US Justice Department Seeks to Uphold Law Requiring ByteDance to Divest TikTok's US Assets

 

The US Justice Department has requested that an appeals court dismiss legal challenges to a law mandating that ByteDance, the Chinese parent company of TikTok, divest its US assets by January 19, or face a potential ban on the popular app. TikTok, along with ByteDance and a coalition of TikTok creators, have filed lawsuits to block this legislation, which could impact the usage of the app by 170 million Americans.

In support of its case, the Justice Department is submitting a classified document that includes additional security concerns regarding ByteDance's ownership of TikTok. This document will feature statements from the FBI, the Office of the Director of National Intelligence, and the department’s national security division, shedding light on the perceived risks associated with Chinese ownership of the app.

The government argues that TikTok's continued Chinese ownership poses a significant national security threat due to its access to extensive personal data on American users. The Justice Department contends that China could potentially exploit TikTok to manipulate information consumed by Americans and access sensitive personal data.

The legislation, signed by President Joe Biden on April 24, gives ByteDance and TikTok until January 19 to complete the divestment process or face a ban. While the White House aims to sever Chinese ownership for national security reasons, it does not necessarily seek an outright ban of TikTok.

The Justice Department disputes TikTok’s claims that the law infringes on First Amendment rights, arguing that the measure is focused on addressing national security concerns rather than restricting free speech. The department maintains that TikTok’s measures to protect US user data have been inadequate in addressing the security risks posed by Chinese ownership.

Oral arguments for the legal challenge are scheduled before the US Court of Appeals for the District of Columbia on September 16, coinciding with the final weeks of the 2024 presidential election campaign.

The debate over TikTok has seen notable political figures weigh in. Republican presidential candidate Donald Trump has expressed opposition to a TikTok ban, despite having signed an executive order threatening such a ban during his presidency in 2020. Meanwhile, US Vice President Kamala Harris, who is also running for president, joined TikTok this week.

The law also includes provisions that prevent app stores like Apple and Google from offering TikTok and prohibit internet hosting services from supporting the app unless ByteDance complies with the divestment requirement. This legislation reflects heightened concerns among US lawmakers about the potential for Chinese surveillance or data access through TikTok, with the measure passing Congress with overwhelming support.