TikTok told a federal appeals court Thursday that the U.S. Justice Department misrepresented the app’s ties to China, urging the court to strike down a law requiring China-based ByteDance to sell TikTok’s U.S. assets or face a ban.
TikTok denies US government accusations
In its lawsuit seeking to overturn the law that would have forced it to sell its social network, TikTok claims the Justice Department made factual errors. Department lawyers said last month that the app poses a national security risk by allowing the Chinese government to collect Americans’ data and surreptitiously manipulate the content they view.
But TikTok denied those allegations on Thursday. The company said it is indisputable that its content recommendation engine and user data are stored in the United States on cloud servers operated by Oracle, and that content moderation decisions affecting American users are made on American soil.
A controversial law and a legal battle
Signed by President Joe Biden on April 24, the law gives ByteDance until January 19 to sell TikTok or face a ban. The White House wants to end Chinese ownership for national security reasons, but not ban the app entirely. But if TikTok is not sold to an American player, the network will no longer be able to operate in the United States.
The appeals court will hold hearings on the legal challenge on September 16, putting the question of TikTok’s fate in the final weeks before the November 5 presidential election. Ironically, both presidential candidates, Republican Donald Trump and Democrat Kamala Harris, are both (very) active users of TikTok as part of their campaign strategy.
A defense based on freedom of expression
TikTok argues that the law would deprive it of its free speech rights, objecting to the Justice Department’s claim that the app’s content decisions are “the speech of a foreigner” and are not protected by the U.S. Constitution. The company said:
By the government’s logic, an American newspaper that republishes content from a foreign publication – Reuters, for example – would have no constitutional protection.
The legal battle highlights growing tensions between the United States and China over technology and data protection. While TikTok denies any improper ties to the Chinese government, distrust persists in Washington. The outcome of the lawsuit will have major implications for the future of one of the world’s most popular apps, particularly among young people.
