The federal government countered that TikTok’s ownership by ByteDance poses unique risks, emphasizing that the platform’s content recommendation algorithm and extensive data collection practices could be exploited by the Chinese government. These arguments, outlined in heavily redacted filings, suggest TikTok is a “uniquely helpful asset” to China’s strategic goals.
Implications and Next Steps
The ruling sets the stage for a potential showdown at the U.S. Supreme Court. If the court declines to intervene, TikTok must divest or shut down U.S. operations by the January 2025 deadline. The decision could have broader implications for tech companies operating under foreign ownership, particularly those tied to nations viewed as adversaries by the U.S.
High-Profile Legal Teams
Both sides were represented by heavyweight legal teams. The government’s counsel includes attorneys from the U.S. Department of Justice, FBI, and Office of the Director of National Intelligence. TikTok’s defense team comprises lawyers from Covington & Burling LLP and Mayer Brown LLP. Content creators and advocacy groups opposing the law are represented by Davis Wright Tremaine LLP, O’Melveny & Myers LLP, and the Liberty Justice Center.
Broader Context
The Protecting Americans from Foreign Adversary Controlled Applications Act passed Congress with bipartisan support and reflects growing scrutiny of Chinese-owned tech firms. Lawmakers and intelligence officials have raised alarms about data privacy, censorship, and foreign influence.
