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Tiktok Legal Battle: U.S. Government Vs. China-Based App

The TikTok Inc. building is seen in Culver City, Calif., on March 17, 2023. (AP Photo/Damian Dovarganes, File)

On Monday, oral arguments commenced in a significant legal case between the U.S. government and TikTok, set to determine the fate of the popular social media platform used by nearly half of all Americans. The federal appeals court in Washington will host attorneys from both sides as TikTok and its parent company, ByteDance, challenge a U.S. law mandating them to sever ties or face a ban by mid-January.

The law, signed by President Joe Biden in April, stems from concerns over TikTok's alleged national security threat due to its Chinese connections. The U.S. government argues that TikTok collects extensive user data, including sensitive information, which could be exploited by the Chinese government. Additionally, there are fears that the platform's algorithm could be manipulated by Chinese authorities.

TikTok has refuted these claims, asserting that it does not share U.S. user data with the Chinese government. The company argues that the law infringes on First Amendment rights and could lead to a shutdown of the app by mid-January if not blocked by the courts.

Opponents of the law highlight potential disruptions in marketing, retail, and content creation industries. Some content creators have sued the government, with TikTok covering legal costs for the lawsuit. The court has consolidated these cases, including one filed by conservative creators.

The government's court filings contain classified information, raising concerns about transparency in the legal proceedings. The Justice Department has alleged that TikTok has complied with Chinese government directives regarding content censorship, although no such incidents have been reported on the U.S. platform.

While TikTok proposed measures to address government concerns, negotiations failed to reach a resolution. ByteDance has stated that TikTok is not for sale, despite bids from investors. The law, passed with bipartisan support, faces opposition from various quarters, including former President Donald Trump.

Amidst the legal battle, free speech and social justice groups have backed TikTok, citing concerns about First Amendment rights. Conversely, the Biden administration has garnered support from Republican attorneys general and human rights groups advocating for upholding the law.

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