The U.S. Department of Justice has formally requested that a federal appeals court dismiss legal challenges against a law mandating that ByteDance, the Chinese parent company of TikTok, divest its U.S. assets by January 19, 2024, or face a ban on the popular social media app. The DOJ emphasized the significant national security risks posed by TikTok, asserting that the app enables the Chinese government to undermine U.S. security through two primary mechanisms: data collection and covert manipulation of content.
In response to the law, TikTok, along with ByteDance and a coalition of TikTok creators, has initiated lawsuits aimed at blocking the enforcement of this legislation, which could potentially affect the app’s 170 million American users. The DOJ’s filing outlines extensive national security concerns regarding ByteDance’s ownership of TikTok, highlighting that China’s long-term geopolitical strategy includes the development and positioning of assets that can be utilized at strategic moments.
The government contends that the U.S. is not obligated to wait for a foreign adversary to take harmful actions before addressing perceived threats. In support of its position, the DOJ is submitting a classified document to the court that will elaborate on additional security concerns related to ByteDance’s ownership of TikTok. This document will also include statements from the FBI, the Office of the Director of National Intelligence, and the National Security Division of the Justice Department.
The DOJ argues that TikTok, under Chinese ownership, represents a serious national security threat due to its access to vast amounts of personal data from American users. The department claims that this data could be exploited by the Chinese government to manipulate the information that Americans consume through the app. TikTok has consistently denied allegations that it would share U.S. user data with China, and the company did not provide an immediate comment on the DOJ’s recent filing.
The law, which was signed by President Joe Biden on April 24, 2023, stipulates that ByteDance must divest TikTok by January 19, 2024, or face a ban. The White House has expressed its desire to eliminate Chinese ownership of TikTok on national security grounds, while clarifying that it does not seek to ban the app outright.
In its response to TikTok’s legal arguments, the DOJ dismissed claims that the law infringes on the First Amendment rights of American users of the app. The department maintains that the law is focused on addressing national security issues rather than free speech concerns, specifically targeting China’s potential to exploit TikTok for access to sensitive personal information of Americans. The government has also stated that TikTok’s measures to safeguard U.S. user data are inadequate.
The U.S. Court of Appeals for the District of Columbia is scheduled to hear oral arguments regarding the legal challenge on September 16, 2024. This timing places the fate of TikTok in a politically charged environment, coinciding with the final weeks leading up to the 2024 presidential election.
Notably, Republican presidential candidate Donald Trump has joined TikTok and expressed in a June interview that he would not support a ban on the app. Meanwhile, Vice President Kamala Harris, who is also running for president, recently joined TikTok as well.
The law prohibits app stores, including those operated by Apple and Alphabet’s Google, from offering TikTok and restricts internet hosting services from supporting the app unless it is divested by ByteDance. This legislative action has been driven by concerns among U.S. lawmakers that China could potentially access sensitive data on American citizens or utilize the app for espionage.
The measure received overwhelming support in Congress shortly after its introduction, reflecting the urgency with which lawmakers view the potential risks associated with TikTok’s Chinese ownership. The DOJ’s filing and the ongoing legal battles underscore the contentious nature of the debate surrounding TikTok and its implications for national security, free speech, and the broader geopolitical landscape.
As the legal proceedings unfold, the outcome will not only determine the future of TikTok in the U.S. but may also set a precedent for how foreign-owned technology companies are regulated in the context of national security concerns. The stakes are high, with millions of American users and significant political implications at play.
Source: Reuters
