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Social media juggernaut TikTok has launched their legal battle against a looming ban in the United States, unveiling new details in their defense. The Chinese-owned platform is facing legislation that will shut them down nationwide unless they are sold off from parent company ByteDance by early next year.
In court filings, TikTok shared that back in 2022 they privately dangled a “kill switch” proposal to allay national security worries held by US officials. The unprecedented offer would have granted the government an explicit power to pull the plug on TikTok domestically at any point. However, they claim American authorities never seriously considered the offer and broke off talks.
The proposed National Security Agreement from August 2022 outlined steps like beefing up data safeguards and ensuring ByteDance had no access to American user information. But TikTok says the government ceased all substantive negotiations after that proposal without counteroffer or compromise. Letters between the two sides, first reported by the Washington Post, show the administration ignored requests to further discuss potential solutions.
TikTok is calling the impending ban an unconstitutional overreach that infringes on free speech rights. But a Wall Street Journal investigation found some data may have still passed between domestic and Chinese offices in early 2024, casting doubt on claims of a firewall. A government rep told the Washington Post in May that divestment from Chinese ownership remains “necessary” given serious ongoing national security risks.
The heated legal showdown will see oral arguments heard in September as TikTok and ByteDance fight alongside users to strike down the legislation. But with a January deadline looming before a full app blackout, time may be running out for the viral video platform to sway lawmakers and avoid an unprecedented shutdown across the United States.
