US TikTok targeting, according to ByteDance, is unconstitutional

US talks were abruptly terminated by Chinese firm specifics, citing $2 billion spent on a draft security deal

ByteDance, a Chinese internet company, has filed additional court documents contesting the US government’s “unconstitutional singling out of TikTok,” disclosing new information regarding the breakdown of talks to potentially ban the app.

Joe Biden’s April legislation gives ByteDance until January 19 to sell off TikTok’s US assets or risk being banned. In its latest filings, ByteDance asserts that such a divestment is “not possible technologically, commercially, or legally” and charges the US government with not wanting to hold meaningful negotiations for a settlement after 2022.

According to TikTok’s brief, “Never before has Congress silenced so much speech in a single act.”

Congress in the US has been worried about China’s ability to access American data or eavesdrop on citizens using the app, which has led to years of national security worries and the potential ban. The Biden administration has indicated that selling out TikTok would be preferable than an outright ban on the app in the US, which ByteDance says is not practical.

The legislation under consideration would prohibit app stores, such as those run by Apple and Google, from providing TikTok unless ByteDance is the one selling it. Additionally, if TikTok is not divested, internet hosting companies are not allowed to sponsor it. When taken as a whole, these actions would essentially outlaw using the app in the US.

The documents filed by ByteDance’s legal team described extensive talks with the US government, which they assert came to an abrupt halt in August 2022. To safeguard the data of US TikTok users, the business also disclosed a redacted version of a draft national security agreement that was more than 100 pages long. It claimed to have invested more than $2 billion in this endeavour.

In the draft deal, it was stated that if TikTok failed to abide by the requirements, the US government would have the authority to “kill switch” the company and suspend it from operating in the nation. TikTok also had to remove its source code from China as a result.

In an email dated April 1 that was made public on Thursday, TikTok’s attorneys wrote to the US Justice Department, saying, “This administration has decided to attempt to shut down TikTok in the United States, eliminating a platform for 170 million Americans, rather than continue working on a practical, feasible, and effective solution to protect US users through an enforceable agreement with the US government.”

A statement made last month by the Justice Department indicated that the law “addresses critical national security concerns in a manner consistent with the First Amendment and other constitutional limitations.” The department declined to comment on the email. The department went on to say that it would stand up for the law in court.

On September 16th, the US Court of Appeals for the District of Columbia will hear oral arguments in relation to litigation brought by users of TikTok, ByteDance, and other parties. The verdict in the case may have an impact on TikTok’s future in the US and how the government uses its newfound power to control apps that are controlled by foreign entities.

TikTok claims that the law violates Americans’ right to free speech and that any divestiture or separation, even if it were technically possible, would take years to complete. It also says the law unfairly singles out TikTok for punishment while neglecting other US companies who create software and hire engineers in China, as well as several applications that have substantial operations in China and gather a lot of user data from US users.

ByteDance and TikTok contend in the filings, which also include quotes from attorneys for a group of eight platform creators, that “this law represents a radical departure from this country’s tradition of supporting an open Internet and sets a dangerous precedent by allowing political branches to target a disfavored speech platform, forcing it to sell or shut down.”

The TikTok content providers contend that their right to free speech would be violated by the law. Additionally, they draw attention to the fact that there are no immediate threats to national security, as demonstrated by the law that permits TikTok to be in operation for the remainder of the year—including during an election that the president, who approved the measure, claims is essential to our democracy.