TikTok and its Beijing-based parent company, ByteDance, on Monday faced a tough line of questioning at a US appeals court while stating that a law which could force the company to sell its US operations or face a countrywide ban by January 19 would have a “staggering” effect on free speech.
TikTok said the law, passed this year, was aimed at one platform and was infringing on free speech rights. Representatives for the video-sharing app, which is used by 170 million people in the US, said a ban would be a “radical departure from this country’s tradition of championing an open internet”.
TikTok has been a focal point in US-China relations, especially when it comes to data privacy and national security.
It has been at the heart of the Biden administration's efforts to curb what it sees as a growing dominance of Chinese technology apps, which it claims collect US citizens' data. TikTok has repeatedly denied such allegations.
The new law gives ByteDance until January 19 to sell or divest TikTok's US assets or face a complete ban in the US. TikTok and the US Department of Justice have requested a ruling by December 6, which could allow the US Supreme Court to consider any appeal before a ban takes effect.
This law imposes extraordinary speech prohibition based on indeterminate future risks
Andrew Pincus,
TikTok's lawyer
The new law will prevent platforms such as Apple's App Store and Alphabet's Google Play Store from offering TikTok, and it will prohibit internet hosting services from supporting the app unless ByteDance divests its US operations by the deadline.
US President Joe Biden has the authority to extend the deadline by up to three months if he determines that ByteDance is moving towards completing the sale.
A panel of three judges – Sri Srinivasan, Neomi Rao and Douglas Ginsburg – heard the arguments in the Court of Appeals for the District of Columbia on Monday.
TikTok, along with a group of content creators, contended that the government has failed to provide evidence of national security risks caused by its operations.
The company has said divestment is “not possible technologically, commercially or legally”.
“This law imposes extraordinary speech prohibition based on indeterminate future risks,” the company's lawyer, Andrew Pincus, told the court.
Mr Pincus said TikTok is not owned by China. “For the first time in history, Congress has expressly targeted a specific US speaker, banning its speech and the speech of 170 million Americans. The owner of TikTok is ByteDance Ltd, a Cayman Islands holding company.”
ByteDance Ltd said the code behind its platform is based in the US. But Mr Srinivasan said that the firm was “subject to Chinese control”.
TikTok: security threat to US
The US government said the threat posed by TikTok’s ties to China and the app pose a “serious national-security threat”. It claimed that ByteDance could be compelled to share the US user data with the Chinese government.
“There is really no dispute here that the recommendation engine is maintained, developed, and written by ByteDance rather than TikTok US,” said Daniel Tenny, a lawyer for the US Department of Justice. “It is not expression by Americans in America – it is expression by Chinese engineers in China.”
The Biden administration has expressed a preference for TikTok's ownership to be transferred to a non-Chinese company rather than imposing a complete ban. Former president Donald Trump, meanwhile, has stated that, if re-elected in November, he would not support a ban on the platform.
Republican candidate Mr Trump and Vice President Kamala Harris, the Democratic candidate, are both active on TikTok. Social media has been an important part of their campaigns.
US authorities cite 'two-fold' risks
There are two main concerns, US Attorney General Merrick Garland told the US court in a 115-page statement submitted on July 30.
First, the TikTok app collects vast amounts of sensitive data from its 170 million US users, including data on users' precise locations, viewing habits and private messages, as well as data on users' phone contacts who do not use TikTok.
Mr Garland expressed concern that the Chinese government could use its authority to take control of this data and thus obtain “access to Americans’ personal and proprietary information”, which China could “stockpile and strategically deploy to undermine the US security”.
Second, the application employed a proprietary algorithm, based in China, to determine which videos are delivered to users.
That algorithm can be manually manipulated, and its location in China would permit the Chinese government to covertly control it and secretly shape the content that American users receive.
“In the end, Congress determined that a legislative solution was warranted and enacted the Protecting Americans from Foreign Adversary Controlled Applications Act … [that] requires TikTok to be divested from Chinese ownership.”
What is the new law that TikTok is fighting?
The Protecting Americans from Foreign Adversary Controlled Applications Act was introduced to address national security concerns. It was passed by the US House of Representatives on March 13 and Mr Joe Biden signed it into law on April 24.
It gave apps such as TikTok between 270 and 360 days to sever ties with entities controlled by foreign adversaries or face bans on distribution and operation in the US.
In May, TikTok told a US federal appeals court that the Department of Justice had misstated the platform's ties to China and urged the court to overturn the law.
