ByteDance continues its fight to avoid a ban on TikTok in the US. There are just a few weeks left until the deadline set by the April bill expires. The company recently requested an emergency pause in the implementation of the law. Now, the Department of Justice (DOJ) has urged the appeals court to reject the request from TikTok’s parent company.
TikTok and its struggle to continue operating in the US
If you’re not aware, the bill prohibits the short video platform from operating in the United States unless ByteDance divests TikTok’s operations in the US. The government cites national security concerns and permissive data request policies by the Chinese government. Meanwhile, ByteDance claims that TikTok’s operations are independent of China and that it does not send or store US user data on Chinese servers.
In its latest appeal, TikTok argued that the ban would impact the First Amendment-guaranteed freedom of expression of “more than 170 million domestic monthly users.” The firm also said that the law violates the Fifth Amendment’s equal protection principles. Unfortunately for TikTok, the three-judge panel rejected all of its arguments.
ByteDance requested an emergency pause on the law banning TikTok from the US
ByteDance then requested an emergency pause on the law’s application. This time, the company claimed that the bill will come into force just one day before Donald Trump’s inauguration. Trump is in favor of not banning the short-form video platform in the US. The newly elected president claims that such a measure would only benefit Meta’s social platforms. TikTok says that the emergency pause “will give the incoming administration time to determine its position.”
The company says the short time frame remaining would also not allow it to prepare a definitive appeal to the Supreme Court.
US DOJ wants appeals court to reject TikTok’s emergency pause
The appeals court has not ruled on TikTok’s request for an emergency pause of the law. However, the DOJ wants the judges to dismiss it. The agency says there should be no delay, as “continued Chinese control over the TikTok app poses a continuing threat to national security.”
It’s noteworthy that even if the law goes into effect, TikTok will not immediately stop working. The DOJ said they won’t “directly prohibit the continued use of TikTok” for those who have the app on their phones. However, the platform “will eventually be to render the application unworkable” due to the lack of tech support and maintenance.
As the still-acting president of the United States, Joe Biden can extend the deadline for implementing the law by 90 days. That said, there is no guarantee that this will happen.