A federal appeals court has delivered a critical blow to TikTok, upholding a law requiring the social media giant to sever ties with its Chinese parent company ByteDance or lose access to the U.S. market entirely. The ruling adds urgency to ongoing concerns about the app’s data security and alleged links to the Chinese government, potentially reshaping the landscape for one of the world’s most popular platforms.
The U.S. Court of Appeals for the District of Columbia Circuit unanimously affirmed the constitutionality of a law passed earlier this year, which mandates TikTok’s separation from ByteDance within nine months. TikTok and ByteDance had petitioned for relief, arguing that the law violated constitutional protections, but the three-judge panel rejected these claims.
“We conclude the portions of the Act the petitioners have standing to challenge … survive constitutional scrutiny,” wrote Senior Judge Douglas Ginsburg in the majority opinion. The court determined that the law satisfies “strict scrutiny,” the highest standard of constitutional review, as it serves a compelling government interest in protecting national security and is narrowly tailored to achieve that goal.
The legislation, approved by Congress in April 2024 and signed into law by President Joe Biden, gives TikTok until January 19, 2025, to sever its relationship with ByteDance. A one-time 90-day extension may be granted if a sale or divestiture process is actively underway. Failure to comply would result in TikTok being removed from app stores and web-hosting services in the U.S., effectively shutting down its operations.
This law is the culmination of years of scrutiny and bipartisan concerns over TikTok’s potential role in data collection and surveillance on behalf of the Chinese government. Critics have raised alarms about the app’s access to sensitive user data, including biometric information, and its capacity to influence public opinion through algorithmic manipulation.
The controversy surrounding TikTok dates back to former President Donald Trump’s administration. In 2020, Trump signed an executive order banning TikTok on federal devices and invoked emergency economic powers to prohibit transactions with ByteDance. However, these measures were blocked in court, leading to a protracted legal battle.
When President Biden took office, he rescinded Trump’s executive orders but acknowledged the risks posed by Chinese-owned software applications. In 2021, Biden issued a new executive order identifying China as a “foreign adversary” and directing federal agencies to explore options for mitigating the risks associated with apps like TikTok. In 2022, he signed a law prohibiting TikTok on government devices, signaling continued bipartisan concerns.
The law upheld by the appeals court represents the most aggressive move yet to address these concerns, marking a turning point in the U.S. government’s approach to TikTok and similar platforms.
The appeals court’s ruling has significant implications for TikTok’s future in the U.S. While the platform has consistently denied allegations of wrongdoing and emphasized its commitment to user privacy, the court’s decision aligns with growing skepticism from lawmakers and national security experts.
The judgment also sets the stage for a potential Supreme Court battle, as TikTok is expected to appeal the decision. However, the unanimous ruling and the law’s ability to withstand strict scrutiny suggest that the platform faces an uphill battle in its legal defense.
TikTok’s challenges in the U.S. are part of a broader pattern of scrutiny in Western countries. Governments across Europe, including the UK, France, Belgium, and Denmark, have implemented bans or restrictions on the app, particularly on government-issued devices. These measures reflect widespread fears about the app’s ability to harvest sensitive user data and its implications for national security.
In the U.S., numerous state governments have already banned TikTok from official devices, and federal agencies have raised concerns about its influence. Critics point to TikTok’s capacity for psychological experiments and targeted messaging, which some allege are tools for soft power and manipulation on behalf of the Chinese government.
TikTok now faces a critical six-week window to address its ties to ByteDance and secure its presence in the U.S. market. While the company has explored options for divestiture or restructuring in the past, it remains unclear whether a resolution can be reached within the tight timeframe.
Failure to comply would result in a significant setback for the platform, which boasts over 150 million U.S. users and generates billions in revenue. It would also mark a victory for lawmakers advocating for stricter measures against Chinese technology companies.
For ByteDance, the stakes are equally high. Divesting TikTok would sever its connection to one of its most lucrative assets and potentially limit its global influence.
As the deadline looms, all eyes are on TikTok’s next move—and on how this pivotal decision will shape the future of technology, national security, and U.S.-China relations.
For the record – this is why they want TikTok banned. pic.twitter.com/cOzGlwV9Wm
— Isabel Brown (@theisabelb) December 6, 2024
Trump could have just effectively used a TikTok that did not send data on Trump supporters to Beijing.
Naturally, having won the fight he started, Trump is now making noises about reversing his support.
Many Trump supporters celebrating the court’s approval of the Biden TikTok ban seem to be unaware that Donald Trump opposes this law to ban TikTok and has vowed to reverse it.https://t.co/ebu7SzbkKZ
— Glenn Greenwald (@ggreenwald) December 6, 2024
READ THE DECISION
TikTok vs Garland by streiff on Scribd
