TikTok claims that the passage of the 'TikTok Ban Act' would violate freedom of speech, and that the Department of Justice 'misunderstands our relationship with the Chinese government.'
The U.S. Congress
EPLY BRIEF OF PETITIONERS TIKTOK INC. AND BYTEDANCE LTD.
(PDF file) https://storage.courtlistener.com/recap/gov.uscourts.cadc.40861/gov.uscourts.cadc.40861.2070338.0.pdf
TikTok disputes US claims on China ties in court appeal | Reuters
TikTok compares itself to foreign-owned American news outlets as it fights ban | AP News
https://apnews.com/article/tiktok-bytedance-ban-sell-china-e2d927825f1539c787c4b15b74b0919a
TikTok fights for survival in latest filing as ban approaches : NPR
https://www.npr.org/2024/08/15/nx-s1-5077782/tiktok-survival-filing-ban-approaches
The law, enacted in April 2024, is called the ' Protecting Americans from National Security Threats Posed by Applications Controlled by Foreign Adversaries Act ,' and requires TikTok's parent company, ByteDance, to sell TikTok and its affiliated applications within nine months. If it does not comply with the sale, TikTok will be banned from using app stores and web hosting services in the United States.
Following the passage of the law, TikTok filed an appeal with the U.S. Court of Appeals for the District of Columbia Circuit on May 7, 2024.
TikTok sues over ban in the US - GIGAZINE
The US Department of Justice has alleged that TikTok poses a national security risk, saying that the app could enable the Chinese government to collect Americans' personal information and secretly manipulate the content they can watch.
TikTok countered that the government's concerns are merely speculation and lack solid evidence, and that the app's content recommendation engine and user data are stored on cloud servers operated by Oracle, which is based in the United States, and that all content moderation decisions that affect American users are made in the United States.
TikTok has previously stated that the de facto TikTok Ban Act violates the freedom of speech set forth in the First Amendment, but the Department of Justice argues that TikTok, a foreign organization owned by a foreign entity and operating overseas, is not entitled to First Amendment protection. In response, TikTok has criticized the move, saying, 'TikTok's U.S. division is indeed owned by a foreign entity, but that is the same as Politico and Business Insider , both owned by German publisher Axel Springer SE , and Fortune , owned by Thai businessman Chachaval Jiaravanont, and these business magazines do not lose First Amendment protection just because they are owned by a foreign entity.'
Oral arguments between the U.S. government and TikTok are scheduled to take place on September 16, 2024 at the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.
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