After US President Joe Biden signed a bill forcing TikTok’s parent company, ByteDance, to sell its stake in the social network or it could be banned in the country, TikTok is now fighting back.
The new law states that ByteDance must sell TikTok, 270 days after the law is signed. Although Biden can give ByteDance a 90-day extension if the government deems a deal is close to being done. Now if TikTok is not sold on schedule, the government could ban the service from US app stores.
The current administration argues that they do not want to ban TikTok, but separate it from ByteDance due to security concerns that TikTok owners’ data could be sent to the Chinese government. Although the government shows no evidence that this can happen and TikTok claims that this cannot happen.
For TikTok this new law is unconstitutional. Furthermore, he states that the deadline for selling the social network is simply impossible: neither commercially, nor technologically, nor legally. Even if such a sale were possible, TikTok says it would still be unconstitutional.
If confirmed, it would allow the government to decide that a company can no longer own and publish the innovative and unique expression platform it has created. If Congress can do this, it can circumvent the First Amendment by invoking national security and ordering the publisher of any individual newspaper or website it sells to prevent its closure, the social network comments in an interview.
TikTok asks the court to declare the law unconstitutional and to prohibit the US Attorney General from enforcing it.
The legal stage is now set for what could be a long court battle between TikTok and the US government.
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