TikTok and its Chinese parent company ByteDance urged a U.S. court to overturn a law that could lead to TikTok being banned in the United States by January 19. The law, signed by President Joe Biden in April, requires ByteDance to sell TikTok’s U.S. operations or face a ban. ByteDance argues that selling TikTok’s U.S. assets is not feasible due to technological, commercial, and legal reasons.
The U.S. Court of Appeals for the District of Columbia will hear arguments on September 16 from TikTok, ByteDance, and TikTok users who are challenging the law. The outcome of the case could affect how the U.S. government regulates foreign-owned apps.
ByteDance and TikTok argue that the law breaks from the U.S. tradition of supporting an open internet and sets a dangerous precedent by allowing the government to target and potentially shut down platforms it disfavors. They contend that the law unfairly singles out TikTok and violates Americans’ free speech rights.
The law was passed amid concerns among U.S. lawmakers about potential data access by China through TikTok, despite arguments from TikTok users that there are no immediate national security threats. They point out that the law allows TikTok to operate through the end of the year, including during critical events like elections.
TikTok also criticizes the law for not addressing other apps with significant operations in China that collect U.S. user data, or U.S. companies that operate in China.
