TikTok challenges US ban in court, calls it 'unconstitutional'
TikTok and its parent company, ByteDance, have filed an appeal in a US court to overturn a law threatening to ban the app in the United States from January 19. The companies claim that the US government ended settlement talks with ByteDance in 2022. The appeal contests what it describes as the US government's "unconstitutional singling out of TikTok."
ByteDance argues against forced divestiture
The law in question, enacted in April by President Joe Biden, requires ByteDance to sell TikTok's US operations to an American company due to national security concerns. However, ByteDance has stated that such a divestiture is "not possible technologically, commercially, or legally." Per the Chinese tech giant, the technology and algorithms that power TikTok are deeply integrated into the company's global infrastructure. ByteDance also argues that the law deviates from America's tradition of supporting an open internet.
ByteDance warns of 'dangerous precedent'
ByteDance and TikTok warn that the potential ban "sets a dangerous precedent, allowing the political branches to target a disfavored speech platform and force it to sell or be shut down." TikTok's future in the US hangs in the balance as a crucial hearing approaches. The US Court of Appeals for the District of Columbia will hear arguments on September 16 in lawsuits filed by TikTok and ByteDance, as well as TikTok users.
ByteDance questions national security concerns
ByteDance has questioned the national security concerns raised by the US government. It points out that the law "ignores many applications with substantial operations in China that collect large amounts of US user data, as well as the many US companies that develop software and employ engineers in China." The company argues that TikTok poses no imminent national security risk as the law permits it to continue operating through the rest of this year.
ByteDance reveals efforts to protect user data
ByteDance has also publicized a redacted version of a draft national security agreement, to protect US TikTok user data. The company claims it has spent over $2 billion on this effort. The draft agreement includes a "kill switch" provision for the US government to suspend TikTok in the country at its sole discretion, if the company does not comply with the agreement.
