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DOJ Requests US Court to Dismiss TikTok’s Appeal on National Security Law

The US Department of Justice defends a law demanding ByteDance sell TikTok’s US assets, citing national security risks.

On July 26, 2024, the U.S. Department of Justice (DOJ) urged an appeals court to uphold a law mandating ByteDance, the Chinese parent company of TikTok, to divest the app’s U.S. assets by January 19, 2025, or face a potential ban. The DOJ argues that TikTok, under Chinese ownership, poses a national security threat, emphasizing concerns over the collection of Americans’ personal data and the potential for covert content manipulation by the Chinese government.

The Biden administration’s position asserts that TikTok enables China to undermine U.S. national security by granting access to vast amounts of data and the possibility of influencing what Americans see on the platform. Although the government acknowledged it has no proof that Chinese authorities have accessed U.S. user data, it argues that the risks are too significant to ignore, with classified documents outlining the potential security dangers.

TikTok has denied allegations that it shares U.S. user data with China or manipulates content. The company has criticized the law, claiming it violates Americans’ First Amendment rights and that the government has failed to provide evidence to support its claims. TikTok’s defense further argues that the law is unconstitutional, and that its plans for data protection are robust enough to mitigate the government’s concerns.

The legal battle continues as the U.S. Court of Appeals for the District of Columbia is set to hear oral arguments on September 16, 2024, during a critical time as the 2024 presidential election draws near. The Biden administration seeks to end Chinese ownership of TikTok for national security reasons, but has expressed a preference for a divestment over an outright ban.

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