Name: ByteDance, TikTok seek temporary halt to U.S. ban
Uploaded: 2024-12-09T21:46:28.516Z
Duration: 1 min 58 s
Description: Chinese-based ByteDance and its short-video app TikTok has asked an appeals court to temporarily block a law that would require that parent company ByteDance to divest TikTok by Jan. 19 or face a ban, pending a review by the U.S. Supreme Court.

Chinese-based ByteDance and its short-video app TikTok has asked an appeals court to temporarily block a law that would require that parent company ByteDance to divest TikTok by Jan. 19 or face a ban, pending a review by the U.S. Supreme Court.

Washington

ByteDance, the China-based owner of TikTok, has submitted a request to the U.S. appeals court to temporarily halt a law that mandates the divestment of TikTok by ByteDance. This action is to prevent a potential ban of the popular short-video app in the United States. The motion has been filed with the U.S. Court of Appeals for the District of Columbia, seeking a pause pending a review by the U.S. Supreme Court.

Recently, a three-judge panel upheld the law that would enforce TikTok's sale or face a ban, causing concern for the app which is currently used by 170 million Americans. ByteDance's legal representatives argue that there is a notable chance the Supreme Court could hear the case and possibly overturn the decision, which justifies their request for a temporary stay to allow time for further legal consideration.

The U.S. Justice Department has advised the appeals court to dismiss the request promptly. TikTok has urged for a ruling on this matter by mid-December. Concerns from U.S. lawmakers over potential data security and surveillance by China have been the driving force behind the legislation. Both TikTok and ByteDance have disputed these claims and maintain that the law infringes upon Americans' constitutional rights, specifically targeting free speech.

If the Supreme Court does not intervene, President Joe Biden would be responsible for deciding whether to extend the January deadline, thereby providing more time for required actions. However, ByteDance faces significant challenges in demonstrating significant progress toward divestiture to warrant an extension.



ByteDance, TikTok seek temporary halt to U.S. ban

TikTok and its China-based owner ByteDance asked a U.S. appeals court Monday to temporarily block a law that would force a sale of the short video app in the U.S. by early next year or face an unprecedented ban. The companies filed an emergency motion with the U.S. Court of Appeals for the District of Columbia, pending a review by the U.S. Supreme Court. Last week, a three-judge panel of the appeals court upheld the law, jeopardizing the future of the app, which is used by 170 million Americans. Lawyers for the company said the prospect the Supreme Court will take the case and reverse is sufficiently high to warrant the temporary pause needed to create time for further deliberation. The U.S. Justice Department said the appeals court should quickly deny the request. And TikTok asked for a decision on the request by December 16. The law to force a sale or ban TikTok was driven by widespread worries among U.S. lawmakers that China could access Americans' data or surveil them with the app. TikTok has denied it has or ever would share U.S. user data. Also, TikTok and ByteDance have called the law unconstitutional and a violation of Americans' free speech rights. Unless the Supreme Court reverses it, the decision to uphold the law puts TikTok's fate in the hands of President Joe Biden on whether to grant a 90-day extension of the January 19 deadline to force a sale. But it's not clear whether ByteDance could meet the heavy burden to show it had made significant progress toward a divestiture needed to trigger the extension. President-elect Donald Trump, who takes office on January 20, one day after the deadline, unsuccessfully tried to ban TikTok during his first term in 2020. However, he said before the November presidential election that he would not allow the ban to go into effect.

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