TikTok has launched a legal battle against a law signed by President Joe Biden that aims to ban the app in the United States unless its parent company, ByteDance, sells it to an American owner. The law, known as the Protecting Americans From Foreign Adversary Controlled Applications Act, would require ByteDance to divest TikTok within 270 days or face removal from app stores nationwide. TikTok has filed a lawsuit against the law, claiming that it is unconstitutional and violates its First Amendment rights, as well as the free speech rights of 170 million Americans.
The new law comes after years of national security concerns about TikTok being used for surveillance and manipulation by Chinese-based ByteDance. TikTok has dismissed these concerns as speculative and flawed, stating that such risks are not enough to justify banning the platform when First Amendment values are at stake. TikTok also argues that shuttering the app would harm the American economy, and the company’s lawyers are preparing to push back against the ban. TikTok’s petition highlights several key points, including Biden’s use of TikTok and the challenges of divesting the app from ByteDance.
TikTok asserts that divesting the app to allow it to continue operating in the US is not feasible commercially, technologically, or legally. Experts and former TikTok employees agree that separating TikTok from ByteDance would be nearly impossible due to the intertwined nature of the two businesses. TikTok also argues that American social media companies face similar data security and misinformation risks as TikTok, suggesting that the law unfairly targets the app. The law’s broad scope would impact all ByteDance-owned apps and content, not just TikTok, which TikTok claims is overreaching and unnecessary.
TikTok suggests that there are better ways to address national security concerns surrounding the app, such as negotiating an agreement with the Committee on Foreign Investment in the U.S. TikTok had been in talks with CFIUS since 2019 but those discussions ceased in 2022. TikTok believes that a negotiated agreement would be a less severe and more effective approach than an outright ban. The company also argues that Congress could have pursued industry-wide regulations or privacy laws to address data security and content integrity issues instead of targeting TikTok specifically.
As the legal battle between TikTok and the US government unfolds, the future of the app in the US remains uncertain. TikTok’s challenge to the ban highlights the complexities of balancing national security concerns with free speech rights and economic interests. It remains to be seen how the courts will rule on TikTok’s lawsuit and whether alternative solutions will be explored to address the ongoing national security concerns surrounding the app.
