TikTok’s legal battle in the U.S. took a significant blow when the Washington appeals court rejected the company’s emergency request to stop a law requiring the Chinese company ByteDance to disconnect from the app by January 19.
The denial forces TikTok to quickly turn to the Supreme Court to prevent the law from being implemented, which could lead to a ban on the popular app used by over 170 million users in the United States.
TikTok’s request to the appeals court argued that the law violates users' freedom of speech rights and disrupts the app’s operations. However, the court rejected the request, stating that TikTok and ByteDance did not present any legal precedent where a court had blocked the implementation of a congressional law while an appeal process was ongoing at the Supreme Court.
A TikTok spokesperson stated that the company plans to appeal to the Supreme Court, which, according to them, "has a historical record of protecting Americans' freedom of speech rights."
According to the new law, TikTok will be banned if ByteDance does not sever its ties with the app by the specified date. The law also grants the U.S. government broad powers to ban other foreign apps that may pose a threat to the collection of American citizens' data.
The U.S. Department of Justice argues that Chinese control over the app continues to pose a national security threat, but TikTok rejects the accusations, explaining that the data is stored on servers in the U.S. operated by Oracle, and that content-related decisions are made in the U.S.
Meanwhile, two U.S. congress members have urged Apple and Google to remove the Chinese video-sharing app from the U.S. app stores by January 19.
According to the lawmakers, “Congress is determined to protect U.S. national security and ensure the safety of American users from the Chinese Communist Party.” They also called on TikTok CEO Shou Zi Chew to sell the app, emphasizing that this is the only way to avoid the ban.
The U.S. Department of Justice emphasized that even if the law takes effect, it will not prevent the use of the app on devices where it is already installed, but technical support for the app will cease, which could render it unusable over time. In response, TikTok warned that removing the app would severely impact U.S. users and render the platform unavailable.
The tension around TikTok is not new. In previous years, U.S. officials tried to limit the app’s operations, mainly due to its connections with China. The dispute centers on accusations of collecting personal data from U.S. users and the potential sharing of that data with the Chinese government, putting pressure on ByteDance.
In 2020, the Donald Trump administration attempted to issue an order banning TikTok in the U.S., but this initiative was halted due to legal and public opposition. With Joe Biden entering the White House, hopes were high that the policy would change, but it seems the pressure on TikTok continues.
One of the main criticisms is TikTok’s limited transparency regarding how it manages data. While TikTok has opened transparency centers in the U.S. and committed to using only local servers, the accusations and concerns remain.
If the law takes effect in January, American users may find themselves without access to the platform. Many young users, who rely on TikTok daily for sharing content and consumption, will need to seek alternatives or deal with technical limitations that will impair the app’s functionality.
However, it is possible that both ByteDance and the U.S. government will find a compromise that allows TikTok to continue operating in the U.S. The tension between technology, economics, and national security remains a focal point, but also a symbol of a larger question about the balance between privacy, innovation, and political considerations in the digital age.