Source: Global Times
[Global Times reporter Bai Baiyi] According to several US media reports, on May 7 local time, the short video social media platform TikTok and its parent company Byte Beat jointly filed a lawsuit in the US federal court, requesting the court to rule that the Application Law to Protect Americans from Foreign Opponents, which is intended to force TikTok to spin off from Byte Beat, violates the US Constitution, And prevent the enforcement of the law.
Public reports show that since March this year, in the name of "protecting national security", the US Congress has rapidly pushed forward the ban on TikTok. On April 24, President Biden of the United States signed a bill passed by the Senate and the House of Representatives of the United States Congress, namely, the Protection of Americans from Foreign Opponents' Control of Applications Act, which involves forcing byte skipping to spin off its U.S. business within 270 days, otherwise TikTok will face a nationwide ban in the United States. If the sale of TikTok progresses, there can be a 90 day extension period for the sale.
According to Reuters, TikTok said in his indictment submitted to the Circuit Court of Appeals in Washington, D.C. on the 7th, "This is the first time in the history of the United States Congress to issue a law imposing a permanent and nationwide ban on a specific speech platform". TikTok said that the ban on TikTok obviously violated the rights of the First Amendment to the Constitution of 170 million Americans. "There is no doubt that this bill will force TikTok to close before January 19, 2025.".
TikTok also said that the US Congress has not provided any evidence to prove the rationality of its bill, and that the social platform has data security risks or foreign political propaganda risks. Forced sale is impractical in terms of business, technology and law. The ban is not based on any convincing evidence, but only on speculation and concerns about data security and content manipulation. Even if these concerns exist, they can be solved through the "Texas Plan" and other measures that have been implemented.
According to TikTok, in the past four years, it has spent billions of dollars to solve potential security risks. This effort is called the "Texas Plan". It also signed a 90 page draft national security agreement, making an "extraordinary" commitment to the United States government. TikTok has separated its US user data from other businesses of the company and conducted third-party supervision on its content recommendation.
Reuters reported that the lawsuit is the latest action taken by TikTok to preserve its business in the United States. "TikTok is fighting for survival in the United States. In the next few months, the fight will mainly be fought in court." The New York Times of the United States analyzed that in the election year, this issue is particularly difficult. President Biden and legislators are facing a potential backlash from users of this popular application. TikTok has a wide range of users in the United States. From sharing popular dances to political comments, TikTok has been integrated into people's lives, especially for those who make a living on the platform as content creators.
In addition, according to public media reports, this lawsuit is not the first time that TikTok has sued the US government. In 2020, then President Trump signed an executive order requiring byte bouncing to divest TikTok's business in the United States within 90 days, otherwise it would face a ban. TikTok, the company's employees and the platform creator sued the US government successfully, and the court stopped the injunction.
A few days ago, the aspect of byte beating told the media that the news of foreign media about byte beating seeking to sell TikTok was untrue, and byte beating had no plan to sell TikTok. According to TikTok and Byte Beat, the "no sale, no ban" act on TikTok not only deprives the company of the right to equal protection, but also will lead to the illegal occupation of the company's private property.
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