TikTok faces legal battle over potential US ban
The US Congress passed the law over national security concerns, fearing China could access American data through the app. A three-judge panel will hear the case.
TikTok and its parent company ByteDance are locked in a high-stakes legal battle with the US government to prevent a looming ban on the app, used by 170 million Americans. The legal confrontation revolves around a US law that mandates ByteDance divest its US assets by 19 January or face a complete ban. Lawyers for TikTok argue that the law violates free speech and is an unprecedented move that contradicts America’s tradition of fostering an open internet. A federal appeals court in Washington recently heard arguments from both sides, with TikTok’s legal team pushing for an injunction to halt the law’s implementation.
The US government, represented by the Justice Department, contends that TikTok’s Chinese ownership poses a significant national security threat, citing the potential for China to access American user data or manipulate the flow of information. This concern is at the core of the new legislation passed by Congress earlier this year, highlighting the risks of having a popular social media platform under foreign control. The White House, while supportive of curbing Chinese influence, has stopped short of advocating for an outright ban.
ByteDance maintains that divesting TikTok is neither technologically nor commercially feasible, casting uncertainty over the app’s future as it faces potentially severe consequences amid a politically charged environment.
The case comes at a pivotal moment in the US political landscape, with both presidential candidates, Donald Trump and Kamala Harris, actively using TikTok to engage younger voters. The judges expressed concerns over the complexities involved, especially with monitoring the massive codebase that powers TikTok, making it difficult to assess risks in real-time. As the legal wrangling continues, a ruling is expected by 6 December, and the case may eventually reach the US Supreme Court.
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