TikTok sues US to block law that could ban the social media platform
TikTok and its Chinese parent company ByteDance have sued the U.S. federal government over a law that would ban the popular video-sharing app unless it is sold to another company.
The lawsuit filed Tuesday could set off a protracted legal battle over the future of TikTok in the United States.
The popular social video company claimed that the law, which President Joe Biden signed as part of a larger $95 billion foreign aid package, is so “clearly unconstitutional” that the sponsors of The Protecting Americans From Foreign Adversary Controlled Applications Act are trying to kill it. not as a ban, but as an arrangement for TikTok ownership.
The law requires TikTok’s parent company, ByteDance, to sell the platform within nine months. If a sale is already underway, the company will have another three months to complete the deal. ByteDance has said it has “no plans to sell TikTok.” But even if it wanted to divest, the company would have to get the blessing of Beijing, which has previously resisted a forced sale of the platform and has signaled its opposition this time.
TikTok and ByteDance argued in the lawsuit that there is actually no choice.
“The ‘qualified divestiture’ required by law to allow TikTok to continue operating in the United States is simply not possible: not commercially, not technologically, not legally,” they said.
By law, TikTok will have to shut down on January 19, 2025, according to the lawsuit.
The battle over TikTok comes as U.S.-China relations have shifted toward one of intense strategic rivalry, especially in areas such as advanced technologies and data security, which are considered essential to each country’s economic strength and national security.
U.S. lawmakers from both parties, as well as government and law enforcement officials, have expressed concerns that Chinese authorities could force ByteDance to hand over U.S. user data or influence public opinion by manipulating the algorithm that populates users’ feeds. Some have also pointed to a study from Rutgers University that says TikTok content is amplified or underrepresented based on how it aligns with the interests of the Chinese government, which the company disputes.
Opponents of the law argue that Chinese authorities – or any nefarious parties – could easily obtain information about Americans through other means, including through commercial data brokers that rent or sell personal information. They note that the U.S. government has not provided any public evidence showing that TikTok is sharing U.S. user information with Chinese authorities or tinkering with its algorithm for China’s benefit. They also say attempts to ban the app could violate the right to free speech in the US