The law signed by US President Biden in April 2024 mandates that ByteDance, TikTok’s Chinese parent company must sell its US operations to a non-Chinese owner by January 19, 2025. Failure to do so would result in app stores and web hosting services being required to cease their support of TikTok within the United States.
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In April 2024, President Joe Biden signed a law that could ban TikTok nationwide if ByteDance does not divest its ownership by January 2025.
TikTok and ByteDance argue that this law is unconstitutional as it violates First Amendment rights restricting free speech and access to information for 170 million US users.
The DOJ argues that the law is not about limiting speech but addressing legitimate national security threats. They claim TikTok’s ties to China could enable covert interference in US elections and manipulate political discourse.
The DOJ contends that TikTok is misapplying the First Amendment, as the statute focuses on security risks related to foreign ownership, not on suppressing speech.
The DOJ warns that TikTok’s algorithm could be used for secret manipulation to influence American political views.
TikTok has been known to engage in heating, where specific videos are artificially promoted to gain views, which could be exploited for political manipulation.
TikTok allegedly collects vast amounts of data including precise locations, viewing habits and personal messages, which could be used to influence future US policy-makers or family members of government employees.
TikTok gathers sensitive user data including teenagers’ information, which poses security concerns. The DOJ highlights TikTok’s use of the Lark system to facilitate communication between US and China-based employees allowing sensitive US user data to be accessible in China.
Under Chinese national security laws companies can be compelled to provide data to the government. TikTok’s $1.5 billion mitigation plan, Project Texas, aimed to protect US user data by storing it on Oracle-owned servers.
TikTok argues the law infringes on First Amendment rights by silencing 170 million American voices and preventing them from engaging with a global community.
TikTok claims that US law discriminates based on viewpoints citing criticisms from lawmakers regarding the app’s alleged bias on issues like the war in Gaza.
The DOJ insists the law targets national security threats, not protected speech addressing that foreign entities like ByteDance aren’t covered by the First Amendment.
The filing includes national security declarations from intelligence officials, asserting the law’s constitutionality and the necessity of addressing foreign influence risks.
The US government asserts that TikTok poses a national security threat due to its ability to collect vast amounts of personal data from American users. This includes detailed information like locations, viewing habits, private messages and phone contacts.
The Justice Department argues that the Chinese government could exploit TikTok to manipulate content and spread propaganda.
The department claims that the app’s algorithm, which is under Chinese influence could be altered to control what American users see and engage with.
According to Casey Blackburn, an assistant director of national intelligence, TikTok and ByteDance have previously responded to Chinese government demands to censor content outside China.
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In May, TikTok filed a lawsuit challenging the constitutionality of the new law, arguing that a forced sale or ban would violate the First Amendment rights of its US users.
The company also addressed its efforts to address security concerns by offering to store all US data domestically and have an American company oversee its algorithm.
The Justice Department has responded by filing a classified document detailing additional security concerns.
The government insists that the law addresses national security threats, not freedom of speech and addresses that TikTok’s ties to China present undeniable risks.
The case is being heard by the US Court of Appeals for the District of Columbia Circuit with oral arguments scheduled for September 16, 2024.
Alex Haurek, a TikTok spokesperson criticized the government’s lack of transparent evidence stating, “the government has never put forth proof of its claims, including when Congress passed this unconstitutional law.”
Anupam Chander, a visiting scholar at Harvard pointed out that the government’s lack of public evidence makes it difficult for Americans to understand the alleged dangers of TikTok.
The issue has also become a political hot potato with former President Donald Trump joining TikTok and opposing the ban despite having threatened it during his presidency.
Vice President Kamala Harris joined TikTok, highlighting the app’s influence and complexity in political circles.
In 2020, President Trump ordered ByteDance to sell TikTok’s US operations or face a ban, but the order was blocked by federal courts.
Montana passed a law attempting to ban TikTok within the state, citing security threats. A federal judge blocked this ban indicating that such actions may violate the First Amendment.
Some state governments have enacted narrower bans such as prohibiting TikTok on state government devices and networks.
Texas successfully implemented such a measure, although it faced challenges related to academic freedom and research.
Some say that the law infringes on free speech by limiting Americans’ access to a platform for expression.
TikTok creators, funded by the company have filed a separate lawsuit claiming that the law violates their First Amendment rights.
TikTok contends that a ban would harm small businesses and creators who rely on the platform for marketing and income generation. The app has become a vital tool for many entrepreneurs and influencers in the US.
TikTok argues that selling its US operations within the 270-day timeline is unrealistic.
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