Court Paves the Path for TikTok Ban in the US Unless Chinese Owners Divest

New York, Dec 7 (NationPress) An appeals court has paved the path for banning TikTok in the US unless its Chinese owners divest by January 19, reinforcing a law enacted by Congress to protect national security.

The court ruled on Friday, rejecting TikTok's appeal against the law, stating that the company's Chinese owners' argument that the law infringed on the Constitution's freedom of expression was unfounded.

Judge Douglas Ginsburg articulated in the majority opinion, “The government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary's ability to gather data on individuals in the US.”

Attorney General Merrick Garland, whose office defended the law, expressed satisfaction with the ruling.

“Today's decision is a significant advancement in preventing the Chinese government from exploiting TikTok to gather sensitive data on millions of Americans, to covertly influence the content viewed by American audiences, and to jeopardize our national security,” he summarized, highlighting lawmakers' concerns regarding TikTok.

While it is ironic that a company controlled by the Chinese Communist Party references the US Constitution's freedom of speech protections, ByteDance announced plans to appeal the ruling to the Supreme Court.

The short video social media platform, owned by ByteDance, boasts approximately 170 million users in the US.

According to the law enacted in April and signed by President Joe Biden, app marketplaces like Google and Apple are prohibited from offering TikTok in the US, and internet hosting services must cease support by January 19.

If compliance is not met, companies could incur fines reaching into billions, as the penalty is set at $5,000 for each user granted access to TikTok.

The significance of the January 19 date lies in its timing, just two days before Donald Trump, who previously endorsed the ban but later reversed his stance, takes office again.

He has the authority to request Congress to repeal the law and may opt not to enforce it or accept superficial changes in ByteDance's ownership as compliance.

In 2020, Trump mandated the sale of TikTok or face a ban due to national security concerns, and while various companies rushed to acquire it, a court halted the order.

Joe Biden, who succeeded Trump, revoked this order; however, Congress enacted the law mandating the sale.

Trump altered his position while out of office, as the ban did not apply to him like it did for several major US social media platforms, and he expressed support for TikTok's continued operation in the US.

Among the three judges on the Washington DC Court of Appeals panel, two were Indian Americans.

Judge Naomi Rao agreed with Ginsburg, while Chief Judge Srinath Srinivasan issued a separate ruling also endorsing the ban.

Notably, India banned TikTok and 58 other applications in 2020 due to national security issues.