TikTok faces potential U.S. ban as federal appeals court upholds divestiture law, citing national security concerns.
But incoming President Trump might be the one to fix it.
At a Glance
- Federal appeals court unanimously upholds law requiring ByteDance to sell TikTok or face U.S. ban
- Law gives TikTok nine months to sever ties with ByteDance or face removal from U.S. app stores
- Concerns include potential data collection and content manipulation by Chinese government
- TikTok plans to appeal to the U.S. Supreme Court, arguing the law is unconstitutional
- Decision emphasizes national security interests over free speech concerns
Court Upholds TikTok Divestiture Law
In a landmark decision, the U.S. Court of Appeals for the District of Columbia Circuit has unanimously upheld a law requiring ByteDance, TikTok’s parent company, to sell the popular social media platform or face a ban in the United States. This ruling marks a significant victory for those concerned about national security risks posed by foreign-owned tech companies, particularly those with ties to China.
The law, signed by President Biden and set to take effect on January 19, gives TikTok a nine-month deadline to sever ties with ByteDance. Failure to comply could result in TikTok’s removal from U.S. app stores and web-hosting services, effectively banning the platform from operating within the country. This aggressive move by the U.S. government underscores the growing tension between national security interests and the global tech industry.
It also means Trump can’t step in until days after the ban comes into effect…making it difficult for him to fix it.
But many believe he will.
National Security Concerns Take Center Stage
At the heart of this legal battle are serious concerns about TikTok’s potential to be used as a tool for data collection and content manipulation by the Chinese government. The U.S. government argues that ByteDance’s ties to China pose a significant threat to American users’ privacy and the integrity of information disseminated through the platform.
“Today’s decision is an important step in blocking the Chinese government from weaponizing TikTok to collect sensitive information about millions of Americans, to covertly manipulate the content delivered to American audiences, and to undermine our national security. As the D.C. Circuit recognized, this act protects the national security of the United States in a manner that is consistent with the Constitution. The Justice Department is committed to defending Americans’ sensitive data from authoritarian regimes that seek to exploit companies under their control,” Attorney General Merrick Garland said.
The court’s decision to prioritize these national security concerns over TikTok’s arguments about free speech sets a precedent that could have far-reaching implications for other foreign-owned tech companies operating in the United States. It’s a clear message that the U.S. government is willing to take drastic measures to protect its citizens’ data and maintain control over the information landscape within its borders.
TikTok’s Response and Future Challenges
TikTok, unsurprisingly, has vowed to fight this ruling. The company plans to appeal to the U.S. Supreme Court, arguing that the law is unconstitutional and based on flawed information about data security concerns. TikTok spokesperson Michael Hughes expressed confidence in their position, stating, “The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue.”
“We conclude the portions of the Act the petitioners have standing to challenge, that is the provisions concerning TikTok and its related entities, survive constitutional scrutiny. We therefore deny the petitions,” Senior Judge Douglas Ginsburg said.
However, the appeals court’s unanimous decision, coupled with strong support from the Justice Department, suggests that TikTok faces an uphill battle. The court’s emphasis on national security and its willingness to give weight to the government’s evaluations in this area may make it difficult for TikTok to successfully argue its case on free speech grounds alone.
Sounds like Trump has some deals to make.
