- tech360.tv
TikTok's US Future Hangs in the Balance as Crucial Court Hearing Looms
TikTok and ByteDance have a crucial court hearing on Monday to challenge a potential US ban. The app, which is used by 170 million Americans, could be banned as early as January 19th. TikTok claims the law is unconstitutional and violates free speech.
The US Court of Appeals for the District of Columbia will hear oral arguments on Monday in a legal challenge aimed at preventing legislation that would ban the app, which has 170 million American users.
The potential ban, which is set to take effect on January 19, puts TikTok at the centre of a heated debate in the final weeks of the 2024 presidential campaign. Notably, both Republican candidate Donald Trump and Vice President Kamala Harris are active on the platform, leveraging its reach to connect with younger voters.
TikTok and ByteDance are mounting a strong defence, claiming that the law is unconstitutional and violates Americans' free speech rights. They argue that the legislation is 'a radical departure from this country's tradition of championing an open Internet'. This legal battle highlights the conflict between national security concerns and digital liberties in an increasingly interconnected world.
The motivation for the legislation stems from widespread concerns among US lawmakers about potential data breaches and surveillance risks associated with the Chinese-owned app. These concerns led to the measure's swift passage in April, just weeks after it was introduced in Congress.
ByteDance has stated unequivocally that divesting TikTok is 'not possible technologically, commercially, or legally'. Without judicial intervention, the company warns that an unprecedented ban will go into effect on January 19. The fate of the app now rests in the hands of Circuit Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg, who will hear the legal challenges filed by TikTok and its users.
Both TikTok and the Justice Department have asked for a ruling by December 6, which could give the US Supreme Court time to review the decision before any ban is implemented. President Joe Biden, who signed the law in April, has the authority to extend the deadline of January 19th by three months if he certifies that ByteDance is making progress towards a sale.
The White House and law supporters argue that the measure focusses on Chinese-owned TikTok rather than attempting to completely eliminate the app. They emphasise that the goal is to address national security concerns about foreign ownership, rather than to outright ban the platform.
• TikTok and ByteDance face a crucial court hearing on Monday to challenge a potential US ban
• The app, used by 170 million Americans, could be banned as soon as 19 January
• TikTok argues the law is unconstitutional and violates free speech rights
Source: SCMP