A federal appeals court has upheld a law that forces TikTok to sell its assets or face a nationwide ban. This ruling brings the app one step closer to being banned in the United States. It marks the latest development in the long-running battle between TikTok and the US government. The popular social media platform is owned by ByteDance, a Chinese company, and has been under scrutiny due to national security concerns.
The Law’s Impact on TikTok and Its Users
The law mandates that ByteDance must sell TikTok to a non-Chinese company by January 19, 2025. If the company does not comply, it will be banned in the US. Judge Douglas Ginsburg, who wrote the opinion, cited national security risks. He explained that China could potentially access personal data from millions of American users via TikTok. He also stated that the burden faced by TikTok users was due to China’s national security threat, not actions taken by the US government.
TikTok has strongly opposed the ruling. Michael Hughes, a spokesperson for the company, said the divestiture was “not possible technologically, commercially, or legally.” He confirmed that TikTok plans to appeal the decision to the US Supreme Court. Hughes argued that the decision violates free speech rights and would silence over 170 million US users.
Ongoing Legal and Political Struggles
The battle between TikTok and the US government has spanned several years. In April, President Joe Biden signed a bill into law requiring ByteDance to sell TikTok or face a ban. Montana became the first state to ban TikTok in 2023, though a judge blocked the law before it could be enforced.
TikTok filed a lawsuit in May, challenging the law’s constitutionality. The three-judge panel upheld the provisions of the law, stating that it passed constitutional scrutiny. The court explained that the law was created specifically to address the national security threat posed by foreign influence.
The US government claims that TikTok is a national security threat. Officials worry that China could use TikTok to access personal data or spread propaganda. However, the government has not presented evidence that TikTok or ByteDance has used the app in this way. Lawmakers have also raised concerns about how China might influence the content that users see.
Representative Josh Gottheimer, a Democratic congressman from New Jersey, argued that TikTok posed an “information invasion” against American families, especially children.
Civil Rights Groups Push Back
Several civil rights organizations, including the ACLU, Electronic Frontier Foundation, and Center for Democracy and Technology, have opposed the TikTok ban. These groups argue that the law infringes on free speech and constitutes censorship. They also believe that privacy laws would be more effective in protecting user data than banning the app.
Despite its Chinese ownership, TikTok asserts that it operates independently from the Chinese government. It has headquarters in Los Angeles and Singapore, not China. TikTok claims that its user data in the US is managed by Oracle, a trusted American company.
During oral arguments, Judge Sri Srinivasan expressed concern about TikTok’s foreign ownership and the potential for China to access American data. He suggested that ByteDance selling TikTok to a non-Chinese company could address national security concerns.
As the case moves forward, TikTok’s future in the US remains uncertain. The Supreme Court’s decision will determine whether the law stands or if TikTok will continue to operate in the country. This ruling could set a major precedent for the regulation of foreign-owned tech companies in the US.
