TikTok v. Trump

{{Wikisource|Executive Order 13942}}{{Main|Donald Trump–TikTok controversy}}

TikTok, a social media networking platform owned by ByteDance and based in Beijing, China,{{Cite web|title=ByteDance|url=https://www.bytedance.com/en/products|url-status=live|archive-url=https://web.archive.org/web/20200821090722/https://www.bytedance.com/en/products|archive-date=21 August 2020|access-date=10 August 2020|website=www.bytedance.com}} received criticism by the Trump administration about the data it collects and the security threat it allegedly poses. In June 2020, TikTok was criticized for accessing the clipboard content on their users' iOS devices, a feature the company said it had plans to cease. TikTok argued this feature was set up as an "anti-spam" measure but removed the feature regardless.Kim Lyons, [https://www.theverge.com/2020/6/26/21304228/tiktok-security-ios-clipboard-access-ios14-beta-feature TikTok says it will stop accessing clipboard content on iOS devices], Theverge.com, 26 June 2020 The Trump Administration restricted the use of TikTok within the United States government and military, instructing officials to delete the application from devices owned by the government.{{Cite news|last1=Bell|first1=M.B.|last2=Wang|first2=Echo|date=20 December 2019|title=U.S. Navy bans TikTok from government-issued mobile devices|work=Reuters|url=https://www.reuters.com/article/us-usa-tiktok-navy-idUSKBN1YO2HU|url-status=live|access-date=21 December 2019|archive-url=https://web.archive.org/web/20191221185155/https://www.reuters.com/article/us-usa-tiktok-navy-idUSKBN1YO2HU|archive-date=21 December 2019}}{{cite web|last=Calma|first=Justine|date=31 December 2019|title=US Army bans soldiers from using TikTok|url=https://www.theverge.com/2019/12/31/21044559/us-army-bans-soldiers-from-using-tiktok|url-status=live|archive-url=https://web.archive.org/web/20191231191906/https://www.theverge.com/2019/12/31/21044559/us-army-bans-soldiers-from-using-tiktok|archive-date=31 December 2019|access-date=31 December 2019|website=The Verge|language=en}}{{Cite news|last1=Harwell|first1=Drew|last2=Romm|first2=Tony|date=31 December 2019|title=U.S. Army bans TikTok on military devices, signaling growing concern about app's Chinese roots|newspaper=The Washington Post|url=https://www.washingtonpost.com/technology/2019/12/31/us-army-bans-tiktok-military-devices-signaling-growing-concern-about-apps-chinese-roots/|url-status=live|access-date=5 January 2019|archive-url=https://web.archive.org/web/20191231235101/https://www.washingtonpost.com/technology/2019/12/31/us-army-bans-tiktok-military-devices-signaling-growing-concern-about-apps-chinese-roots/|archive-date=31 December 2019}}

On July 7, 2020, United States Secretary of State Mike Pompeo announced that he was considering a ban on TikTok in the United States. On July 31, Donald Trump told reporters that he would be banning TikTok's operations in the United States, rejecting a potential deal where ByteDance would sell a majority stake in TikTok to an American tech company such as Microsoft.{{Cite web|last=Fung|first=Brian|date=August 1, 2020|title=Trump says he will ban TikTok|url=https://www.cnn.com/2020/07/31/tech/tiktok-trump-bytedance-sale/index.html|access-date=2021-03-31|website=CNN}} Trump reversed this position a few days later, announcing on August 3 that TikTok had until September 15 to sell a majority of its holdings to a company based in the United States. He stipulated, however, that the United States Department of the Treasury would have to receive a "substantial amount of money" from the deal, attributing TikTok's success to operations in the United States and arguing that TikTok owed the United States government for this success.{{Cite web|last1=Iyengar|first1=Rishi|last2=Effron|first2=Oliver|last3=Carvajal|first3=Nikki|date=August 4, 2020|title=Trump says TikTok sale can go through but only if the US gets a cut|url=https://www.cnn.com/2020/08/03/tech/tiktok-acquisition-trump-treasury/index.html|access-date=2021-03-31|website=CNN}}

On August 6, 2020, Donald Trump issued Executive Order 13942, directing the Secretary of Commerce to prohibit any and all transactions with ByteDance under the International Emergency Economic Powers Act. To invoke the act, Trump also declared a national emergency based on the information TikTok collects.{{Cite web|date=2019-05-17|title=Securing the Information and Communications Technology and Services Supply Chain|url=https://www.federalregister.gov/documents/2019/05/17/2019-10538/securing-the-information-and-communications-technology-and-services-supply-chain|access-date=2021-03-31|website=Federal Register}} The order gave ByteDance until November 12, 45 days after the issuing of the order, to sell a majority portion of the company to an American company.{{Cite web|last=Iyengar|first=Rishi|date=November 26, 2020|title=TikTok owner gets another week to sell its US business|url=https://www.cnn.com/2020/11/26/tech/tiktok-cfius-deadline-extended-december/index.html|access-date=2021-03-31|website=CNN}} On November 13, Trump extended the deadline to November 27,{{Cite web|last1=Fung|first1=Brian|last2=Pham|first2=Sherisse|date=November 13, 2020|title=TikTok granted two more weeks to reach a deal for US business|url=https://www.cnn.com/2020/11/13/tech/tiktok-november-deadline-extension/index.html|access-date=2021-03-31|website=CNN}} and then to December 4.

