North American Court of Appeals will evaluate in September an appeal against the law that forces ByteDance to get rid of the application

TikTok and its parent company, ByteDance, filed an appeal in a US court this Thursday (June 20, 2024) to overturn the law that threatens to ban the app in the US from January 19. The legislation, sanctioned by President Joe Biden’s administration in April, requires ByteDance to sell the platform in the country by that date.

According to the news agency ReutersByteDance argues that the condition is “technically, commercially or legally impossible”stating that the law represents a “radical break with the country’s tradition of defending an open Internet”. Both the company and TikTok consider this measure a “dangerous precedent” which could allow the deactivation of platforms that are unfavorable to political interests.

The U.S. Court of Appeals for the District of Columbia has scheduled oral arguments in the case for September 16. The concern of US lawmakers that China could access US citizens’ data or spy on them led to the almost unanimous approval of the measure in Congress.

Lawyers representing a group of TikTok users seeking to stop the app’s ban argue the law violates their free speech rights, arguing there are no imminent risks to national security.

Furthermore, ByteDance emphasizes that the legislation treats them punitively, ignoring other apps with substantial operations in China that also collect US user data.

The company revealed that it had extensive negotiations with the US government, but that they were “abruptly” ending in August 2022. It also released a redacted version of a national security agreement to protect the data of North American TikTok users, saying it has invested more than $2 billion in the effort.


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