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US TikTok ban imminent after appeal fails

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US TikTok ban imminent after appeal fails

An appeals court in the United States has affirmed a law passed by Congress earlier in 2024 to prohibit the China-owned video-sharing social media platform TikTok in the US on national security and data protection grounds.

The legislation was swiftly approved by the US legislature in April, as part of a larger aid package for Israel, Taiwan, and Ukraine. It mandates TikTok’s parent company, ByteDance, to either sell TikTok to a US-based entity or face permanent removal from online app stores. Both Apple and Google could face financial penalties for non-compliance.

The enactment of the law coincided with escalating tensions between the US and China, amid allegations of widespread Chinese cyber espionage by Western cybersecurity agencies.

TikTok challenged the law, but the US Court of Appeals for the District of Columbia Circuit unanimously rejected the petition today [6 December].

In the court’s ruling on the case of TikTok and ByteDance Ltd versus Merrick Garland [US attorney general], Judge Douglas Ginsberg stated that the decision would have significant implications for both TikTok and its users. Unless ByteDance divests the business by 19 January 2025, or receives a 90-day extension from the president, the TikTok platform will be effectively unavailable in the United States. This means that TikTok’s millions of users will need to seek alternative means of communication.

Ginsberg attributed this burden to China’s hybrid commercial threat to US security, rather than the US government. He noted that efforts had been made to find alternative solutions in collaboration with TikTok.

Additionally, Ginsberg dismissed TikTok’s claims that the ban infringed upon its First Amendment rights, emphasizing that the government’s actions were aimed at protecting freedom of speech and press from a foreign adversary.

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TikTok expressed disappointment with the ruling, citing concerns about censorship and the impact on American users. The company plans to pursue an injunction to have the case heard before the US Supreme Court in Washington DC.

Trump’s change of heart?

The incoming Republican administration under President-elect Donald Trump may offer a glimmer of hope for TikTok. Trump, who had previously advocated for a TikTok ban, appears to have reconsidered his stance following legal interventions by the Biden administration.

Although Trump had used TikTok as a campaign issue in September, his decision on enforcing a ban remains uncertain.

Time’s up

Craig Singleton, a senior fellow at the Foundation for Defense of Democracies, highlighted the court’s ruling as a signal that TikTok’s time, at least in its current form, may be running out.

He emphasized the importance of foreign companies adhering to regulations in sensitive sectors to avoid consequences.

The ruling reflects how the US and its allies are addressing tech threats from authoritarian regimes and underscores the need for laws to adapt to emerging challenges.

Singleton noted that Beijing’s loss in the TikTok case signifies a setback in its tech competition with Washington, limiting its ability to influence, collect data, and control narratives in the US.

While China may issue strong condemnations, Singleton suggested that dramatic responses were unlikely due to economic pressures.

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