Back on August 24, 2020, TikTok announced that it was filing suit against Trump and alleged that the ban violated the First Amendment of the United States Constitution.{{cite news|date=August 24, 2020|title=TikTok sues Trump administration over U.S. ban, calls it an election ploy|work=Reuters|url=https://www.reuters.com/article/us-usa-china-tiktok-lawsuit/tiktok-sues-trump-over-threatened-u-s-ban-calling-it-an-election-ploy-idUSKBN25K1SH}} On September 13, TikTok announced that it would attempt to make a deal to sell the company to American tech company Oracle, removing speculation that the company could be bought by Microsoft.Todd Bishop, [https://www.geekwire.com/2020/microsofts-bid-tiktok-rejected-bytedance-deal-deadline-approaches/ Microsoft’s bid for TikTok rejected by ByteDance as reports name Oracle the winner of modified deal], Geekwire.com, 13 September 2020[https://developerz.software/2020/09/15/china-us-trade-war-the-battle-against-tik-tok/ China-US Trade War : The battle against Tik Tok] {{Webarchive|url=https://web.archive.org/web/20210128151505/https://developerz.software/2020/09/15/china-us-trade-war-the-battle-against-tik-tok/ |date=January 28, 2021 }}, Developerz.software, 15 September 2020 The Department of Commerce banned new downloads of TikTok on September 18, removing it from application stores a few days after.{{Cite web|title=Commerce Department bans downloads of TikTok and WeChat in U.S.|url=https://www.cbsnews.com/news/tiktok-wechat-ban-downloads-sunday-national-security/|access-date=2021-03-31|website=www.cbsnews.com|date=September 18, 2020 |language=en-US}}

TikTok filed their initial complaint on September 18, 2020, in the District of Columbia district court. On September 23, TikTok also filed a motion for a preliminary injunction against Trump's order, which was granted in part and denied in part by Judge Carl J. Nichols on September 27. In his memorandum opinion, Judge Nichols concluded that TikTok was likely to succeed on the merits, because "informational materials" are transferred on the application. Irreparable harm was also shown due to the potential competitive losses suffered by TikTok if the ban were to be enacted. Judge Nichols also found that the government's interest was insufficient to warrant a full ban of TikTok.{{cite court |litigants=TikTok v. Trump |vol= |reporter=No. |opinion=1:20-cv-02658-CJN (Order)|pinpoint= |court=D.D.C. |date=Sep. 27, 2020|url=https://www.courtlistener.com/recap/gov.uscourts.dcd.222257/gov.uscourts.dcd.222257.29.0_10.pdf |accessdate=2020-09-28 |quote=}}{{cite court |litigants=TikTok v. Trump |vol= |reporter=No. |opinion=1:20-cv-02658-CJN (Opinion)|pinpoint= |court=D.D.C. |date=Sep. 27, 2020|url=https://www.courtlistener.com/recap/gov.uscourts.dcd.222257/gov.uscourts.dcd.222257.30.0_3.pdf |accessdate=2020-09-28 |quote=}}

On December 7, 2020, three days after the deadline to sell the company had passed, Nichols fully blocked Trump's request to ban TikTok in the United States. The judge argued that Trump's emergency economic powers did not suffice to operate an arbitrary ban on a mobile app.Bobby Allyn, [https://www.npr.org/2020/12/07/944039053/u-s-judge-halts-trumps-tiktok-ban-the-2nd-court-to-fully-block-the-action?t=1609087334425 U.S. Judge Halts Trump's TikTok Ban, The 2nd Court To Fully Block The Action], Npr.org, 7 December 2020 On July 21, 2021, following new President Joe Biden's decision to rescind President Trump's executive order, the lawsuit (then captioned TikTok v. Biden{{citation needed|date=February 2025}}) was dismissed by joint stipulation of the parties.{{cite news |last1=Fung |first1=Brian |title=TikTok, Biden administration agree to drop litigation over Trump-era app store ban |url=https://www.cnn.com/2021/07/22/tech/tiktok-trump-ban-dismissed/index.html |access-date=13 August 2021 |work=CNN |date=22 July 2021}}{{cite web |title=Stipulation of Dismissal – #71 in TIKTOK INC. v. TRUMP (D.D.C., 1:20-cv-02658) |url=https://www.courtlistener.com/docket/18455532/71/tiktok-inc-v-trump/ |website=CourtListener |access-date=13 August 2021 |language=en-us}}

{{reflist}}

• Case docket for [https://www.courtlistener.com/docket/18455532/tiktok-inc-v-trump/ TikTok Inc. v. Trump, 1:20-cv-02658, (D.D.C.)] at CourtListener

{{TikTok navbox}}

Category:2020 in Internet culture

Category:China–United States relations

Category:Donald Trump litigation

Category:Censorship of TikTok

Category:United States District Court for the District of Columbia cases

Category:Internet censorship in the United States