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TikTok takes to the courts to challenge US ban

(2020/08/24)


Made-in-China social network TikTok has decided to challenge the Trump administration’s looming ban on its service by taking the matter to the USA’s courts.

On its [1]qq account and in a statement, TikTok owner Byte Dance offered a two-pronged rationale for its actions.

The first disagrees with the Trump administration’s suggestion that TikTok shares data with China’s government and is therefore a threat to national security. ByteDance, the company that owns TikTok, says it has tried to explain itself to the administration and find a solution that would satisfy US authorities its service is safe.

The second strand is an alleged “a lack of due process” during those talks. TikTok spokesperson Josh Gartner TikTok said the Trump administration “paid no attention to facts and tried to insert itself into negotiations between private businesses.”

The last jibe could be a reference to US president Donald Trump’s [2]personal call with Microsoft CEO Satya Nadella about a sale or later [3]kind words about the prospect of Oracle buying the service.

The ban on TikTok was enacted with an Executive Order that relies on powers designed to let a US president act during a national emergency. The power has not previously been applied to an entity like TikTok, so the case may well rest on some gnarly legal issues rather than the nature of TikTok’s activities.

As is usual with such actions, it will not be quick. The Register imagines that TikTok will first seek get the action rolling so that it can continue to operate beyond the current November deadline to sell its US interests to a local company. How long it takes for the matter to settle is anyone’s guess, but there’s a more-than-decent chance the United States will have a new president by the time a final decision is reached. Democratic nominee Joe Biden has said nothing on the matter but has reportedly required his campaign staff to delete TikTok from their phones, an action that suggests fears of either diminished security or productivity. ®

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[1] https://mp.weixin.qq.com/s/VnafD5yGRKb-97Eup7YxKg

[2] https://www.theregister.com/2020/08/03/microsoft_confirms_tiktok_interest_after_nadella_trum_talks/

[3] https://www.theregister.com/2020/08/19/trump_backs_oracle_as_tiktok/

[4] https://whitepapers.theregister.com/

sanmigueelbeer

Made-in-China social network TikTok has decided to challenge the Trump administration’s looming ban on its service by taking the matter to the USA’s courts.

A foreign-owned company suing the US Government ... Good luck with that. I know how (badly) it will end.

tcmonkey

I suspect the intention here is not to win, but merely to delay things sufficiently that there may be a "change in management" at the aggressor headquarters.

Trump hs shown distain for the courts

Anonymous Coward

all his adult life. Probably because be wasn't bright enough (sic) to become a Lawyer. Any case that does not go his way is irrelevant in his tiny mind.

He will ignore the case. He'll cite 'National Security' and get it shut down in a matter of hours.

It is all part of the Wall that he is building around the USA. His 'Protectionism Mk 2' project is well under way and only a change in POTUS in January 2021 will derail it.

Kiss a non-smoker; taste the difference.