TikTok is challenging a US government decision to ban the platform in the country, claiming that it has presented a detailed plan to address national security concerns. The company, owned by China-based ByteDance, feels that its plan was not adequately considered before the law was passed. TikTok and platform creators have filed a motion arguing that the new law violates the First Amendment, with a court date set for September 16.
The proposed “Protecting Americans from Foreign Adversary Controlled Applications Act” would effectively ban TikTok unless it separates from ByteDance by January 19, 2025. However, the separation process is complicated by Chinese export laws that may prevent the sale of TikTok’s valuable algorithm. Lawmakers supporting the ban believe that selling TikTok is necessary to safeguard national security, citing concerns about potential access to US user data by the Chinese government and efforts to manipulate the algorithm for propaganda purposes in the US.
TikTok denies these allegations, stating that its operations are separate from ByteDance and not influenced by the Chinese government. The main arguments put forth by TikTok have been outlined in court documents, providing insight into its interactions with US government agencies and its efforts to address national security concerns. Communication with CFIUS and presentations outlining measures to address these concerns are included in the documentation. Additionally, TikTok has detailed its algorithm’s operation, plans to prevent unauthorized access to user data, and a proposal for a transparency center created in partnership with Oracle and inaccessible to ByteDance stakeholders.
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