The lawsuit filed on Tuesday sets the stage for a potential lengthy legal battle over TikTok’s fate in the United States. TikTok, along with its Chinese parent company ByteDance, is challenging a law signed by President Joe Biden as part of a broader $95 billion foreign aid package. This law, known as The Protecting Americans From Foreign Adversary Controlled Applications Act, mandates ByteDance to sell its stake in TikTok within nine months or face a ban. TikTok argues that this law is unconstitutional and portrays it as an attempt to regulate the ownership of the platform rather than a ban.
ByteDance has stated that it has no intention of selling TikTok, but even if it did, it would require approval from Beijing, which has previously opposed a forced sale and continues to do so. The conflict surrounding TikTok occurs amidst heightened tensions between the US and China, particularly regarding advanced technologies and data security, which are crucial for each country’s economic and national security interests.
Concerns have been raised by US lawmakers, officials, and law enforcement about the potential for Chinese authorities to access US user data or influence public opinion through TikTok. While some studies suggest manipulation of content alignment with Chinese government interests, TikTok disputes these claims. Critics of the law argue that banning TikTok could infringe upon free speech rights in the US and suggest that Chinese authorities or other entities could obtain American user information through alternative means, such as commercial data brokers. However, the US government has not provided public evidence to support allegations of TikTok sharing data with Chinese authorities or manipulating its algorithm for China’s benefit.
