US Appeals Court Upholds TikTok Law Forcing Its Sale.
In a landmark decision, a U.S. federal appeals court has upheld a law requiring ByteDance, the Chinese owner of TikTok, to sell the popular short-form video app in the United States by early next year or face a ban. The ruling, which is expected to be appealed to the U.S. Supreme Court, underscores the ongoing national security concerns over the vast personal data TikTok collects from American users.
The three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously sided with the Justice Department, which argued that TikTok poses a serious national security threat due to its access to Americans’ personal data. The court’s decision is a significant victory for the Justice Department and opponents of the Chinese-owned app, but a devastating blow to ByteDance.
TikTok has long denied allegations that it shares user data with the Chinese government and has called the law unconstitutional, arguing that it violates the First Amendment right to free speech. The company has expressed confidence that the U.S. Supreme Court will protect Americans’ right to free speech and overturn the ruling.
US Appeals Court Upholds TikTok Law Forcing Its Sale.
The law, which was signed by President Joe Biden in April, gives ByteDance until January 19 to divest its U.S. assets or face a nationwide ban. President Biden could grant a 90-day extension if significant progress is made toward a divestiture, but it remains unclear whether ByteDance can meet this burden.
The decision has significant implications for TikTok’s millions of users in the United States, who will need to find alternative platforms for communication if the ban goes into effect. The court acknowledged that the burden of this decision falls on ByteDance’s ties to China, not on the U.S. government, which engaged in a multi-year process to find an alternative solution.
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The ruling also sets the stage for a potential showdown at the U.S. Supreme Court, where ByteDance and TikTok will likely appeal the decision. The outcome of this appeal could determine the future of TikTok in the United States and have broader implications for the regulation of foreign-owned technology companies.