Leonel Sohns, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0>, via Wikimedia Commons
On April 24, 2024, President Joe Biden signed into law the Protecting Americans from Foreign Adversary Controlled Applications Act (H.R. 7521). The bill, which passed with bipartisan support in the House and Senate, reflects growing concerns in the U.S. government about potential risks posed by the Chinese-owned app TikTok. Lawmakers believe the Chinese government may use the app to access sensitive data of U.S. consumers.
The new law requires TikTok's parent company, ByteDance Ltd., to sell its U.S. operations by January 19, 2025, or face a mandatory shutdown. In response, TikTok has filed a lawsuit in the U.S. Court of Appeals for the Federal Circuit, arguing that the law infringes on the company's First Amendment rights. The case, TikTok Inc. v. Merrick Garland, has also garnered attention from eight TikTok content creators, who have joined the appeal to highlight the potential impact on free speech protections.
TikTok also pursued other avenues for resolution as the ban made its way through the House and Senate. TikTok previously hired a company to lobby the U.S. government and worked with its partner, Oracle, on a project called “Project Texas” in 2022 to store its users' data within the U.S. which is unable to supervise the U.S. government instead of transferring data and personal profiles to China’s government. TikTok views this as a complementary measure aligned with U.S. national security requirements, helping to address concerns and avoid a potential ban.
However, these lobbying efforts proved unsuccessful causing the U.S. government to raise “national security concerns and concerns about the security of U.S. user data.”
In May 2024, TikTok filed a lawsuit to the U.S. Court of Appeals for the Federal Circuit. This time, two subjects initiated a case: the TikTok company and eight creators on the TikTok platform. Some political commentators have pointed out that this pairing is intended to address the U.S. government's national security cause of action and the discussion of free speech protections in the U.S., respectively. The group includes Brian Firebaugh, a rancher in rural Texas; Chloe Joy Sexton, a Tennessee baker who owns a cookie business; Talia Cadet, a D.C.-area-based book reviewer; Timothy Martin, a college football coach in North Dakota; Kiera Spann, a political activist in North Carolina; Paul Tran, a skin care brand founder in Georgia; Topher Townsend, a Mississippi-based rapper; and Steven King, a comedy creator in Arizona. The presence of these creators within the TikTok community emphasizes the user base’s assertion of free speech rights.
On September 16, 2024, The District of Columbia Court of Appeals heard a two-hour argument in TikTok Inc. v. Merrick Garland. TikTok submitted that the requirement of "qualified divestiture" is technically, commercially, and legally infeasible, especially after the 270-day deadline, which TikTok believes is an impossible divestiture itself from Bytedance before the deadline. Furthermore, TikTok proposed that the law should have been subjected to more rigorous scrutiny, Laws enacted by the government based on "the possibility of future Chinese control," rather than on a demonstrable threat, present a challenging standard for the government to justify.t. TikTok further asserted that even if ByteDance is owned by a Chinese company and the platform's content is based on foreign algorithms and rules, the enactment of this bill would still affect citizens' right to free speech under the First Amendment of the U.S. Constitution. The U.S. government highlighted data security concerns, suggesting that TikTok may potentially collect sensitive data about U.S. users that could be of interest to foreign entities. As of October 21, 2024, the bill has yet to be fully adjudicated, leaving questions about its potential impact.
With the ban set to take effect on January 19, 2025, the outcome of this legal battle will likely shape First Amendment free speech protections, impact the 150 million Americans who use TikTok, and potentially influence U.S.-China relations. As this landmark case progresses, it will continue to draw attention from legal experts, policymakers, and global observers alike.
Writing an essay is a powerful way to explore and express ideas. It provides a platform for writers to present their thoughts logically, persuading, informing, or reflecting. Through structured elements like an introduction, body paragraphs, and a conclusion, essays online term paper writing help the writer organize their argument or narrative clearly. An essay can tackle anything from societal issues to personal reflections. It not only develops critical thinking but also fosters creativity and communication skills. Essays are crucial in both academic and personal contexts, allowing individuals to convey their perspectives while engaging readers in meaningful dialogue.
The recent signing of the U.S. TikTok ban into law has sparked significant debate, balancing free speech against national security concerns. This legal battle is a critical moment for understanding how governments navigate privacy and protection in the digital age. Similarly, in the field of nursing, understanding global health and how healthcare professionals contribute to worldwide well-being is equally vital. Resources like https://www.nursingpaper.com/examples/nursing-role-in-global-health-essay/ offer insightful perspectives on the role of nursing in global health initiatives, emphasizing how nurses play a crucial part in addressing worldwide challenges. Both issues highlight the need for thoughtful policy and the importance of safeguarding what matters most.