TikTok's legal fight against US ban starts today
TikTok and the US government are set to face off in federal court today, over a legal dispute that could significantly impact the future of the social media platform in America. The case revolves around a law mandating TikTok and its parent company, ByteDance, to sever ties with China or face a potential ban by mid-January. This high-stakes legal battle is anticipated to escalate all the way to the US Supreme Court.
US law: A response to national security concerns
The law in question was signed by President Joe Biden in April, marking the climax of a long-standing debate over TikTok's operations. The US government perceives the app as a potential national security risk due to its ties with China. However, TikTok counters this claim by asserting that the law infringes on First Amendment rights, and mirrors repressive measures often seen in authoritarian nations overseas.
Government highlights data collection and algorithm manipulation
The Justice Department has outlined two primary concerns related to TikTok's operations. The first is the app's extensive data collection, including sensitive user viewing habits that could potentially be accessed by the Chinese government. The second concern revolves around TikTok's proprietary algorithm, which the US alleges could be manipulated by Chinese authorities to influence content on the platform in a way that's difficult to detect.
TikTok refutes data sharing allegations
TikTok has consistently denied sharing US user data with the Chinese government, and maintains that the concerns raised by the US government are unfounded. In legal documents, lawyers for both TikTok and ByteDance have argued that members of Congress sought to penalize the platform based on perceived propaganda. The companies also claimed divestment is not possible and that without judicial intervention to halt the law, they would have to cease operations by January 19.
Reduced functionality and global isolation
TikTok and ByteDance warn that even if divestiture were possible, TikTok in the US would be significantly diminished, losing its innovative technology that personalizes content for each user. They also caution that it would isolate Americans from the global TikTok community. Critics of the law argue a ban could disrupt marketing and retail sectors, as well as impact various content creators who have also filed lawsuits against the government in May.
TikTok's proposed solutions and government's response
During negotiations with the Biden administration two years ago, TikTok proposed a 90-page agreement allowing third-party monitoring of its algorithm and content moderation practices. The company claims to have spent over $2 billion implementing some of these measures voluntarily. However, the deal was not finalized as government officials reportedly abandoned negotiations in August 2022. Justice officials argue that due to TikTok's size and technical complexity, complying with this draft agreement would be unfeasible or require substantial resources.