Taxpayers’ money is at stake
Industry analysts said that, so far, there is no clear winner or direction after Monday’s arguments, as neither side made a compelling case to shift the outcome.
Given the support for TikTok in the US, analysts foresee a long battle in which “no irreversible or consequential actions” will be taken by the January deadline, said Yashin Manraj, chief executive of US-based Pvotal Technologies.
Public support for a TikTok ban continues to decline, as many American adults are unsure such a ban will happen, according to a Pew Research Centre survey taken during July and August.
The share of Americans who support the US government banning TikTok stood at 32 per cent, down from 50 per cent in March 2023, it revealed.
Almost 28 per cent of Americans oppose a ban, up from 22 per cent in March last year. The share who say they are uncertain has risen from 28 per cent in March last year to 39 per cent.
“There are already massive communities with VPN guides and web app alternatives to bypass any restrictions, and it is unlikely that the US will be able to restrict access to TikTok successfully unless they adopt drastic measures,” Mr Manraj told The National.
“The only loser in this fight will be the taxpayers footing the bill for lengthy court actions and appeals … at the same time, ByteDance receives far more free publicity and interest than its counterparts.”
TikTok: navigating bans and restrictions
Launched in China in September 2016, TikTok was introduced in the US in 2018 after ByteDance’s $1 billion purchase of lip-synching app Musical.ly.
In September 2020, the Trump administration approved Oracle’s bid to buy the US operations of TikTok, leading to a tentative deal in which Oracle and Walmart would get a combined 20 per cent stake in a global TikTok business, averting a blanket ban on the social media app.
But the deal did not materialise as ByteDance approached the federal appeals court in Washington in November 2020, requesting it to stop the US government from forcing a sale.
TikTok is banned or restricted in several countries due to concerns over privacy, data security and inappropriate content. India, previously one of its biggest markets, was among the first to impose a ban, in 2020. Afghanistan banned the platform in 2022, saying it misleads young people.
Pakistan has enacted temporary bans over content concerns but has lifted restrictions after adjustments were made. Canada and the UK have banned it from government-owned devices.
RESULTS
5pm Maiden (PA) Dh80,000 (Turf) 1,600m
Winner Thabet Al Reef, Bernardo Pinheiro (jockey), Abdallah Al Hammadi (trainer)
5.30pm Handicap (PA) Dh80,000 (T) 1,600m
Winner Blue Diamond, Pat Cosgrave, Abdallah Al Hammadi
6pm Arabian Triple Crown Round-1 Listed (PA) Dh230,000 (T) 1,600m
Winner Hameem, Adrie de Vries, Abdallah Al Hammadi
6.30pm Wathba Stallions Cup Handicap (PA) Dh70,000 (T) 1,400m
Winner Shoja’A Muscat, Szczepan Mazur, Ibrahim Al Hadhrami
7pm Maiden (PA) Dh80,000 (T) 1,200m
Winner Heros De Lagarde, Szczepan Mazur, Ibrahim Al Hadhrami
7.30pm Handicap (TB) Dh100,000 (T) 2,400m
Winner Good Tidings, Antonio Fresu, Musabah Al Muhairi
At a glance
Global events: Much of the UK’s economic woes were blamed on “increased global uncertainty”, which can be interpreted as the economic impact of the Ukraine war and the uncertainty over Donald Trump’s tariffs.
