TikTok Heads To Court Over US Law That Could Lead To A Ban On The Popular Platform

The United States government and TikTok will face off in federal court on Monday, as oral arguments begin in a pivotal legal issue that may determine whether or not a popular social media platform used by nearly half of all Americans will continue to operate in the country.

Attorneys from both parties will appear before a panel of judges at the federal appeals court in Washington. TikTok and its Chinese parent company, ByteDance, are appealing a US law that mandates them to cut ties or face a ban in the US by mid-January. The legal dispute is expected to reach the United States Supreme Court.

The measure, signed by President Joe Biden in April, marked the end of a years-long saga in Washington over the short-form video-sharing app, which the government views as a national security danger due to its ties to China. However, TikTok claims the rule violates the First Amendment, while others contend it echoes crackdowns witnessed in totalitarian regimes around the world.

TikTok Heads To Court Over US Law That Could Lead To A Ban On The Popular Platform

In court documents filed this summer, the Justice Department emphasized the government’s two main concerns. First, TikTok captures massive amounts of user data, including sensitive information about viewing patterns, which may fall into the hands of the Chinese government if coerced. Second, the United States claims that the proprietary algorithm that drives what users view on the app is susceptible to manipulation by Chinese authorities, who can use it to mold information on the platform in ways that are difficult to detect.

TikTok has frequently stated that it does not share U.S. user data with the Chinese government and that the government’s worries have never been proven. In court documents, attorneys for TikTok and its parent business said that members of Congress attempted to punish the platform based on propaganda they thought to be on TikTok. The corporations also stated that divestiture is impossible and that the app will be forced to close by January 19 if the courts do not intervene to prevent the law.

“Even if divestiture were feasible, TikTok in the United States would still be reduced to a shell of its former self, stripped of the innovative and expressive technology that tailors content to each user,” the businesses claimed in a legal brief they submitted in July. “It would also become an island, preventing Americans from exchanging views with the global TikTok community.”

Opponents of the bill argue that a prohibition would disrupt the marketing, retail, and lives of many diverse content providers, some of whom sued the government in May. TikTok is paying the legal fees for that litigation, which the court has clubbed with the company’s complaint and another filed in favor of conservative creators working with a nonprofit called BASED Politics Inc.

Though the government’s primary justification for the statute is public, major portions of its court papers contain classified information that has been redacted and concealed from public access. The firms have requested that the court reject the secret files or appoint a district judge to sift through the data, which the government has resisted since it will cause a delay in the case. If permitted into court, legal experts believe the secret documents could make it practically difficult to know some of the elements that could influence the final decision.

In one of the redacted statements submitted in late July, the Justice Department claimed TikTok received direction from the Chinese government regarding content on its site, but did not provide any other information about when or why those occurrences occurred. Casey Blackburn, a senior US intelligence official, said in a legal declaration that ByteDance and TikTok “have taken action in response” to Chinese government orders “to censor content outside of China.” Though the intelligence community had “no information” that this had occurred on TikTok’s platform in the United States, Blackburn stated that it “may” happen.

In a separate court filing, the DOJ stated that the US is “not required to wait until its foreign adversary takes specific detrimental actions before responding to such a threat.”

However, the corporations contend that the government might have adopted a more customized approach to addressing their concerns.

More than two years ago, during high-stakes negotiations with the Biden administration, TikTok submitted the government with a 90-page draft agreement that allowed a third party to supervise the platform’s algorithm, content moderation processes, and programming. TikTok claims to have spent more than $2 billion voluntarily implementing some of these steps, including putting U.S. user data on Oracle-controlled servers. However, a settlement was not struck since government officials effectively walked away from the bargaining table in August 2022.

Due to TikTok’s scale and technical complexity, justice officials claim that compliance with the draft agreement is difficult or would need enormous resources. The Justice Department also stated that the best way to address the government’s concerns is to cut ties between TikTok and ByteDance, given the porous relationship between the Chinese government and Chinese enterprises.

However, some experts have questioned whether such a move would hasten the so-called “decoupling” between the United States and its strategic foe, especially since other China-founded enterprises, such as Shein and Temu, are also making a major mark in the West. Last Monday, the Biden administration proposed rules that would restrict duty-free products exported straight from China.

TikTok Heads To Court Over US Law That Could Lead To A Ban On The Popular Platform

ByteDance has openly said that TikTok is not for sale. Despite this, several investors, like former Treasury Secretary Steven Mnuchin and millionaire Frank McCourt, have announced offers to buy the platform. However, even if such a transaction were to materialise, it would most likely be devoid of TikTok’s vaunted algorithm, raising concerns about the platform’s ability to serve up the type of personally tailored videos that users have grown to demand.

The political alignments on the topic are playing out in unexpected ways.

The measure, which passed with bipartisan support in Congress, sparked opposition from several progressive and Republican politicians who expressed worries about handing the government the authority to block a platform used by 170 million Americans. Former President Donald Trump, who attempted to prohibit TikTok while in office, is now opposed to a ban because it would benefit its competitor, Facebook, a platform Trump continues to criticise since his 2020 election loss.

In court, free speech and social justice organisations have filed amicus papers in support of TikTok, alleging that it violates users’ First Amendment rights and suppresses minority community speech by interrupting a tool that many of them use to fight for causes online. Some libertarian groups with ties to ByteDance investor Jeff Yass have also submitted briefs in defence of the company.

Meanwhile, more than 20 Republican solicitors general, former national security officials, and China-focused human rights organisations have backed the Biden administration in its request that the court preserve the statute.

SOURCE | AP