The lawsuit filed on Tuesday may be setting up what could be a protracted legal fight over TikTok's future in the United States.
“Congress has taken the unprecedented step of expressly singling out and banning TikTok: a vibrant online forum for protected speech and expression used by 170 million Americans to create, share, and view videos over the Internet,” ByteDance said in its suit.
“The ‘qualified divestiture’ demanded by the Act to allow TikTok to continue operating in the United States is simply not possible: not commercially, not technologically, not legally,” they said.The parties argued that they should be protected by the First Amendment's guarantee of freedom of expression. They are seeking a declaratory judgment that the Act violates the U.S.
Opponents of the law argue that Chinese authorities - or any nefarious parties - could easily get information on Americans in other ways, including through commercial data brokers that rent or sell personal information. They note the U.S. government hasn't provided public evidence that shows TikTok sharing U.S. user information with Chinese authorities, or tinkering with its algorithm for China's benefit. They also say attempts to ban the app could violate free speech rights in the U.S.
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