TikTok says US ban is inevitable without a court order blocking law

TikTok and its Chinese parent company, ByteDance, have made a plea to a U.S. court to nullify a law that will ban the popular short video app in the United States starting January 19, 2024. They argue that the U.S. government has refused to engage in meaningful settlement discussions since 2022.

In April, President Joe Biden signed legislation requiring ByteDance to divest TikTok’s U.S. assets by January 19, or face a ban. ByteDance contends that such a divestiture is “not possible technologically, commercially, or legally.”

The U.S. Court of Appeals for the District of Columbia is set to hear oral arguments on September 16 regarding lawsuits from TikTok, ByteDance, and TikTok users. The outcome of this case will be pivotal for TikTok’s future in the U.S., influencing the government’s ability to regulate foreign-owned apps.

ByteDance and TikTok assert that the law marks a significant shift from the U.S.’s tradition of supporting an open Internet and sets a dangerous precedent by targeting a specific platform. They claim it forces TikTok to either sell or shut down, violating Americans’ free speech rights.

TikTok users’ lawyers argue that the law infringes on free speech, highlighting that it allows TikTok to operate through the year, even during a crucial election period.

TikTok argues that even if divestiture were feasible, it would take years to complete, and the law unjustly targets TikTok while ignoring other apps with significant operations in China that also collect U.S. user data.

ByteDance revealed prolonged negotiations with the U.S. government that ended abruptly in August 2022. They also disclosed a redacted draft national security agreement aimed at protecting U.S. TikTok user data, in which the U.S. government would have a “kill switch” to suspend TikTok if compliance issues arose.

TikTok lawyers criticized the current administration for preferring to shut down TikTok rather than working on a practical solution to protect U.S. users. The Justice Department, while declining to comment on specific communications, defended the legislation, stating it addresses national security concerns within constitutional limits.

The battle

This legal battle follows a similar situation in 2020, when then-President Donald Trump’s attempt to ban TikTok and WeChat was blocked by the courts. The current administration aims to end Chinese ownership of TikTok on national security grounds without necessarily banning the app. Recently, Trump joined TikTok and has voiced concerns about a potential ban.

The law also impacts app stores and internet hosting services, prohibiting them from offering or supporting TikTok unless it is divested by ByteDance.