TikTok Is Suing The US Government Over Potential Ban

Due to a new rule that would require the video app to be separated from its parent company ByteDance, based in China or face being banned in the US, TikTok is suing the US government. TikTok claims that Congress has “taken the unprecedented step of expressly singling out and banning TikTok” and labels the action as “unconstitutional” in a court filing on Tuesday.

The complaint claims that the law will “force a shutdown” by January 19th, 2025 and that a sale from ByteDance is not feasible.

Congress has approved a law that, according to the lawsuit, “bars every American from participating in a unique online community with more than 1 billion people worldwide and subjects a single, named speech platform to a permanent, nationwide ban for the first time in history.”

Citing national security concerns, President Joe Biden signed a bill last month ordering ByteDance for months to either stop operating in the US or sell from TikTok. According to the lawsuit, the government has not yet produced any proof that the Chinese government has misused TikTok.

Even though TikTok has been widely used in the US since its initial launch in 2017, the lawsuit claims that “statements made by specific Members of Congress and a report by a congressional committee merely indicate concern about the hypothetical possibility that TikTok could be misused in the future, without citing specific evidence.”

According to TikTok, a US prohibition would require the company to transfer “millions of lines” of software code from ByteDance to a new owner, which is impossible. It continues by saying that TikTok’s algorithmic sales would not be permitted due to Chinese government restrictions. According to TikTok, the ban will undermine its business and turn the US version of the app into an “island” that isolates Americans from other users and provides them with a “detached experience.”

During the Trump administration, when the US attempted to ban TikTok, the company considered splitting off its US operations and forming alliances with US businesses like Walmart, Microsoft, and Oracle. However, those agreements were never accomplished. Additionally, it attempted to gain government favour by storing US user data on Oracle servers; however, a recent Fortune report suggests this action was “largely cosmetic.”

TikTok is requesting that the court rule that the law passed by the Biden administration is unconstitutional under the US Constitution. In addition, it requests an injunction barring the attorney general from upholding the statute.