{"id":27673,"date":"2024-05-08T04:39:37","date_gmt":"2024-05-08T08:39:37","guid":{"rendered":"https:\/\/worldjusticenews.com\/news\/?p=27673"},"modified":"2024-05-08T04:39:37","modified_gmt":"2024-05-08T08:39:37","slug":"tiktok-sues-to-block-us-law-that-could-ban-app","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2024\/05\/08\/tiktok-sues-to-block-us-law-that-could-ban-app\/","title":{"rendered":"TikTok sues to block US law that could ban app"},"content":{"rendered":"<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\"><b class=\"ssrcss-1xjjfut-BoldText e5tfeyi3\">TikTok has filed a lawsuit aiming to block a US law that would ban the video app in the country unless it is sold by its Chinese parent company.<\/b><\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">In the filing, the social media company called the act an &#8220;extraordinary intrusion on free speech rights&#8221; of the company and its 170 million American users.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">It said the US had put forward only &#8220;speculative concerns&#8221; to justify the measure and asked the court to stop it.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">President Joe Biden\u00a0<a class=\"ssrcss-f6h2dj-InlineLink e1kn3p7n0\" href=\"https:\/\/www.bbc.co.uk\/news\/articles\/c87zp82247yo\" target=\"_blank\" rel=\"noopener\">signed the bill into law last month<\/a>, citing national security justifications.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">It followed years of debate in Washington, which has claimed that TikTok&#8217;s Chinese ownership raises the risk that data on US users could fall into the hands of the Chinese government or be used for propaganda.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">TikTok has maintained it is independent of the government, while parent company ByteDance has said it has no plans to sell the business.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">The Chinese government has criticised the law as US &#8220;bullying&#8221; of a foreign firm and signalled it would oppose a sale.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">In a briefing with reporters on Tuesday, White House press secretary Karine Jean-Pierre said the law was &#8220;not a ban. It is a divestment&#8221;.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">She referred further questions to the Department of Justice which declined to comment.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">Under the US law, app stores would be barred from offering TikTok in the US starting in January 2025, unless parent company ByteDance found a buyer. President Biden could extend that deadline by 90 days if talks are making progress.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">In the filing with the DC Circuit Court of Appeals on Tuesday, TikTok said the sale requirement was &#8220;simply not possible: not commercially, not technologically, not legally. And certainly not on the 270-day timeline required by the Act&#8221;.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">It said the measure had unfairly singled out TikTok, creating a \u201ctwo-tiered speech regime with one set of rules for one named platform, and another set of rules for everyone else\u201d.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">It noted that similar attempted bans, including by former president Donald Trump, had met with trouble in US courts.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">The company added that the decision by many politicians, including Mr Biden, to maintain accounts on the app undermined the claims of a security threat.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">The US has in the past restricted foreign ownership of broadcast television and radio stations, which require government licences to access public airwaves.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">TikTok said its business was distinct, and the government could not dictate ownership of &#8220;privately created speech forums&#8221;.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">It said it had spent more than $2bn in an effort to address US concerns, creating safeguards on US data.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">Jacob Helberg, who leads a committee charged by Congress with monitoring the national security implications of US-China trade, said TikTok&#8217;s investments were viewed in Washington as a &#8220;deceptive marketing effort&#8221;.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">He said the lawsuit was &#8220;unserious&#8221; and failed &#8220;to address the national security question at hand&#8221;.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">But Ashley Gorski, a senior staff attorney at the American Civil Liberties Union, said TikTok&#8217;s lawsuit made a persuasive case that the measure was an effective ban, despite White House claims to the contrary, raising free speech concerns.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">&#8220;The government can&#8217;t impose this type of total ban unless it&#8217;s the only way to prevent extremely serious and imminent harm to national security,&#8221; she said.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">&#8220;There is no public evidence of harm that would meet the extraordinarily high bar imposed by the first amendment.&#8221;<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">She said comments by lawmakers, such as US Senator Mitt Romney, who\u00a0<a class=\"ssrcss-f6h2dj-InlineLink e1kn3p7n0\" href=\"https:\/\/www.state.gov\/secretary-antony-j-blinken-at-mccain-institutes-2024-sedona-forum-keynote-conversation-with-senator-mitt-romney\/\" target=\"_blank\" rel=\"noopener\">recently tied<span class=\"visually-hidden ssrcss-1f39n02-VisuallyHidden e16en2lz0\">,\u00a0external<\/span><\/a>\u00a0the widespread support for the measure in Congress to the desire to shape US perceptions of the Israel-Gaza conflict, would make it harder for the US to defend the law.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">But Congressman John Moolenaar, the current leader of the committee that helped to craft the law, said he was confident it would be upheld.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">\u201cCongress and the Executive Branch have concluded, based on both publicly available and classified information, that TikTok poses a grave risk to national security and the American people,&#8221; he said.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">&#8220;It is telling that TikTok would rather spend its time, money, and effort fighting in court than solving the problem by breaking up with the Chinese Communist Party.&#8221;<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">The law aimed at TikTok is part of a number of actions the US has taken against Chinese technology firms in recent years, as tensions rise between the world&#8217;s two biggest economies.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">Separately on Tuesday, the Department of Commerce confirmed it had\u00a0<a class=\"ssrcss-f6h2dj-InlineLink e1kn3p7n0\" href=\"https:\/\/www.bbc.com\/news\/articles\/cgxwpql2e82o\" target=\"_blank\" rel=\"noopener\">revoked permissions that had allowed US companies to export certain goods to Chinese technology giant Huawei<\/a>.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">The US sharply limited exports of items such as computer chips to Huawei starting in 2019, citing ties to the Chinese military.<\/p>\n<p class=\"ssrcss-1q0x1qg-Paragraph e1jhz7w10\">The measures hit the company hard but more recently it appeared to\u00a0<a class=\"ssrcss-f6h2dj-InlineLink e1kn3p7n0\" href=\"https:\/\/www.bbc.co.uk\/news\/business-68486928\" target=\"_blank\" rel=\"noopener\">mount a comeback<\/a>.<\/p>\n<p>Source: <a href=\"https:\/\/www.bbc.co.uk\/news\/articles\/c72pqlgqe4jo\" target=\"_blank\" rel=\"noopener\">bbc.co.uk<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"mh-excerpt\">TikTok has filed a lawsuit aiming to block a US law that would ban the video app in the country unless it is sold by its Chinese parent company. In the filing, the social media <a class=\"mh-excerpt-more\" href=\"https:\/\/worldjusticenews.com\/news\/2024\/05\/08\/tiktok-sues-to-block-us-law-that-could-ban-app\/\" title=\"TikTok sues to block US law that could ban app\">[&#8230;]<\/a><\/div>\n","protected":false},"author":1,"featured_media":24656,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[109,2,3],"tags":[9187,1673,6609,1312,7627,10041],"class_list":{"0":"post-27673","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-headline","8":"category-news","9":"category-usa","10":"tag-bytedance","11":"tag-china","12":"tag-joe-biden","13":"tag-social-media","14":"tag-tiktok","15":"tag-washington-dc-circuit-court-of-appeals","16":"pmpro-has-access"},"_links":{"self":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/27673","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/comments?post=27673"}],"version-history":[{"count":2,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/27673\/revisions"}],"predecessor-version":[{"id":27675,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/27673\/revisions\/27675"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media\/24656"}],"wp:attachment":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media?parent=27673"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/categories?post=27673"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/tags?post=27673"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}