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U.S. Court Denies TikTok’s Request to Delay Pending Ban

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A U.S. appeals court on Friday rejected TikTok’s emergency motion to temporarily halt enforcement of a law requiring its Chinese parent company, ByteDance, to divest the app by January 19, leaving TikTok with limited options to prevent a potential shutdown in the United States.

TikTok and ByteDance had filed the motion earlier in the week with the U.S. Court of Appeals for the District of Columbia, seeking more time to prepare their case for the Supreme Court. The companies argued that the law would effectively ban TikTok, a platform with over 170 million monthly users in the U.S., and significantly harm free speech.

The appeals court denied the request, noting that TikTok and ByteDance failed to cite precedent for a court enjoining a congressional act while awaiting Supreme Court review. “We find no case in which such action has been taken,” the court said in its unanimous order.

Following the ruling, TikTok announced plans to escalate the matter to the Supreme Court. A TikTok spokesperson emphasized the platform’s role as a critical speech platform and expressed confidence in the Court’s history of upholding free speech protections.

The law in question mandates that ByteDance divest its ownership of TikTok by January 19 or face a U.S. ban on the app. It also empowers the government to prohibit other foreign-owned apps deemed a national security risk due to data collection practices.

The U.S. Justice Department has defended the law, asserting that ByteDance’s control of TikTok poses “a continuing threat to national security.” TikTok disputes this claim, highlighting that U.S. user data and content moderation are managed domestically, with data stored on Oracle-operated cloud servers.

If the Supreme Court does not overturn the ruling, the app’s fate will hinge on decisions by President Joe Biden and his successor, President-elect Donald Trump. Biden must determine whether to grant a 90-day extension to the January 19 deadline, while Trump, who takes office the following day, has historically opposed a TikTok ban. However, Trump recently indicated he would not pursue the ban if elected.

On a related front, members of the U.S. House of Representatives committee on China have urged Alphabet (Google’s parent) and Apple to prepare to remove TikTok from their app stores if the law takes effect on January 19.

TikTok Canada Challenges Shutdown Order Over National Security Concerns

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TikTok’s Canadian division has filed an emergency motion in Federal Court to contest a government order requiring the social media giant to shut down its operations in Canada due to national security concerns. The filing, dated December 5, calls for a judicial review of the order and urges the court to either overturn it or send it back to the government for reconsideration with additional guidance.

The Canadian government issued the shutdown directive following an investigation into TikTok’s plans to expand its business in the country. While the specifics of the national security concerns remain confidential under Canadian law, the order could result in the loss of hundreds of jobs, according to TikTok’s statement.

“We believe it’s in the best interest of Canadians to find a meaningful solution and ensure that a local team remains in place, alongside the TikTok platform,” the company stated in its legal challenge.

The directive does not prohibit Canadians from accessing the app, which currently boasts over 14 million monthly users in the country.

PARALLELS WITH U.S. ACTIONS

The Canadian government’s move mirrors efforts in the United States to limit TikTok’s operations over national security fears. In April, President Joe Biden signed a law requiring ByteDance, TikTok’s parent company, to sell its U.S. assets by January 19, 2025, or face a nationwide ban.

TikTok and ByteDance have since petitioned an appeals court to block the U.S. law temporarily, pending a Supreme Court review.

IMPLICATIONS AND NEXT STEPS

TikTok’s legal battle in Canada highlights the ongoing global scrutiny of the Chinese-owned app. The outcome of the judicial review will have significant implications for the platform’s future in Canada and its ability to operate under stringent foreign investment laws.

The Canadian government has yet to comment on the legal challenge, but the case is expected to draw considerable attention as it unfolds.

ByteDance and TikTok Seek Emergency Halt of U.S. Ban Pending Supreme Court Review

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China-based ByteDance and its subsidiary TikTok have filed an emergency motion with the U.S. Court of Appeals for the District of Columbia, seeking a temporary halt to a law that mandates ByteDance divest TikTok in the United States by January 19, 2024, or face a ban. The request aims to delay enforcement while the companies pursue a review by the U.S. Supreme Court.

TikTok argued that without intervention, the law would “shut down TikTok—one of the nation’s most popular speech platforms—for its more than 170 million domestic monthly users” just before the presidential inauguration. The platform’s closure would severely impact its value to ByteDance and its investors and harm businesses reliant on TikTok for advertising and sales.

On Friday, a three-judge panel upheld the law requiring ByteDance’s divestiture. The company is now racing against time, urging the appeals court to rule on its emergency request by December 16.

TikTok’s Legal and Political Maneuvering

ByteDance and TikTok emphasized the potential for the Supreme Court to reverse the lower court’s decision, arguing that this likelihood justifies a temporary pause. They also highlighted the incoming administration of President-elect Donald Trump, who has expressed opposition to the ban.

Trump has previously stated he would not allow a TikTok ban, noting the platform’s immense popularity. His incoming national security adviser, Mike Waltz, reinforced this position, emphasizing the importance of protecting user data while maintaining TikTok’s availability to Americans.

The timing of the decision could also allow President Joe Biden to grant a 90-day extension of the divestiture deadline before Trump assumes office on January 20. However, TikTok must demonstrate substantial progress toward divestiture to qualify for such an extension.

Concerns Over Data Security and Service Disruption

The law, part of broader U.S. concerns over foreign-owned apps, grants sweeping powers to ban platforms over data privacy risks. TikTok warned the decision would not only impact its U.S. user base but also disrupt services for millions of users outside the country. Hundreds of U.S. service providers supporting TikTok’s operations, including maintenance and updates, would no longer be able to perform these functions starting January 19.

This case highlights ongoing tensions between the U.S. government and Chinese tech companies over data security and national sovereignty. Similar efforts to ban Tencent’s WeChat in 2020 were blocked by the courts, demonstrating the complexities of enforcing such measures.

The Justice Department, meanwhile, has urged the appeals court to deny TikTok’s request quickly to allow sufficient time for Supreme Court consideration.