TikTok and its parent company ByteDance have filed a lawsuit against the US federal government, challenging a law that could potentially ban the social media platform. The law, part of a larger $95 billion foreign aid package signed by President Joe Biden, is being called “obviously unconstitutional” by TikTok.
The law, known as The Protecting Americans From Foreign Adversary Controlled Applications Act, requires ByteDance to sell TikTok within nine months, with an additional three months granted if a sale is already in progress. ByteDance has stated it has no plans to sell TikTok. However, even if it wanted to, it would need approval from Beijing, which has previously opposed a forced sale of the platform and has indicated similar opposition this time.
The lawsuit sets the stage for a potentially lengthy legal battle over TikTok’s future in the United States. The dispute comes at a time when US-China relations are marked by intense strategic rivalry, particularly in areas such as advanced technologies and data security, which are seen as crucial to each country’s economic strength and national security.
US lawmakers and officials have expressed concerns that Chinese authorities could force ByteDance to hand over US user data or manipulate the algorithm that populates users’ feeds. A Rutgers University study has suggested that TikTok content is being amplified or underrepresented based on its alignment with the interests of the Chinese government, a claim that TikTok disputes.
Critics of the law argue that Chinese authorities could easily obtain information on Americans through other means, including commercial data brokers. They also point out that the US government has not provided public evidence of TikTok sharing US user data with Chinese authorities or altering its algorithm for China’s benefit. Critics further argue that attempts to ban the app could violate free speech rights in the US.
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