TikTok and ByteDance File Lawsuit Against Justice Department Over U.S. Ban Threat

On Tuesday, May 7, TikTok and its parent company, ByteDance, filed a lawsuit against the U.S. Justice Department over a new law that requires the platform to sever ties with its China-based owner within a year. Failure to comply would result in an effective ban on TikTok in the United States.

The petition, filed in federal court in Washington, D.C., alleges that the new law signed by President Biden last month is unconstitutional. It claims that the law violates the First Amendment rights of TikTok's U.S. users by effectively shutting down their access to the popular forum.

The petition was filed with the U.S. Court of Appeals for the District of Columbia Circuit, seeking to block Attorney General Merrick Garland from enforcing the measure. TikTok and ByteDance are the plaintiffs in the suit, which is filed against Garland.

Foreign Aid Package Provision

The lawsuit comes in response to a provision in a foreign aid package passed by Congress last month, requiring ByteDance to sell its stake in TikTok within a year. Failure to do so would result in TikTok losing access to app stores and web-hosting providers, effectively cutting it off from its approximately 170 million users in the U.S.

TikTok emphasized that the divestiture required by the law within a 270-day timeline, subject to a 90-day extension by the president, is "simply not possible." The company also pointed to the Chinese government's opposition to selling the technology that has made TikTok popular in the U.S., particularly its recommendation engine.

TikTok stated that "Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than 1 billion people worldwide."

National Security Concerns

The lawsuit comes after TikTok came under scrutiny by Congress over concerns about the app's ties to China. U.S. officials have expressed worries that the video-sharing platform poses a threat to national security, raising fears that the Chinese government could use it to spy on Americans or manipulate content to influence the public.

Response from Lawmakers

FBI Director Christopher Wray highlighted the potential risk, stating that the Chinese government could use TikTok's software to gain access to Americans' phones. Lawmakers from both parties have expressed similar concerns, with Rep. John Moolenaar stating that TikTok "poses a grave risk to national security and the American people."

TikTok pointed to its efforts to safeguard U.S. user data and the integrity of its platform from foreign government influence through an initiative called "Project Texas," launched in 2022. The company also revealed its involvement in negotiations with the Committee on Foreign Investment in the United States, including a "shut-down option" allowing the app to be suspended in the U.S. if it failed to meet certain obligations.

History of Scrutiny

Concerns about TikTok from policymakers have escalated in recent years, leading to more than 30 states and the federal government banning the app on state-issued devices. Former President Donald Trump also signed an executive order in 2020 that aimed to prohibit transactions with ByteDance, citing data collection concerns.

Despite these concerns, several political figures, including members of Congress and even President Biden's presidential campaign, have had their own accounts on TikTok. The company highlighted this fact in its petition, suggesting that it undermines the claim that the platform poses a genuine threat to Americans.