By D. Maan, Jadetimes News
TikTok Intensifies Battle with Biden Administration Over Potential Ban
TikTok Challenges Potential Ban in Court
TikTok ramped up its attacks on the Biden administration Thursday over a law that could ban the popular app from the United States. In a court filing, TikTok argued that US users could be forced to live on an “island” of content disconnected from the rest of the world if the platform is required to find a new owner.
Details of a Draft Agreement Revealed
The legal filing also publicizes, for the first time, the text of a draft agreement between TikTok and the US government. The company claims this agreement would have addressed national security concerns linked to the app but was discarded in favor of legislation TikTok argues violates the First Amendment.
A Pivotal Case with Wide Implications
Thursday’s filing marks TikTok’s opening salvo in a pivotal case that could not only determine the fate of an app used by 170 million Americans but also how courts interpret the First Amendment and its relationship to online speech. The Justice Department declined to comment.
Challenges of Divestiture and First Amendment Concerns
TikTok insists it is not possible for its Chinese parent ByteDance to divest from the app “not possible technologically, commercially, or legally” and certainly not by the January 2025 deadline set by the law President Joe Biden signed in April. Even if divestiture were feasible, TikTok argues, the US version would be reduced to a shell of its former self, lacking the innovative technology that tailors content to each user, and isolating Americans from the global TikTok community due to prohibitions on data sharing necessary for displaying international content.
Support from TikTok Content Creators
This warning echoed claims in a related legal brief filed by TikTok content creators. The group argued that the law would prevent them from choosing where and how to express themselves and impede their First Amendment right to receive other's speech.
Focus on the Draft Agreement with CFIUS
TikTok’s emphasis on the draft agreement with the Committee on Foreign Investment in the United States (CFIUS) could be central to its case. The proposed deal’s existence suggests a less restrictive option to achieve the government’s goals without a potential divestiture or app ban. TikTok said the agreement was never signed despite extensive negotiations and that senior government officials later demanded divestment without explaining why the agreement was insufficient.
Concerns Over Chinese Government Access
For years, US officials have warned that the Chinese government could gain access to TikTok’s user data through its influence over ByteDance. Although no evidence has been publicly presented that China has accessed US user's data, officials warn that the information could be used for propaganda or intelligence purposes.
Project Texas and National Security Measures
TikTok’s detailed filing included an appendix with the entire 103 page draft agreement, outlining Project Texas, a plan for segregating US user data from its global operation. The draft document includes provisions allowing the US government to stop or shut down TikTok if it fails to comply with certain requirements. TikTok said it has spent $2 billion voluntarily implementing Project Texas.
Expert Validation of Security Measures
The filing also included a declaration from a third party expert, Christopher Simkins, who said the proposal was robust and would reduce TikTok’s national security risks to a low level if implemented.