This is because the law TikTok is challenging prohibits the type of data-sharing agreements that would be required to show international TikTok content to American TikTok usersthe company stated in its presentation.
The group of creators, which includes a soccer coach, an advocate for sexual assault survivors, and a United States Air Force veteran, argued that the challenged law would prevent them from choosing where and how to express themselvesas well as your First Amendment right to welcome others.
Meanwhile, TikTok’s focus on the draft agreement with the Committee on Foreign Investment in the United States (CFIUS), a multi-agency panel tasked with reviewing the national security implications of foreign investment agreements, could be central to the company’s case.
The existence of the proposed deal, TikTok said, is evidence of a lighter option that could have achieved the government’s goals without potential divestment or app bans. If the Biden administration overlooked a less restrictive alternative it could become a factor in a possible test of the law’s constitutionality.
In Thursday’s presentation, TikTok said the deal was never signed despite years of negotiations and dozens of meetings and phone calls with US government officials.. And after months of radio silence beginning in September 2022, CFIUS reportedly told TikTok in March 2023 that “‘senior government officials’ demanded divestment without explaining why the Agreement was insufficient”.
TikTok added that it then requested meetings with senior US officials but “did not receive significant responses”.
Donald Trump, fan of the Chinese social network
Donald Trump’s latest TikTok, a collaboration with Logan Paul, received 115 million views in 48 hours. Since launching his account on June 1, with just 2 videos, the former president’s account has reached almost 250 million views.
The average view time for President Trump’s latest video is 2.5 times longer than the average view time on TikTok, the Republican campaign boasted.
Attempt to ban TikTok
The Trump administration attempted to ban TikTok through executive action, but his decision was quickly stymied by legal challenges. When Biden signed the April legislation, Trump backtracked, saying a ban would only help Mark Zuckerberg’s TikTok rival Meta.
Independent cybersecurity experts say the potential exists depending on how China’s laws are written, but that so far remains hypothetical and that there are many other sources of confidential data that China can freely obtainfor example by purchasing them on the open market.
US officials have not publicly presented evidence that China accessed US users’ TikTok data. But They warn that the information could be used to attack propaganda or identify intelligence targets, and have provided members of Congress classified briefings on the potential risks of the app.
TikTokfor its part, has denied giving the Chinese government access to its data and has criticized confidential congressional briefings as part of a flawed, rushed and secret legislative process.
Attached to Thursday’s company brief was an appendix containing the full draft of the 103-page agreement.
Describing what is known as Project Texas, TikTok’s plan to segregate US user data from its global operation, The draft document also shows a provision that would allow the US government to temporarily stop or even shut down the TikTok app if it does not comply. with any of a dozen requirementssuch as allowing qualified inspectors to review the company’s source code.
On Thursday, TikTok’s filing said that The company has so far spent $2 billion to voluntarily implement Project Texas.
Also included in TikTok’s detailed filing was a signed statement from an outside expert and former CFIUS official, Christopher Simkins, who said the proposal as written was as strong as any they had seen in two decades of experience. If implemented, Simkins said, TikTok’s national security risks “would be reduced to a low level.”
