Judge throws out Trump’s TikTok ban and warns it’s NOT legal to block viral app
A US judge has flown in the face of President Donald Trump’s executive order seeking to ban TikTok in the United States. The federal judge granted a preliminary injunction on Monday blocking the US Commerce Department from banning transactions with TikTok. The restrictions would have effectively barred the use of the Chinese-owned video sharing app […]
A US judge has flown in the face of President Donald Trump’s executive order seeking to ban TikTok in the United States.
The federal judge granted a preliminary injunction on Monday blocking the US Commerce Department from banning transactions with TikTok.
The restrictions would have effectively barred the use of the Chinese-owned video sharing app in the United States.
US District Judge Carl Nichols in Washington is the second federal judge to issue an order in a suit filed by TikTok-owner ByteDance.
Last month US judge Wendy Beetlestone in Pennsylvania blocked the same restrictions that were set to take effect on November 12 in a suit brought by some TikTok users.
Nichols on September 27 had separately blocked the Commerce Department from banning Apple and Google’s app stores from offering the app for downloads by new users.
A TikTok spokesman said it was “pleased that the court agreed with us and granted a preliminary injunction.”
Nichols, who was named to the bench by President Donald Trump last year, said the Commerce Department “likely overstepped” its legal authority in issuing the effective TikTok ban.
He added that the department “acted in an arbitrary and capricious manner by failing to consider obvious alternatives.”
The Commerce Department said it would “vigorously defend” Trump’s August executive order that authorised the restrictions.
A spokesperson said it “is fully consistent with law and promotes legitimate national security interests. The government will continue to comply with the injunctions.”
Nichols’ order enjoins the agency from barring data hosting within the United States for TikTok, content delivery services and other technical transactions.
On Friday, the Trump administration declined to grant ByteDance a new extension of Trump’s August order requiring it to sell TikTok’s US arm, but talks will continue, Reuters reported.
The Treasury Department said late on Friday the government “is engaging with ByteDance to complete the divestment and other steps necessary to resolve the national security risks.”
TikTok: Brief guide to the world's most downloaded app
- TikTok lets users create and share short videos with music and camera effects
- The hit app is best known for short dance videos, lip-syncing clips, comedy sketches, and talent footage
- It is owned by Beijing-based ByteDance, founded by the entrepreneur Zhang Yiming
- The $200billion conglomerate acquired the Musical.ly app in 2017 and merged it with TikTok, bringing millions of new users
- By February 2019, TikTok and Douyin had been downloaded more than a billion times
- It was the most-downloaded app on the App Store in 2018 and 2019
- Cyber experts have expressed concern over ByteDance’s alleged links to the Chinese government
- The Department of Defense has urged its employees to avoid using the app over national security concerns
- TikTok says it does not and would not share user data with the Chinese government
The Trump administration claims that TikTok poses national security concerns as the personal data of US users could be obtained by China’s government.
TikTok, which has over 100million US users, denies the allegation.
Under pressure from the US government, ByteDance has been in talks for months to finalise a deal with Walmart and data firm Oracle to shift TikTok’s US assets into a new entity.
A US appeals court will hear arguments on Nichols’ app store ban injunction on December 14.
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In other news, a horrifying clip of a man committing suicide went viral on TikTok earlier this year.
TikTok was recently caught collecting private user data for over a year in a brazen breach of Google app rules.
And here’s a profile of Charlie D’Amelio, the dancing Connecticut teen who is currently the app’s mos popular user.
What do you think of the TikTok ban fiasco? Let us know in the comments!
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