Trump Urges Supreme Court to Pause TikTok Ban

 Trump Asks Supreme Court to Freeze Ban on TikTok The President-elect did not comment on the app's First Amendment argument against the law that mandates Jan. 19 as the last day for the popular platform to sell or close.

President-elect Donald J. Trump filed an unusual brief Friday asking the Supreme Court to freeze a law that requires TikTok to be sold or closed by Jan. 19.

The deadline falls on the eve of Mr. Trump's inauguration, and the brief appealed to the justices to grant him that reprieve to address the matter.

The brief reported the case on TikTok: "President Trump opposes banning TikTok in the United States at this juncture," the brief said, "and seeks the ability to resolve the issues at hand through political means once he takes office."

The brief took no position on the legal question that the justices will consider when they hear arguments in the case next month: whether Congress violated the First Amendment by effectively banning TikTok. Adopting a distinctive tone contrary to the sober and measured arguments more typical in Supreme Court advocacy, the brief instead trumpeted Mr. Trump's expertise.

"President Trump alone possesses the consummate deal-making expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the government complaints which President Trump himself has acknowledged," the brief said.

Mr. Trump, the brief added, is particularly knowledgeable about social media in general and TikTok in particular.

"President Trump is one of the most powerful, prolific, and influential users of social media in history," the brief said. "Consistent with his commanding presence in this area, President Trump currently has 14.7 million followers on TikTok with whom he actively communicates, allowing him to evaluate TikTok's importance as a unique medium for freedom of expression, including core political speech."

In its own brief filed Friday, TikTok told the Supreme Court that the application of the law at issue in the case violated the First Amendment by stifling the speech of 170 million American users based on mere speculation about potential Chinese national security threats.

The government banned an astonishing amount of speech; demanded deference to unsubstantiated predictions that a future risk would materialize; and got the facts wrong when it bothered to provide them, the brief said.

"Congress's unprecedented attempt to single out petitioners and bar them from operating one of the nation's most significant speech venues is profoundly unconstitutional," the brief added.

The Biden administration argued that the law, passed by bipartisan congressional majorities, was grounded in reality regarding a foreign adversary planning to collect users' personal data and disseminate false information.

The law, the brief said, "addresses the serious threats to national security posed by the Chinese government's control of TikTok, a platform that harvests sensitive data about tens of millions of Americans and would be a potent tool for covert influence operations by a foreign adversary."

A brief filed by the users of the service admitted that the United States is in the midst of an "intense geopolitical competition" with China. But the brief contended that "stripping millions of Americans of their First Amendment rights" was the wrong response.

How does the Biden administration justify the TikTok ban?

The Biden administration bases its justification for the TikTok ban on national security concerns, risks of data privacy, and its connection with its parent company in China, ByteDance. Here are the relevant points that justify this kind of rationale:

National Security Concerns

Information availability by China: These fears indicate that the Chinese state through TikTok may make American users' sensitive data availed to them easily since China's national laws that govern security oblige an operation to cooperate with all governmental intelligence agencies. As such, the Chinese may seize the opportunity to see through the data of user availabilities without their willingness.

Influence and Disinformation: There is the feeling that the algorithms of TikTok could be manipulated for the spread of misinformation or propaganda, thereby controlling U.S. public opinion at large. This is covert, affecting what information is presented to the users at critical times,

Risk to Data Privacy

Extensive Data Collection: TikTok collects very broad user data, from location to type of device and usage behavior. The Biden administration believes that this data can be used inappropriately or transferred to the Chinese government, thus violating the users' privacy.

The government accuses TikTok of a lack of transparency on its handling and who accesses the users' information. This, to some extent, means an increase in questions raised as the company fails to fully implement U.S. standards about privacy.

Regulatory compliance and protecting U.S. interests

The Biden administration does this, making the stand in line with the greater direction of controlling the technology corporations and keeping them within certain standards concerning privacy and security. A proposed ban serves to ensure American interests regarding the protection of citizens on platforms through securing them against foreign influences and data breaches.

It will keep TikTok in the United States, if it divests itself of its Chinese ownership. This would mean that the administration is willing to compromise on solutions that minimize security risks but leave the platform accessible.

In a nutshell, the Biden administration sees the TikTok ban as one step towards national security and protection of American users from data exploitation and misinformation campaigns due to its Chinese ownership.

What alternatives has TikTok proposed to avoid the ban?

TikTok has brought forth several alternatives and recommendations it suggests addressing the issue of national security and data privacy concerns which the Biden administration raised its objection about. Some of those include:

1. Project Texas

TikTok has launched a program called Project Texas, which stores user data on U.S. soil and ensures that those companies handling the data will be American. This is in hopes that it separates the company's TikTok operations in the United States from its Chinese parent, ByteDance.
The move will see it partner with Oracle, a U.S.-based cloud computing company, to manage and store user data, limiting access from outside the U.S. This is to assuage fears that the Chinese government may have access to sensitive data about American users.

2. Legal Appeals

TikTok has filed a lawsuit to protest the mandate compelling it to divest itself of ByteDance. Such a law, the firm argued, tramples the First Amendment rights of its users and lacks grounds for national security concerns.
The company is appealing it to the Supreme Court, urging it to issue a temporary stay on the enforcement of that law pending review of their case. This legal gambit will postpone the ban and give TikTok much-needed time to negotiate a way out.

3. The Option of Divestiture

Although TikTok has claimed that it is not for sale, the fact that there may still be divestment from ByteDance if necessary might help solve this issue. Perhaps this could include selling TikTok to some American entity or a group of investors in an effort to comply with U.S. regulations while continuing the operation of the company in the United States.
The Biden administration has made it clear that a successful divestiture would help avoid a ban, hence making this a crucial aspect for TikTok.

4. Engagement with Legislators

TikTok has been engaging lawmakers in the United States to assure them of its commitment to user safety and data privacy. Through engagement with governmental officials, TikTok hopes to build trust and also influence decisions regarding its future in the United States.

5. Alternative Solutions

Now, TikTok is weighing alternative solutions that could, perhaps, keep it under regulatory compliance without breaking off its entire company. This also means increased transparency over data practices as well as strengthening privacy.
All of this is, in fact, the signals of how TikTok might sail through the web of regulation while trying to protect the huge US user base that stands at over 170 million users.