TikTok says a ban in the US is inevitable unless the judiciary blocks the law

TikTok and its Chinese parent ByteDance asked a U.S. court on Thursday to overturn a law they say would have banned the app on Jan. 19, saying the U.S. government has refused to engage in any serious contract negotiations after 2022.

The law, signed by US President Joe Biden in April, gives Byte Dance until January 19 to divest TikTok’s assets in the US or ban the app, used by 170 million Americans, in the country. ByteDance says the opt-out is “not technically, commercially or legally feasible”.

The US Court of Appeals for the District of Columbia will hold a hearing on September 16 in the lawsuit filed by TikTok and Byte Dance, along with TikTok users. TikTok’s future in the U.S. depends on the outcome of the case, which could affect how the U.S. government uses its new power to crack down on foreign apps.

“This law is a radical departure from this country’s tradition of supporting an open Internet, and sets a dangerous precedent by allowing the political branches to target an undesirable speech platform and force it to sell or shut down,” Byte Dance and Tiktok ask. Court to annul the Act.

The move, driven by concerns among US lawmakers that China could access or spy on Americans’ data through the app, won overwhelming approval in Congress just weeks after its introduction.

Any divestment or separation that TikTok claims — even if it’s technically possible — would take years and argues that the law violates Americans’ freedom of speech.