi-chip AI system matched one it ordered from Taiwan Semiconductor Manufacturing Co (2330.TW).

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Huawei was placed on the Entity List in 2019 and is now at the center of China’s AI chip ambitions.

Sophgo is among numerous companies that have been punished for helping Huawei. Late last year, the Commerce Department added other companies viewed as part of Huawei’s shadow network to the restricted trade list.

 

In a statement on its WeChat account late on Wednesday, Zhipu said the decision lacked a “factual basis” and its inclusion would not make a substantial impact on its business as it had mastered large language models’ end-to-end core technology.

Sophgo, an affiliate of bitcoin mining equipment supplier Bitmain, and Huawei did not immediately respond to a request for comment on the latest additions to the Entity List.

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In a statement on its website posted after the initial allegations in October, Sophgo said it “has never been engaged in any direct or indirect business relationship with Huawei.”

The U.S. on Wednesday also tightened rules on exports of semiconductors that can be used for AI.

The new rules follow curbs the U.S. placed on TSMC after discovery of its chip in Huawei’s Ascend 910B multi-chip system. As Reuters exclusively reported, the U.S. in November ordered TSMC to halt shipments of certain advanced chips.

ADDING NEW CONTROLS

The latest regulation adds new controls for chip factories and packaging companies seeking to export certain chips, building on earlier measures aimed at hampering China’s access to chips that could help its military.

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The new restrictions affect chips at 14 or 16 nanometer nodes or below that meet certain parameters and can be used in AI applications, and impact companies beyond TSMC.

A TSMC spokesperson declined comment. Samsung (005930.KS), which also may be affected by the changes, did not immediately respond to a request for comment.

Chipmakers can bypass licensing requirements if certain conditions are met, such as working with trusted chip packagers and approved designers subject to due diligence and reporting obligations.

“We are holding foundries accountable for verifying that their chips are not being diverted to restricted entities,” Commerce official Alan Estevez said in a statement.

The rule also imposes tighter restrictions around a type of memory known as DRAM that is needed to make high bandwidth memory, which is used in AI processors.

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The DRAM change will likely affect goods and technology destined for Chinese memory chip maker Changxin Memory Technologies, also known as CXMT, by imposing controls on more of its facilities, according to chip experts. CXMT did not immediately respond to a request for comment.

Companies are added to the Entity List for activities viewed as contrary to U.S. national security or foreign policy interests.

Besides Zhipu AI, nine other entities were added on Wednesday over military modernization through advanced AI research, most of them also Zhipu entities. One company was listed for helping develop lithography equipment for advanced chip factories in China.

Sixteen companies listed, including the Sophgo units, are related to the development of chips that further China’s advanced weapons systems, weapons of mass destruction and high-tech surveillance applications, and were also targeted because they pose a risk of diversion to Huawei, according to the Commerce Department.

A spokesperson for the Chinese embassy in Washington did not immediately respond to a request for comment.

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Wednesday’s rules are among a slew of export restrictions issued the last weeks of the Biden administration. On Monday, the U.S. put out an ambitious plan to control the development of advanced AI worldwide.

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Microsoft launches Copilot Chat for businesses to boost AI adoption

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Microsoft launches Copilot Chat for businesses to boost AI adoption

Microsoft (MSFT.O) on Wednesday rolled out a chat service allowing businesses to use on-demand AI agents for routine tasks, betting on the pay-as-you-go model to drive up the adoption of the technology.

The free service, Copilot Chat, which uses OpenAI’s GPT-4, lets users create AI agents using natural languages such as English and Mandarin for tasks such as market research, writing strategy documents and preparing for meetings.

However, features including summarizing and transcribing Teams calls and creating PowerPoint slides require a $30 monthly Microsoft 365 Copilot subscription.

Microsoft, like other big technology companies, is under pressure to show returns on its hefty investments in AI, as the software giant is set to spend about $80 billion during its current fiscal year on data centers and AI infrastructure.

After a Gartner report last year raised doubts about Copilot’s adoption, Microsoft has been pushing its uptake.

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In November, Microsoft began allowing customers to create autonomous agents requiring minimal human intervention, a strategy which some analysts say could offer tech companies a simpler path to monetization.

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