A federal judge has partially granted a temporary injunction to TikTok against the US government ban on the video sharing app.
The decision to grant a temporary injunction against the US ban on TikTok came just hours after the policy was was scheduled to take effect. This may be considered a win for the Chinese-owned app as it has deemed the ban unconstitutional and a violation of due process.
During an emergency hearing Sunday morning, John Hall, an attorney representing TikTok, pointed out that the ban would have been an "extraordinary action at the very time when the need for free open and accessible communication in America is at its zenith" ahead of the November presidential election.
TikTok ban
A week ago, the US Department of Commerce announced that it will ban TikTok and WeChat from app stores beginning September 20 unless a last-minute deal is approved.
According to the commerce department, it will ban people in the US from downloading the messaging app WeChat and video sharing app TikTok through any app store on any platform.
Department of Commerce Secretary Wilbur Ross said: “At the president’s direction, we have taken significant action to combat China’s malicious collection of American citizens’ personal data.”
While the department admits that the levels of threat posed by WeChat and TikTok are different, it said that both firms collected “vast swathes of data from users, including network activity, location data, and browsing and search histories”.
Under the order, TikTok users will still be able to access the app normally but they will not be able to download new updates.
The commerce department stated: “The President has provided until November 12 for the national security concerns posed by TikTok to be resolved.” Beyond this date, some technical transactions will be banned on the app which would affect functionality.
This initial deadline for the ban last weekend was extended after President Donald Trump gave his approval to a deal between Chinese firm Bytedance and US companies Oracle and Walmart.
President Trump emphasized that the deal would ensure the data security of the estimated 100 million Americans who use the app. He said: “The security will be 100%.”
Before he left for an election rally in North Carolina, Trump said: “I have given the deal my blessing. I approve the deal in concept.”
Temporary injunction
While Judge Carl Nichols' opinion was issued under seal, he indicated during the emergency hearing that the Trump administration's ban and how it's structured could be considered a "fairly significant deprivation" of TikTok's due process rights.
In a statement, TikTok said it was "pleased" with the ruling. The company also emphasized: "We will continue defending our rights for the benefit of our community and employees." It added that it is constant communication with the government regarding the proposed deal that Trump tentatively approved.
Meanwhile, the Commerce Department said it would comply with the injunction but argued that its order was "fully consistent with the law and promotes legitimate national security interests."
WeChat ban blocked by court
In other news, the order that bans downloading of the WeChat mobile app was temporarily blocked by US Magistrate Judge Laurel Beeler.
According to Judge Beeler, the plaintiffs, who are a group of US-based WeChat users, had shown “serious questions” in their claim that the executive order is a threat to their First Amendment rights.
In the preliminary injunction, Beeler wrote: “The plaintiffs’ evidence reflects that WeChat is effectively the only means of communication for many in the community, not only because China bans other apps, but also because Chinese speakers with limited English proficiency have no options other than WeChat.”
