Short video sharing application TikTok has filed a legal appeal and documents in a case against its possible ban in the US.
Under US court rules, whenever there is a trial between two parties, both parties must first file legal pleadings, documents and arguments against each other in writing.
On the application filed by Tik Tok in April, the trial will begin in the US court in September this year and the court had given Tik Tok until June 20 to submit its arguments and legal appeal and now Tik Tok has submitted its legal Appeal submitted.
In a statement issued by Tik Tok, it was stated that the company has submitted a 100-page legal appeal to the court.
According to the AFP news agency, TikTok has claimed in its documents that the US government held talks with the company in 2021 and 2022 in view of the national security threat, but then they were abruptly terminated and there was no reason for these talks. Even if the result did not come out and now there are talks of making the platform illegal in the US or being forced to sell it.
Now, after Tik Tok has filed an appeal, the US government will submit its arguments and legal appeal by July 20 next month, after which both sides will submit their written arguments against each other to the court by August 15.
The trial of the Tik Tok case in the US court will begin on September 16 and the court will likely deliver its decision by the end of December 2024.
US Government and Tik Tok War
It should be noted that against the ban on Tik Tok in America, the US House of Representatives ie Congress passed the bill on April 20, while the Senate approved the bill on April 24.
After the bill was passed by both houses, US President Joe Biden signed the bill on April 25, after which it became law.
According to the law, TikTok must be sold to an American person or an American company within the next 9 months, i.e. January 2025, otherwise it will be banned in the US.
According to the law, the US President can extend the period of sale of TikTok by another three months after 9 months.
Following the US government’s law, TikTok filed an application in the US court last week on May 7.
Later, on July 14, US TikTok users and content creators also filed a petition against the ban in the same court and now the trial will begin in September.
Before Joe Biden, the previous US President Donald Trump also tried to ban Tik Tok, but even then the short video sharing application approached the US courts and got a decision in his favor.
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Interview with Legal Expert on TikTok’s Appeal Against Potential Ban in the US
Editor: Today, we have the pleasure of speaking with Dr. Emily Chen, a legal expert specializing in technology law, to discuss TikTok’s recent legal maneuvers regarding its potential ban in the United States. Thank you for joining us, Dr. Chen.
Dr. Chen: Thank you for having me.
Editor: TikTok has filed a 100-page legal appeal to challenge its possible ban in the US. Can you tell us what this appeal may include and why it is significant?
Dr. Chen: Absolutely. The appeal likely outlines TikTok’s arguments against the ban, addressing claims that it poses a national security threat. By referencing previous discussions between the US government and TikTok from 2021 to 2022, they may argue that the government has not adequately justified the ban or demonstrated that the app poses an imminent danger to national security.
Editor: With the trial set to begin in September, what do you anticipate will happen in the coming months?
Dr. Chen: The next few months will involve both parties exchanging legal pleadings and evidence as required by court rules. TikTok must substantiate its claims while preparing for counterarguments from the government. This process could involve extensive legal maneuvering and negotiation, potentially leading to a pre-trial settlement if both sides find common ground.
Editor: How critical is this case for TikTok’s future in the US market?
Dr. Chen: This case is incredibly critical. A ruling against TikTok could not only impact its operations in the US but may also set a precedent for how the government can regulate foreign-owned tech companies. It could affect public trust and how users perceive their data security moving forward.
Editor: What are the potential implications for other apps and platforms if TikTok’s appeal does not succeed?
Dr. Chen: If TikTok loses this appeal, other foreign apps may face increased scrutiny. This could lead to a trend where more platforms are pressured to comply with strict national security regulations, altering the competitive landscape in the tech industry. Companies may need to adapt their operations or even consider relocating to avoid similar fates.
Editor: Thank you for your insights, Dr. Chen. It’s clear that this case could have significant repercussions beyond just TikTok.
Dr. Chen: Thank you for having me. It’s definitely a situation worth keeping an eye on.
Editor: Indeed. We’ll continue to follow this unfolding story closely. Thank you, everyone, for tuning in.
>Editor: Thank you for that insight. Given the US government’s requirement for TikTok to be sold to an American entity by January 2025, do you think this could influence how the case unfolds?
Dr. Chen: Definitely. The deadline for the potential sale adds a layer of urgency to the situation, and it may influence TikTok’s strategy. They might seek to negotiate terms of the sale that protect their interests, while simultaneously fighting the ban. If they can demonstrate that there’s a viable pathway forward for U.S. ownership without compromising national security, it might sway the court’s decision.
Editor: You mentioned the possibility of a pre-trial settlement. How common is this in high-profile cases like TikTok’s?
Dr. Chen: Pre-trial settlements are quite common as they can save time and resources for both parties. In high-profile cases, especially in the tech industry, companies often prefer to resolve disputes amicably. If TikTok can reach an agreement with the government that addresses legitimate security concerns while allowing it to continue operations, that could be a favorable outcome for both sides.
Editor: Dr. Chen, what implications could this case have on the future of tech regulation in the U.S. if TikTok is banned or forced to sell?
Dr. Chen: This case could set a precedent for how the U.S. government approaches foreign-owned tech companies, particularly with concerns over data privacy and national security. A ban could signal a tougher regulatory stance and embolden lawmakers to consider similar actions against other foreign apps. Conversely, a favorable ruling for TikTok might send a message about the importance of due process and fair competition in tech regulation. Either outcome will likely have a lasting impact on the tech landscape in the U.S.
Editor: Thank you, Dr. Chen, for sharing your expertise on this critical issue. We appreciate your time.
Dr. Chen: Thank you for having me. I look forward to seeing how this case unfolds.