TikTok files for injunction against upcoming Trump ban

[midian182]

TL;DR: With the deal between TikTok and Oracle/Walmart looking like no party can agree on terms, the app has filed for a preliminary injunction against the US ban set to start in a few days. The move comes after WeChat won a similar reprieve over the weekend.

The saga began back in August when Donald Trump signed a pair of executive orders that gave US businesses 45 days to stop any transactions with WeChat and ByteDance—ostensibly over security concerns—leaving the latter with little option but to sell TikTok's US operations.

It looked as if Microsoft would win the race to buy TikTok, but the Redmond firm was knocked back in favor of a partnership with Oracle and Walmart. Trump said he approved the deal "in concept," and the US Department of Commerce delayed the September 20 ban to September 27, 11:59 PM.

President Trump is speaking out on a TikTok deal, suggesting that Oracle and Walmart must have total control of TikTok, @EamonJavers reports. https://t.co/nZtpHFiKgw pic.twitter.com/9ZSFgMg8LK

— CNBC (@CNBC) September 21, 2020

The TikTok/Oracle/Walmart deal appears to be progressing far from smoothly. ByteDance said it would retain an 80 percent share in TikTok, but Trump insists he won't approve any deal in which the Chinese firm retains partial ownership of the app. Oracle, meanwhile, says both it and Walmart will be majority owners, and "ByteDance will have no ownership in TikTok Global." China previously said it wouldn't accept such a deal.

TikTok had already sued the Trump administration back in August, challenging the executive orders in court. After a California judge temporarily blocked the ban on WeChat following a petition from a group of users, citing "serious questions" about whether it was a first amendment violation, TikTok has now filed for a similar preliminary injunction in district court in Washington. It argues that "there is no plausible reason to insist the prohibitions be enforced immediately," adding that orders preventing downloads from the app stores “dramatically exceed” the administration's power under US law.

For those interested in reading the entire Pappas declaration, here you go: https://t.co/CWyvwQhIJP

— Bobby Allyn (@BobbyAllyn) September 23, 2020

NPR reporter Bobby Ally tweeted a declaration by TikTok that claims Trump's targeting of the app caused a dozen brands to cancel deals, costing the company $10 million. It also alleges that 52 candidates have declined job offers with TikTok and ByteDance due to uncertainty over the ban.

Permalink to story.

https://www.techspot.com/news/86865-tiktok-files-injunction-against-upcoming-trump-ban.html

 

[QuantumPhysics]

My entire country is suffering, on the verge of bankruptcy and stagflation and the government is busy fighting against a Vine-video clone.

 

[Endymio]

>> "... executive orders that gave US businesses 45 days to stop any transactions with WeChat and ByteDance—ostensibly over security concerns... "

Just can't report the news without injecting a little opinion, eh? To add a couple facts to the article.

-- In the months leading up to this order, there was bipartisan concern from many lawmakers on TikTok and similar PRC-funded apps and social-media platforms.
-- India has already banned TikTok, for the same reasons the US cited.
-- China's state-run paper has declared that the PRC will deny approval to sell TikTok, citing loss of control would be a "national security concern". A very odd position to take, for an ostensibly innocent video app.

 

[m4a4]

My entire country is suffering, on the verge of bankruptcy and stagflation and the government is busy fighting against a Vine-video clone.

If only there were enough people in government to multitask, eh? /s

Repeating the same disingenuous argument for every tiktok article doesn't make it any more true lol

 

[Uncle Al]

Take all their assets, fire all their staff ..... yeah, that's the American Way!

 

[QuantumPhysics]

Take all their assets, fire all their staff ..... yeah, that's the American Way!

The level of Executive Branch overeach here is almost as astounding as the lack of checks& balances push back.

Have Any of the Democrats fought against Trump's unconstitutional actions here?

Or are they simply allowing him to hide behind "national security"?

 

[Endymio]

Have Any of the Democrats fought against Trump's unconstitutional actions here?

The order is constitutional, under three statutes:

1) The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA),
2) The National Emergencies Act (50 U.S.C. 1601), and
3) Section 301, Title 3, United States Code.

Obama still holds the record for number of executive orders declared unconstitutional. His administration lost 96 cases in the Supreme Court, including 44 by unanimous 9-0 decisions-- even his own appointed justices ruled against him.

As far as I know, no major Democrat has come out in favor of TikTok. Few would likely wish to publicly support a company funded by the PRC, immediately before an election. In fact, last year Dem. Senator Chuck Schumer wrote a letter to the heads of the Armed Services specifically warning them against allowing members to use TikTok.