TikTok’s Emergency Bid to Block US Law Rejected by Appeals Court
A US appeals court has rejected an emergency bid by TikTok to temporarily block a law that requires its Chinese parent company, ByteDance, to divest the short-video app by January 19 or face a ban on the app.
TikTok Seeks Last-Ditch Effort to Halt Pending Ban
TikTok and ByteDance filed an emergency motion with the US Court of Appeals for the District of Columbia on Monday, asking for more time to make their case to the US Supreme Court. However, the court’s decision means that TikTok must now quickly move to the Supreme Court to attempt to halt the pending ban.
Warning of Consequences if Law is Enforced
The companies have warned that without court action, the law will "shut down TikTok – one of the nation’s most popular speech platforms – for its more than 170 million domestic monthly users."
Court’s Ruling
The DC Circuit Court of Appeals rejected the petition, stating, "The petitioners have not identified any case in which a court, after rejecting a constitutional challenge to an Act of Congress, has enjoined the Act from going into effect while review is sought in the Supreme Court."
TikTok’s Stance
TikTok did not immediately respond to a request for comment.
Background on the Law
Under the law, TikTok will be banned unless ByteDance divests it by January 19. The law also gives the US government sweeping powers to ban other foreign-owned apps that could raise concerns about collection of Americans’ data.
US Justice Department’s Concerns
The US Justice Department argues that "continued Chinese control of the TikTok application poses a continuing threat to national security."
TikTok’s Response
TikTok claims that the Justice Department has misstated the social media app’s ties to China, arguing that its content recommendation engine and user data are stored in the US on cloud servers operated by Oracle, while content moderation decisions that affect US users are made in the US.
Conclusion
With the appeals court’s rejection, TikTok must now seek a last-ditch effort to halt the pending ban by taking its case to the US Supreme Court. The outcome of this case will have significant implications for the future of social media and national security.
Frequently Asked Questions
Q: Why did TikTok seek to block the law?
A: TikTok sought to block the law to avoid a ban on the app and to continue operating in the US.
Q: What is the US Justice Department’s concern about TikTok?
A: The US Justice Department is concerned about the potential threat to national security posed by Chinese control of the app.
Q: What is the fate of TikTok if the law is enforced?
A: If the law is enforced, TikTok will be banned unless ByteDance divests the app by January 19.
