US Justice Department Asks Supreme Court to Reject Trump’s Request to Delay TikTok Ban
Background
In April, a law was passed requiring TikTok’s Chinese owner, ByteDance, to divest the platform’s US assets or face a ban. The law was aimed at addressing concerns over national security and the potential for China to use TikTok to collect sensitive data about Americans and engage in covert influence operations.
Trump’s Request
Last week, President-elect Donald Trump filed a legal brief arguing that he should have time after taking office on January 20 to pursue a “political resolution” to the issue. Trump’s lawyer, D. John Sauer, wrote that the court should consider staying the Act’s deadline for divestment of January 19, 2025, while it considers the merits of the case, thus permitting President Trump’s incoming administration the opportunity to pursue a political resolution of the questions at issue in the case.
DOJ’s Response
The US Department of Justice (DOJ) responded to Trump’s request, saying that it could only be granted if ByteDance had established it was likely to succeed on the merits but the company had not done so. The DOJ also asserted that no one disputes China’s control of TikTok through ByteDance represents a grave threat to national security, citing the collection of sensitive data about 170 million Americans and their contacts.
TikTok’s Response
TikTok, on Friday, urged the Supreme Court to block the law on free-speech grounds under the First Amendment of the US Constitution. The company argued that Congress had not sought to ban Chinese-owned apps like Shein or Temu, which strongly suggests that it targeted TikTok for its social-media content, not its data.
Consequences of Non-Compliance
If the court does not block the law by January 19, new downloads of TikTok on Apple or Google app stores would be banned, but existing users could continue to access the app. Services would degrade over time and eventually stop working as companies will be barred from providing support. Biden could extend the deadline by 90 days if he certifies ByteDance is making substantial progress toward a divestiture.
Trump’s Reversal
Trump’s support for TikTok is a reversal from 2020, when he tried to block the app in the US and force its sale to American companies because of its Chinese ownership.
Conclusion
The US Justice Department’s request to the Supreme Court to reject Trump’s request to delay the TikTok ban highlights the ongoing concerns over national security and the potential for China to use TikTok to collect sensitive data about Americans. The case is set to be heard by the Supreme Court on January 10, and the outcome will have significant implications for the future of TikTok in the US.
FAQs
* What is the law requiring ByteDance to divest TikTok’s US assets or face a ban?
+ The law was passed in April and requires ByteDance to divest TikTok’s US assets or face a ban due to concerns over national security and the potential for China to use TikTok to collect sensitive data about Americans.
* What is Trump’s request to the Supreme Court?
+ Trump is requesting that the court stay the Act’s deadline for divestment of January 19, 2025, while it considers the merits of the case, thus permitting President Trump’s incoming administration the opportunity to pursue a political resolution of the questions at issue in the case.
* What is the potential consequence of non-compliance with the law?
+ If the court does not block the law by January 19, new downloads of TikTok on Apple or Google app stores would be banned, but existing users could continue to access the app. Services would degrade over time and eventually stop working as companies will be barred from providing support.