Daily Management Review

TikTok Files Legal Challenge In US Against Trumps’ Executive Order On Its Ban


08/25/2020




TikTok Files Legal Challenge In US Against Trumps’ Executive Order On Its Ban
The Chinese owned short-form video-sharing app TikTok filed a legal challenge in a court in the United States against an executive order issued by President Donald Trump that effectively prevented all American companies to have any transactions with the Chinese firm. TikTok has called the trump administration’s action against it as being a pretext to churn up anti-China prior to Trump’s attempt to get reelected as president. 
 
The White House’s position on TikTok that the company was a national security threat was strongly disagreed by the Chinese company in a blog post. In the post, the company said that it had "taken extraordinary measures to protect the privacy and security of TikTok's U.S. user data."
 
The call by Trump in the August 6 executive order for a TikTok ban was described by both the app and parent company ByteDance Ltd as a means of Trump to further his alleged "broader campaign of anti-China rhetoric."
 
The companies claimed that this rhetoric was important for Trump ahead of the November 3 presidential elections in the US.
 
The "extensive efforts" to address the concerns of the Trump administration about it ere repeatedly ignored by it, the company also said and accused that Trump had politicizing the issue.
 
"We do not take suing the government lightly," TikTok said. "But with the Executive Order threatening to bring a ban on our U.S. operations ... we simply have no choice."
 
There were no comments available on the issue from the White House and the US Department of Justice.
 
It has been week that Trump has been alleging that TikTok, owned by Chinese company ByteDance Ltd, posed a national security threat and the company could share personal information of its millions of US users with the Chinese government even as the bilateral relations between the US and China becomes more based on distrust.
 
Trump’s executive order issued on August 6 called for banning transactions with the app after 45 days. A separate executive order was issued by Trump on August 14 in which he gave ByteDance a period of 90 days to sell off the US operations of TikTok and the data it held. 
 
In 2017, the Shanghai-based video app Musical.ly was acquired by ByteDance in a deal worth $1 billion and it was relaunched as TikTok the next year.
 
By banning the company without notice, the Trump administration violated its constitutional right to due process, TikTok said in its blog post. Accusations that the International Emergency Economic Powers Act, one that allows the president to regulate international commerce during a national emergency, was also misused by Trump have also been leveled by the company. 
 
The law was used by the Trump administration in May 2019 to block the alleged efforts by foreign telecommunications companies to conduct espionage on business and industries in the US. 
 
The case by TokTok was filed at the Los Angeles federal court and named Trump, the U.S. Department of Commerce and Commerce Secretary Wilbur Ross as defendants.
 
(Source:www.cbc.ca)