- tech360.tv
TikTok Takes Legal Action to Prevent US Ban
TikTok and ByteDance file a lawsuit against the US to block a law that could ban TikTok in the country. The law requires TikTok to be sold to an approved buyer within nine months. TikTok argues that the law unfairly singles out the platform and violates free speech rights.
The law, which requires TikTok to be sold to an approved buyer, is being challenged on the grounds that it unfairly targets the platform and violates free speech rights.
ByteDance argues that the law portrays TikTok's ownership as a national security threat without any evidence to support such claims. The company asserts that this is an unprecedented attack on free speech and that the law is clearly unconstitutional. The lawsuit has been filed in a Washington appeals court.
This law, signed by President Joe Biden as part of a larger foreign aid package, marks the first time a social media company has been singled out for a potential ban in the United States. Critics argue that such actions are typically associated with repressive regimes like Iran and China. The legal battle over TikTok's future in the US could potentially reach the Supreme Court, and if TikTok loses, it may be forced to shut down next year.
Under the law, ByteDance is required to sell TikTok to a US-approved buyer within nine months. If a sale is already in progress, the company will have an additional three months to complete the deal. ByteDance has stated that it has no plans to sell TikTok, but even if it wanted to, it would need approval from the Chinese government. The lawsuit claims that the Chinese government has made it clear that ByteDance cannot include the algorithm that powers TikTok's user feeds, which has been crucial to its success in the US.
TikTok and ByteDance argue that the law leaves them with no choice but to shut down by January 19th of next year. They claim that continuing to operate in the US would not be commercially, technologically, or legally feasible. They also argue that divesting the US TikTok platform from the rest of the company would be a technological impossibility, as it would require separating millions of lines of software code.
The companies are seeking protection under the First Amendment's guarantee of freedom of expression and are requesting a declaratory judgment that the law is unconstitutional. The Justice Department and the White House have declined to comment on the lawsuit.
In the midst of the broader US-China rivalry, concerns have been raised about Chinese authorities potentially accessing US user data through TikTok or manipulating the platform's algorithm. However, opponents of the law argue that there is no public evidence to support these claims and that banning TikTok is not the solution to privacy concerns.
TikTok's lawsuit is expected to face challenges, as the bipartisan nature of the law may lead judges to defer to the Congressional determination that the company poses a national security risk. However, critics argue that without a clear discussion of the risks involved, it is difficult to justify such an unprecedented law.
TikTok and ByteDance file a lawsuit against the US to block a law that could ban TikTok in the country.
The law requires TikTok to be sold to an approved buyer within nine months.
TikTok argues that the law unfairly singles out the platform and violates free speech rights.