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US defends regulation forcing sale of TikTok app

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July 27, 2024
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The Justice Division late Friday filed its response to TikTok’s civil go well with aimed toward derailing a regulation that will drive the app to be offered or face a US ban.

US defends law forcing sale of TikTok app
US defends regulation forcing sale of TikTok app

TikTok’s go well with in a Washington federal court docket argues that the regulation violates First Modification rights of free speech.

The US response counters that the regulation addresses nationwide safety issues, not speech, and that TikTok’s Chinese language guardian firm ByteDance just isn’t in a position to declare First Modification rights right here.

The submitting particulars issues that ByteDance may, and would, adjust to Chinese language authorities calls for for information about US customers or yield to strain to censor or promote content material on the platform, senior justice division officers mentioned in a briefing.

“The objective of this regulation is to make sure that younger folks, outdated folks and everybody in between is ready to use the platform in a secure method,” a senior justice division official mentioned.

“And to make use of it in a means assured that their information just isn’t finally going again to the Chinese language authorities and what they’re watching just isn’t being directed by or censored by the Chinese language authorities.”

The response argues that the regulation’s deal with overseas possession of TikTok takes it out of the realm of the First Modification.

US intelligence companies are involved that China can “weaponize” cellular apps, justice division officers mentioned.

“It is clear that the Chinese language authorities has for years been pursuing massive, structured datasets of People by all kinds of method, together with malicious cyber exercise; together with efforts to purchase that information from information brokers and others, and together with efforts to construct refined AI fashions that may make the most of that information,” a senior justice division official mentioned.

TikTok has mentioned the demanded divestiture is “merely not attainable” and never on the timeline required.

The invoice signed by President Joe Biden early this yr set a mid-January 2025 deadline for TikTok to discover a non-Chinese language purchaser or face a US ban.

The White Home can prolong the deadline by 90 days.

“For the primary time in historical past, Congress has enacted a regulation that topics a single, named speech platform to a everlasting, nationwide ban, and bars each American from collaborating in a singular on-line neighborhood with a couple of billion folks worldwide,” mentioned the go well with by TikTok and ByteDance.

ByteDance has mentioned it has no plans to promote TikTok, leaving the lawsuit, which can doubtless go to the US Supreme Courtroom, as its solely choice to keep away from a ban.

“There isn’t any query: the Act will drive a shutdown of TikTok by January 19, 2025,” the lawsuit mentioned, “silencing who use the platform to speak in methods that can not be replicated elsewhere.”

TikTok first discovered itself within the crosshairs of former president Donald Trump’s administration, which tried unsuccessfully to ban it.

That effort acquired slowed down within the courts when a federal choose quickly blocked Trump’s try, saying the explanations for banning the app have been doubtless overstated and that free speech rights have been in jeopardy.

The brand new effort signed by Biden was designed to beat the identical authorized complications, and a few consultants imagine the US Supreme Courtroom might be open to permitting nationwide safety concerns to outweigh free speech safety.

“We view the statute as a sport changer from the arguments that have been in play again in 2020,” a senior justice division official mentioned.

There are critical doubts that any purchaser may emerge to buy TikTok even when ByteDance would comply with the request.

Large tech’s common suspects, corresponding to Fb guardian Meta or YouTube’s Google, will doubtless be barred from snapping up TikTok over antitrust issues, and others couldn’t afford one of many world’s most profitable apps utilized by about 170 million folks in the US alone.

gc/jgc/sco

Meta

GOOGLE

This text was generated from an automatic information company feed with out modifications to textual content.

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The Justice Division late Friday filed its response to TikTok’s civil go well with aimed toward derailing a regulation that will drive the app to be offered or face a US ban.

US defends law forcing sale of TikTok app
US defends regulation forcing sale of TikTok app

TikTok’s go well with in a Washington federal court docket argues that the regulation violates First Modification rights of free speech.

The US response counters that the regulation addresses nationwide safety issues, not speech, and that TikTok’s Chinese language guardian firm ByteDance just isn’t in a position to declare First Modification rights right here.

The submitting particulars issues that ByteDance may, and would, adjust to Chinese language authorities calls for for information about US customers or yield to strain to censor or promote content material on the platform, senior justice division officers mentioned in a briefing.

“The objective of this regulation is to make sure that younger folks, outdated folks and everybody in between is ready to use the platform in a secure method,” a senior justice division official mentioned.

“And to make use of it in a means assured that their information just isn’t finally going again to the Chinese language authorities and what they’re watching just isn’t being directed by or censored by the Chinese language authorities.”

The response argues that the regulation’s deal with overseas possession of TikTok takes it out of the realm of the First Modification.

US intelligence companies are involved that China can “weaponize” cellular apps, justice division officers mentioned.

“It is clear that the Chinese language authorities has for years been pursuing massive, structured datasets of People by all kinds of method, together with malicious cyber exercise; together with efforts to purchase that information from information brokers and others, and together with efforts to construct refined AI fashions that may make the most of that information,” a senior justice division official mentioned.

TikTok has mentioned the demanded divestiture is “merely not attainable” and never on the timeline required.

The invoice signed by President Joe Biden early this yr set a mid-January 2025 deadline for TikTok to discover a non-Chinese language purchaser or face a US ban.

The White Home can prolong the deadline by 90 days.

“For the primary time in historical past, Congress has enacted a regulation that topics a single, named speech platform to a everlasting, nationwide ban, and bars each American from collaborating in a singular on-line neighborhood with a couple of billion folks worldwide,” mentioned the go well with by TikTok and ByteDance.

ByteDance has mentioned it has no plans to promote TikTok, leaving the lawsuit, which can doubtless go to the US Supreme Courtroom, as its solely choice to keep away from a ban.

“There isn’t any query: the Act will drive a shutdown of TikTok by January 19, 2025,” the lawsuit mentioned, “silencing who use the platform to speak in methods that can not be replicated elsewhere.”

TikTok first discovered itself within the crosshairs of former president Donald Trump’s administration, which tried unsuccessfully to ban it.

That effort acquired slowed down within the courts when a federal choose quickly blocked Trump’s try, saying the explanations for banning the app have been doubtless overstated and that free speech rights have been in jeopardy.

The brand new effort signed by Biden was designed to beat the identical authorized complications, and a few consultants imagine the US Supreme Courtroom might be open to permitting nationwide safety concerns to outweigh free speech safety.

“We view the statute as a sport changer from the arguments that have been in play again in 2020,” a senior justice division official mentioned.

There are critical doubts that any purchaser may emerge to buy TikTok even when ByteDance would comply with the request.

Large tech’s common suspects, corresponding to Fb guardian Meta or YouTube’s Google, will doubtless be barred from snapping up TikTok over antitrust issues, and others couldn’t afford one of many world’s most profitable apps utilized by about 170 million folks in the US alone.

gc/jgc/sco

Meta

GOOGLE

This text was generated from an automatic information company feed with out modifications to textual content.

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