TikTok Sues the U.S. Government

As promised, TikTok has sued the U.S. government for attempting to ban its social media app in the United States without due process.

“The Executive Order issued by the Administration on August 6, 2020 has the potential to strip the rights of [the TikTok] community without any evidence to justify such an extreme action, and without any due process,” the firm explains in a blog post. “We strongly disagree with the Administration’s position that TikTok is a national security threat and we have articulated these objections previously.”

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According to TikTok, it has gone to great lengths to convince the U.S. government that it is serious about serving its U.S.-based audience and is not a national security threat of any kind. But it’s communications have simply been ignored.

“The key personnel responsible for TikTok, including its CEO, Global Chief Security Officer, and General Counsel, are all Americans based in the United States—and therefore are not subject to Chinese law,” TikTok points out. “U.S. content moderation is likewise led by a U.S.-based team and operates independently from China, and … the TikTok application stores U.S. user data on servers located in the United States and Singapore.”

“The [executive] order [to ban TikTok] is not based on a bona fide national emergency and authorizes the prohibition of activities that have not been found to pose ‘an unusual and extraordinary threat’,” TikTok’s lawsuit says. “To be clear, we far prefer constructive dialogue over litigation. But with the Executive Order threatening to bring a ban on our US operations—eliminating the creation of 10,000 American jobs and irreparably harming the millions of Americans who turn to this app for entertainment, connection, and legitimate livelihoods that are vital especially during the pandemic—we simply have no choice.”

Despite all this, TikTok continues to discuss selling its U.S. and other non-China assets to Microsoft, Oracle, or some other U.S. company.

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Conversation 28 comments

  • reefer2

    24 August, 2020 - 12:10 pm

    <p>Good for them, hope they kick some presidential dimwit but in the court. Rule of law are the number one separation between a free nation or an authoritarian one. </p>

    • anoldamigauser

      Premium Member
      24 August, 2020 - 12:30 pm

      <blockquote><em><a href="#563556">In reply to reefer2:</a></em></blockquote><p>I would like to think so, but neither the Courts nor Congress has seemed to want to do much about the overreach of this gameshow host.</p>

    • lvthunder

      Premium Member
      24 August, 2020 - 2:57 pm

      <blockquote><em><a href="#563556">In reply to reefer2:</a></em></blockquote><p>Cancel culture disagrees with you. Due process was the first to get cancelled.</p>

      • illuminated

        24 August, 2020 - 4:32 pm

        <blockquote><em><a href="#563817">In reply to lvthunder:</a></em></blockquote><p>I tried really hard to understand what that means but did not get it Cancel culture what? </p>

    • Greg Green

      25 August, 2020 - 8:53 am

      <blockquote><em><a href="#563556">In reply to reefer2:</a></em></blockquote><p>Congress agrees with Pres Dimwit. The House voted to bar federal employees from downloading the video-sharing app TikTok on government-issued devices, 336-71.</p><p><br></p><p><span style="background-color: rgb(255, 255, 255); color: rgb(43, 44, 48);">The Senate unanimously passed legislation to ban the use of the social media app TikTok on federal devices.</span></p><p><br></p><p><span style="background-color: rgb(255, 255, 255); color: rgb(43, 44, 48);">So that’s two of three against tiktok.</span></p><p><br></p>

  • sherlockholmes

    Premium Member
    24 August, 2020 - 12:46 pm

    <p>Good from TikTok. I dont use the app, but Trump simply cant just do what he wants with a company because he has a thing going on with China. </p>

  • Pierre Masse

    24 August, 2020 - 1:17 pm

    <p>They are obviously buying time until the presidential election. It may work.</p>

  • scovious

    24 August, 2020 - 1:29 pm

    <p>What a great idea! I wonder who American companies can sue for China blocking Google, YouTube, Facebook, Wikipedia, Reddit, Instagram, Twitch, Twitter, Dropbox, WhatsApp, Etsy, Imgur, NY Times, The Guardian, Vimeo and every other social media service?</p><p><br></p><p>Remember when Trump forced China to sell the dating app Grindr to an American investor group and created this precedent? The Federal court probably remembers…</p>

    • mpowell

      Premium Member
      24 August, 2020 - 5:12 pm

      <blockquote><em><a href="#563772">In reply to scovious:</a></em></blockquote><p>Not an expert here but presumably those companies are welcome to sue China, just like TikTok is suing the US. </p><p><br></p><p>What's your point? You think it's ok to threaten to block TikTok because China blocks US platforms? Exerting China-like control over private companies is your bar?</p>

    • Greg Green

      25 August, 2020 - 8:49 am

      <blockquote><em><a href="#563772">In reply to scovious:</a></em></blockquote><p>Yes, but they have to sue in China. Using Party lawyers as their advocates. In front of a Party judge.</p>

  • bluvg

    24 August, 2020 - 1:45 pm

    <p>This is revenge for what happened at the Tulsa rally. Disgusting and alarming. </p><p><br></p><p>Microsoft and Oracle and others swooping in like vultures is also disturbing.</p>

    • lvthunder

      Premium Member
      24 August, 2020 - 2:56 pm

      <blockquote><em><a href="#563778">In reply to bluvg:</a></em></blockquote><p>Do you have any proof of that?</p>

