TikTok and its Chinese parent company ByteDance are facing a crucial court hearing on September 16th in their legal battle against a law that could result in the app being banned in the United States by January 2025. The law, which was enacted in April, requires ByteDance to sell TikTok by a specified date or face a ban from mobile app stores and web-hosting services. The initial deadline is set for January 19th, 2025, with the possibility of President Joe Biden extending it by three months to allow for a deal to be completed.
In May, TikTok and ByteDance filed a lawsuit challenging the constitutionality of the new law on grounds that it infringes upon their First Amendment rights over national security concerns. ByteDance argues that divesting from TikTok is not feasible commercially, technologically, or legally. They had previously announced to the Chinese public that they had no plans to sell TikTok.
The core issue of this legal battle revolves around national security versus freedom of speech. TikTok argues that Congress has enacted a law that permanently bans one specific speech platform and prevents Americans from participating in an online community with over one billion users worldwide.
The U.S. government maintains that the purpose of this law is not to ban TikTok but rather address national security risks associated with its algorithm and data collection practices. FBI Director Christopher Wray confirmed earlier this year that ByteDance owns TikTok’s algorithm and would have access to user data collected by the app if requested by the Chinese Communist Party (CCP).
China has also implemented export controls on technologies like ByteDance’s algorithm, further raising concerns about potential misuse or exploitation of user data. A study conducted by Rutgers University found evidence suggesting that TikTok actively suppresses content critical of CCP while promoting pro-China propaganda.
TikTok insists it operates independently from its Chinese parent company and stores U.S. customer data in Virginia with backups in Singapore. However, China’s counterespionage law requires ByteDance to hand over user data upon request.
Efforts have been made between TikTok and the U.S government to address these security concerns but have yet to reach an agreement deemed sufficient by authorities.
The court hearing scheduled for September 16th will play a significant role in determining whether or not Tiktok will be banned in the United States as early as January 2025.
