• Maggoty@lemmy.world
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    6 months ago

    The company having to appeal in court is not due process. It’s not due process if you break a law and it’s not due process if they break a law. If you think the FTC making a declaration is due process then remember Ajit Pai and net neutrality. The rulings of those agencies can swing wildly between administrations. So right now it’s ByteDance. But in the cursed world where the GOP gets this power it’s whatever organization they don’t like. Ever wonder if this could be used against a Union? They’ve wondered. And without a need for real evidence, (citing secret intelligence reports is also precedent), they don’t even need to get an infiltrator into the Union’s administration.

    The courts are not the constitutional safety valve you want them to be. They’ve proven that time and time again. Rights require the people themselves to defend them. If you’re in any doubt of that check out the difference between how we treat the 4th amendment and the 2nd amendment. And then realize SCOTUS ruled that police aren’t soldiers because words (police didn’t exist in 1792), and as such the 3rd amendment is a dead letter.

    As to your example, The FTC had to have the DOJ file charges in court. So even in the example you found, they are using due process. This power is new, overly broad, and unconstitutional.

      • Maggoty@lemmy.world
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        6 months ago

        Not after the fact. They are due process when the government has to prove it’s case before it can take punitive action. If the government is allowed to take punitive action without going to court to prove it’s needed than there is no due process.

        Why is that so hard to understand?

          • Maggoty@lemmy.world
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            6 months ago

            You realize the ticket is actually a court date right? Most people just choose to plead guilty and pay the fine.

              • Maggoty@lemmy.world
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                6 months ago

                This isn’t a fine. And there’s no requirement to file charges in court and prove data is being mishandled.

                • FiniteBanjo@lemmy.today
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                  6 months ago

                  If we’re being semantic this isn’t an anything because the only thing it says is that the FTC can do FTC things to any company that sends data to an adversarial nation.