TikTok along with its proprietor appeals for a momentary halt on a regulation that potentially leads to the app's prohibition in the U.S.
TikTok along with its proprietor appeals for a momentary halt on a regulation that potentially leads to the app's prohibition in the U.S.
ByteDance and its platform TikTok, based in China, asked an appeals court on Monday to momentarily halt a law that demands ByteDance to offload TikTok by January 19, or face a ban in the U.S., while the US Supreme Court reviews the situation.
The businesses submitted an urgent petition to the US Court of Appeals for the District of Columbia, warning that without the temporary ban, the legislation will materialize, leading to the closure of TikTok - one of the most popular speech platforms in the nation, with over 170 million domestic monthly users, on the brink of a presidential inauguration.
Last Friday, a panel of three judges from the appeals court upheld the law, requiring ByteDance to divest TikTok in the U.S. within the approaching weeks or face a ban.
Lawyers representing the businesses argued that the possibility of the Supreme Court stepping in and overturning the decision is high enough to warrant the temporary halt required for further consideration.
The companies also raised that U.S. President-elect Donald Trump has sworn to prevent a ban, suggesting the delay would provide the incoming administration with time to formulate a position that could eliminate both the imminent damages and the need for Supreme Court review.
The Department of Justice declined to respond immediately.
The ruling, if it holds up (unless the Supreme Court reverses it), places TikTok's future in the hands of first, President Joe Biden, who may decide on granting a 90-day extension for a forced sale; and then Trump, assuming his office on January 20. However, it's unclear whether ByteDance would meet the high threshold to prove substantial progress toward a divestiture necessary to trigger the extension.
Trump, who unsuccessfully attempted to prohibit TikTok during his initial term in 2020, subsequently announced that he would not allow a ban on TikTok prior to the November presidential election.
The ruling supports the law that grants the U.S. government far-reaching powers to proscribe other foreign-owned apps that could trigger concerns related to America's data collection. In 2020, Trump also attempted to prohibit Tencent-owned WeChat but was thwarted by the courts.
The tech giant ByteDance, in its business appeal, emphasized the potential impact of the law on their tech enterprise TikTok, stating that it could lead to its closure in the U.S. The companies also cited the possibility of the Supreme Court intervening and reversing the decision, highlighting the need for a temporary halt to the law's implementation.