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Biden Administration Defends TikTok Divestment Law in Court

by EUToday Correspondents

The U.S. Department of Justice (DOJ) has requested that a federal appeals court uphold a law mandating China-based ByteDance to divest its U.S. TikTok assets by 19 January or face a ban.

The DOJ asserts that TikTok’s Chinese ownership presents a significant national security threat due to its access to vast amounts of personal data of American users and the potential for covert manipulation of information.

The DOJ’s filing emphasises the national security risks posed by TikTok, stating that the platform provides the Chinese government with tools to undermine U.S. security through data collection and covert content manipulation.

This law, signed by President Joe Biden on 24 April, aims to end Chinese-based ownership of TikTok, citing national security grounds.

Despite these concerns, TikTok has consistently denied allegations of data sharing with China or manipulating content. In a response on the social media platform X, TikTok criticised the government’s lack of evidence and described the law as unconstitutional.

Government’s Stance

In its argument, the DOJ noted that China’s geopolitical strategy involves developing assets that can be exploited at critical moments. Although the government admitted it has no evidence that the Chinese government has accessed U.S. TikTok user data, it maintained that the risk alone justifies preventive measures.

The government has submitted a classified document detailing additional security concerns, supported by declarations from the FBI, Office of the Director of National Intelligence, and DOJ’s National Security Division.

The DOJ highlighted the complexity of TikTok’s source code, with ByteDance reporting 2 billion lines of code, making a comprehensive review nearly impossible.

The DOJ refuted TikTok’s claim that the law infringes on the First Amendment rights of Americans, arguing that the legislation addresses national security issues rather than free speech.

It also dismissed TikTok’s $2 billion plan to protect U.S. user data as insufficient, expressing a lack of trust in ByteDance’s ability to enforce such measures.

Political Implications

The legal challenge to the law is set for oral arguments on 16 September, just weeks before the 5 November presidential election. This timing places the issue of TikTok’s fate prominently in the final stretch of the election campaign.

Republican presidential nominee Donald Trump, who recently joined TikTok, has opposed the ban.

Conversely, Vice President Kamala Harris, the likely Democratic nominee, joined TikTok this week.

The law, passed swiftly by Congress, prohibits app stores like Apple and Alphabet’s Google from offering TikTok and bars internet hosting services from supporting the app unless ByteDance divests its ownership.

The swift legislative action reflects growing concerns among U.S. lawmakers about potential Chinese espionage and data access through TikTok. The outcome of this legal battle will not only impact TikTok’s operations in the U.S. but also set a precedent for handling foreign-owned technology platforms perceived as security threats.

Image source: https://www.searchenginejournal.com/
Read also:

A Global Phenomenon: Why Even TikTok’s Critics Are Now Embracing the Platform

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