A federal appeals court has upheld a law that could lead to a TikTok ban in the U.S. if its Chinese parent company, ByteDance, does not sell its stake in the app.
The U.S. Court of Appeals for the District of Columbia Circuit ruled unanimously in favor of the Justice Department, stating that the law is constitutional.
The law, passed in April, gives TikTok nine months to sever ties with ByteDance or face losing access to app stores and web hosting services in the U.S.
The law is set to take effect on January 19, with a possible 90-day delay if a sale is in progress.
TikTok and ByteDance had argued that the law is unconstitutional, claiming it was based on speculative concerns about data security and content manipulation. They also challenged the feasibility of selling the app, especially since the Chinese government would block the sale of TikTok’s algorithm.
The law, however, was supported by U.S. lawmakers and national security officials, who have long raised concerns about TikTok’s ties to China and its potential to spy on American users or manipulate content.
The court’s decision has set the stage for a potential Supreme Court battle, as TikTok believes the law will be overturned.
The Justice Department, on the other hand, praised the ruling, citing national security risks and the protection of Americans’ sensitive data from foreign adversaries.
The court acknowledged the significant impact the decision would have on TikTok users but maintained that the law is necessary to protect U.S. national security from China’s influence.
