TikTok, the short-form video platform owned by Beijing-based ByteDance Ltd., filed a complaint in federal court on Aug. 24 challenging the Trump administration’s efforts to ban the platform’s U.S. operations.
“We strongly disagree with the administration’s position that TikTok is a national security threat, and we have articulated these objections previously,” TikTok said in a blog post. “Now is the time for us to act. We do not take suing the government lightly, however we feel we have no choice but to take action to protect our rights, and the rights of our community and employees.”
On Aug. 6, President Donald Trump signed an executive order that called for a ban on the TikTok app if its U.S. operations aren’t sold to an American company by Sept. 20, citing national security concerns.
TikTok argued that the executive order violates the due process protections of the Fifth Amendment, as it gives no notice or opportunity for TikTok to be heard.
It also argued that the executive order authorizes the prohibition of activities that have not been found to be “an unusual and extraordinary threat,” as required by the International Emergency Economic Powers Act, under which the order was made.
The platform said the key personnel responsible for its operations, including its chief executive, global chief security officer and general counsel, are all Americans based in the United States and therefore are not subject to Chinese law.
TikTok said its U.S. content moderation operates independently from China and that it stores U.S. user data on servers located in the United States and Singapore.
TikTok continues to discuss a sale of its U.S., Canadian, Australian and New Zealand operations with Microsoft Corp., Oracle Corp. and other investors in the company, according CNBC.
