US DoJ Urges Court to Reject TikTok's Petition Against National Security Ban

Photo : Reuters

The US Department of Justice (DoJ) has firmly requested a court to dismiss TikTok’s legal challenge against a law that mandates its Chinese parent company, ByteDance, to sell its US assets by January 19 or face a ban. The government argues that TikTok poses a significant national security threat due to potential data collection and covert content manipulation by the Chinese government.

TikTok, which is used by 170 million Americans, along with ByteDance and a coalition of creators, has initiated lawsuits aimed at blocking the law. In its filing, the DoJ detailed extensive security concerns related to ByteDance’s ownership of TikTok. The government believes that China’s strategy includes developing assets for strategic use, and thus the US should address these concerns proactively rather than waiting for a direct harmful action.

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Alongside the public filing, the government is submitting a classified document to the court that outlines additional security risks. This confidential document includes statements from the FBI, the Office of the Director of National Intelligence, and the DoJ’s National Security Division, emphasizing the perceived threats posed by TikTok under Chinese ownership.

The DoJ asserts that TikTok’s access to Americans’ personal data could enable China to manipulate the information American users see on the app. Although TikTok has denied sharing US user data with the Chinese government, it has not yet commented on the latest developments in the case.

The law, signed by President Joe Biden in April, gives ByteDance a deadline of January 19 to divest its US assets or face a ban on TikTok. The White House aims to eliminate Chinese ownership due to national security concerns without completely banning the app. The DoJ has dismissed TikTok’s claims that the law infringes on First Amendment rights, arguing that the legislation is focused on security rather than restricting free speech. The government has also deemed TikTok’s measures to safeguard US user data as inadequate.

Oral arguments on the legal challenge are scheduled for September 16 before the US Court of Appeals for the District of Columbia, placing TikTok in the spotlight during the final weeks of the 2024 presidential election. Republican presidential candidate Donald Trump, who recently joined TikTok, has expressed opposition to a ban, while Vice President Kamala Harris, also a presidential candidate, joined the platform this week.

The law further restricts app stores, like those operated by Apple and Google’s Alphabet, from offering TikTok and prevents internet hosting services from supporting the app unless ByteDance divests its ownership. This measure, which passed with overwhelming support in Congress, reflects growing concerns among US lawmakers about the potential for China to exploit data on American users through TikTok.