Tiktok, the social network created in China, has appealed against the decision to ban her from the USA, arguing the need to postpone the deadlines for reviewing the case by the new government. The company believes that a rushed closure is unfair and requires further consideration (source).
The ban on Tiktok was implemented after the Joe Biden administration passed the law “On the protection of Americans from applications controlled by foreign adversaries” (PFACAA). This law aims to restrict applications that may pose a threat to national security.
Tiktok and its parent company, Bytedance, have appealed to the court to challenge the constitutionality of the law. However, in recent court hearings, the law and the subsequent ban were upheld, putting the future of the app in the United States at risk.
Despite this setback, the company is looking at two possible avenues to appeal the decision. Tiktok is hopeful that it can continue its presence in the American market by utilizing all legal means to protect its interests.
The first option is to appeal to the incoming President, Donald Trump, who had previously called for the app to be banned. However, in a recent interview, Trump acknowledged both the advantages and disadvantages of Tiktok. He highlighted the app’s ability to draw users away from Facebook, which he refers to as the “enemy of the people.” This shift in perspective could work in the company’s favor, as the new administration may reconsider its stance on the application.
In its emergency appeals to the Court of Appeals for the District of Columbia, Tiktok points out that the current deadline for the cessation of operations is January 19, 2025, the day before Trump’s inauguration. The company argues that such a tight deadline necessitates involvement from the new administration to address the issue.
Tiktok asserts that it does not pose an “immediate threat” to national security. The company contends that the accusations against it are based on the hypothetical potential for China to misuse the app, rather than concrete evidence of malicious intent.
The second avenue for appeal is to take the case to the US Supreme Court. Tiktok and Bytedance have already stated their intention to appeal, citing unresolved legal questions and viewing the court as a suitable forum for addressing these issues.