WASHINGTON — TikTok and its Chinese parent company ByteDance are suing the U.S. federal government over a law that would ban the popular video-sharing app unless it’s sold to another company.
The lawsuit filed on Tuesday may be setting up what could be a protracted legal fight over TikTok's future in the United States.as part of a larger $95 billion foreign aid package, is so “obviously unconstitutional” that the sponsors of The Protecting Americans From Foreign Adversary Controlled Applications Act are trying to portray the law not as a ban, but as a regulation of TikTok's ownership.
The law requires TikTok’s parent, ByteDance, to sell the platform within nine months. If a sale is already in progress, the company will get another three months to complete the deal. ByteDance has said it “doesn’t have any plan to sell TikTok.” But even it wanted to divest, the company would have to get a blessing from Beijing, which previously opposed a forced sale of the platform and has signaled its opposition this time around.
Opponents of the law argue that Chinese authorities - or any nefarious parties - could easily get information on Americans in other ways, including through commercial data brokers that rent or sell personal information. They note the U.S. government hasn't provided public evidence that shows TikTok sharing U.S. user information with Chinese authorities, or tinkering with its algorithm for China's benefit. They also say attempts to ban the app could violate free speech rights in the U.S.