      • bluvg

        24 August, 2020 - 3:44 pm

        <blockquote><em><a href="#563816">In reply to lvthunder:</a></em></blockquote><p>A smoking gun document or audio saying "let's take revenge on TikTok because of what happened in Tulsa"? No, of course not. Past behavior and Occam's Razor are pretty compelling. Trying to conceal true motive by citing a "national security concern" over a video service for people filming themselves dancing is patently absurd. And if that's the rationale, there would be far, far more companies that should be targeted as well. </p><p><br></p><p>The executive branch-ordered takeover of companies should be of concern to everyone. These are exactly, precisely some of the types of concerns the US founding fathers were trying to address. If this is allowed to stand, what business is next? And what kind of standard does this set for other countries looking to take over US businesses? </p>

      • Thretosix

        24 August, 2020 - 4:03 pm

        <blockquote><em><a href="#563816">In reply to lvthunder:</a></em></blockquote><p>Tik-tok users worldwide openly said they signed up to show interest enough for them to over prepare for then didn't book tickets. The turn out was pretty bad. Just Google tiktok rally. If this is why the president is banning the app it is quite petty, disgusting, and alarming. Though as a whole I could care less about tiktok or the rally. Is it proof? Probably not. But the information is there if you look for it.</p>

    • Greg Green

      25 August, 2020 - 8:48 am

      <blockquote><em><a href="#563778">In reply to bluvg:</a></em></blockquote><p>Is that why India and Wells Fargo banned tiktok?</p>

  • glenn8878

    24 August, 2020 - 2:13 pm

    <p>The Supreme Court says Executive Orders are laws. Good luck with any court that will rule against it. TikTok in discussion to sell itself will render the EO moot.</p>

    • kshensley71

      24 August, 2020 - 4:44 pm

      <blockquote><em>Any law, whether executive legislative must not be in conflict with the constitution, this would almost certainly be. If this precedent is allowed then any president could just ban anything that didn't serve them,, or they disagree with. It would be very dangerous. <a href="#563790">In reply to glenn8878:</a></em></blockquote><p><br></p>

      • glenn8878

        24 August, 2020 - 6:35 pm

        <blockquote><em><a href="#563842">In reply to kshensley71:</a></em></blockquote><p>National security belongs to the executive branch. </p>

  • 1speed

    24 August, 2020 - 2:19 pm

    <p>Canadian steel and aluminum imports to the USA received punitive tariffs (25% and 10%) despite a free trade agreement on the basis of national security. It appears that the US federal government can get away with any restrictive trade policy no matter how ridiculous by playing the national security trump card.</p>

    • wright_is

      Premium Member
      25 August, 2020 - 2:47 am

      <blockquote><em><a href="#563792">In reply to 1speed:</a></em></blockquote><p>Yes, it is so easy to hide those explosives in a steel rod, or is it terrorists? I forget.</p>

  • ejuly

    24 August, 2020 - 3:02 pm

    <p>I thought we were better than other countries, this is one of many decision this admin has proven that we are no better. I have never used TikTok and most likely will never use.</p>

    • Craig Smith

      24 August, 2020 - 7:51 pm

      <blockquote><a href="#563819"><em>In reply to ejuly:</em></a><em> One of the major issues with the U.S., under any administration, is its belief that it is better than other countries.</em></blockquote><p><br></p>

  • glenn8878

    24 August, 2020 - 6:32 pm

    <blockquote><em><a href="#563834">In reply to cavalier_eternal:</a></em></blockquote><p>That’s where judicial rulings are completely unpredictable and no one can say for certain anything is unconstitutional. This can be played out for many months. Essentially, it’s law until sued and then it takes forever to unravel. Only the President can decide national security issues. </p>

  • bobnetgeek

    Premium Member
    24 August, 2020 - 7:32 pm

    <p>Didn't work for Kaspersky and they didnt get caught stealing data like tik tok did by Apple</p><p><br></p><p><br></p>

    • michael_goff

      24 August, 2020 - 8:28 pm

      <blockquote><em><a href="#563869">In reply to bobnetgeek:</a></em></blockquote><p><br></p><p>When did they get caught stealing data?</p>

  • glenn8878

    24 August, 2020 - 8:11 pm

    <blockquote><em><a href="#563865">In reply to cavalier_eternal:</a></em></blockquote><p>So Congress also delegates it’s power to the President in addition to the power the President holds in his authority. I have to ask, what’s your point?</p>

    • cavalier_eternal

      24 August, 2020 - 8:41 pm

      <blockquote><em><a href="#563877">In reply to glenn8878:</a></em></blockquote><p>Yes, that is what I said in my initial post.</p><p><br></p><p>My point is and was that your initial comment was partially correct on what executive orders are. </p>

  • wright_is

    Premium Member
    25 August, 2020 - 2:49 am

    <blockquote><em><a href="#563844">In reply to Odinson:</a></em></blockquote><p>So long as any US entity owns Facebookr, Instagram or Twitter it's a defacto US Government data collection and propaganda asset.</p><p>TFTFY</p>

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