Growth forecasts: Cut for 2025 from 2 per cent to 1 per cent. The OBR watchdog also estimated inflation will average 3.2 per cent this year
Welfare: Universal credit health element cut by 50 per cent and frozen for new claimants, building on cuts to the disability and incapacity bill set out earlier this month
Spending cuts: Overall day-to day-spending across government cut by £6.1bn in 2029-30
Tax evasion: Steps to crack down on tax evasion to raise “£6.5bn per year” for the public purse
Defence: New high-tech weaponry, upgrading HM Naval Base in Portsmouth
Housing: Housebuilding to reach its highest in 40 years, with planning reforms helping generate an extra £3.4bn for public finances
Brief scores
Barcelona 2
Pique 36', Alena 87'
Villarreal 0
'The Woman in the House Across the Street from the Girl in the Window'
Director:Michael Lehmann
Stars:Kristen Bell
Rating: 1/5
Global state-owned investor ranking by size
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Ireland v Denmark: The last two years
Denmark 1-1 Ireland
7/06/19, Euro 2020 qualifier
Denmark 0-0 Ireland
19/11/2018, Nations League
Ireland 0-0 Denmark
13/10/2018, Nations League
Ireland 1 Denmark 5
14/11/2017, World Cup qualifier
Denmark 0-0 Ireland
11/11/2017, World Cup qualifier
COMPANY PROFILE
Name: Kumulus Water
Started: 2021
Founders: Iheb Triki and Mohamed Ali Abid
Based: Tunisia
Sector: Water technology
Number of staff: 22
Investment raised: $4 million
FIXTURES
All times UAE ( 4 GMT)
Saturday
Fiorentina v Torino (8pm)
Hellas Verona v Roma (10.45pm)
Sunday
Parma v Napoli (2.30pm)
Genoa v Crotone (5pm)
Sassuolo v Cagliari (8pm)
Juventus v Sampdoria (10.45pm)
Monday
AC Milan v Bologna (10.45om)
Playing September 30
Benevento v Inter Milan (8pm)
Udinese v Spezia (8pm)
Lazio v Atalanta (10.45pm)
Results
2pm: Handicap Dh 90,000 1,800m; Winner: Majestic Thunder, Tadhg O’Shea (jockey), Satish Seemar (trainer).
2.30pm: Handicap Dh120,000 1,950m; Winner: Just A Penny, Sam Hitchcott, Doug Watson.
3pm: Handicap Dh105,000 1,600m; Winner: Native Appeal, Pat Dobbs, Doug Watson.
3.30pm: Jebel Ali Classic Conditions Dh300,000 1,400m; Winner: Thegreatcollection, Adrie de Vries, Doug Watson.
4pm: Maiden Dh75,000 1,600m; Winner: Oktalgano, Xavier Ziani, Salem bin Ghadayer.
4.30pm: Conditions Dh250,000 1,400m; Winner: Madame Ellingtina, Richard Mullen, Satish Seemar.
5pm: Maiden Dh75,000 1,600m; Winner: Mystery Land, Fabrice Veron, Helal Al Alawi.
5.30pm: Handicap Dh85,000 1,000m; Winner: Shanaghai City, Jesus Rosales, Rashed Bouresly.
Meg%202%3A%20The%20Trench
%3Cp%3E%3Cstrong%3EDirector%3A%20%3C%2Fstrong%3EBen%20Wheatley%3Cbr%3E%3Cstrong%3EStars%3A%20%3C%2Fstrong%3EJason%20Statham%2C%20Jing%20Wu%2C%20Cliff%20Curtis%2C%20Page%20Kennedy%2C%20Cliff%20Curtis%2C%20Melissanthi%20Mahut%20and%20Shuya%20Sophia%20Cai%3Cbr%3E%3Cstrong%3ERating%3A%20%3C%2Fstrong%3E2%2F5%3C%2Fp%3E%0A
Killing of Qassem Suleimani
Francesco Totti's bio
Born September 27, 1976
Position Attacking midifelder
Clubs played for (1) - Roma
Total seasons 24
First season 1992/93
Last season 2016/17
Appearances 786
Goals 307
Titles (5) - Serie A 1; Italian Cup 2; Italian Supercup 2
UAE currency: the story behind the money in your pockets
Gothia Cup 2025
4,872 matches
1,942 teams
116 pitches
76 nations
26 UAE teams
15 Lebanese teams
2 Kuwaiti teams
Key facilities
- Olympic-size swimming pool with a split bulkhead for multi-use configurations, including water polo and 50m/25m training lanes
- Premier League-standard football pitch
- 400m Olympic running track
- NBA-spec basketball court with auditorium
- 600-seat auditorium
- Spaces for historical and cultural exploration
- An elevated football field that doubles as a helipad
- Specialist robotics and science laboratories
- AR and VR-enabled learning centres
- Disruption Lab and Research Centre for developing entrepreneurial skills
How to get there
Emirates (www.emirates.com) flies directly to Hanoi, Vietnam, with fares starting from around Dh2,725 return, while Etihad (www.etihad.com) fares cost about Dh2,213 return with a stop. Chuong is 25 kilometres south of Hanoi.
The specs
Engine: Two permanent-magnet synchronous AC motors
Transmission: two-speed
Power: 671hp
Torque: 849Nm
Range: 456km
Price: from Dh437,900
On sale: now
The Indoor Cricket World Cup
When: September 16-23
Where: Insportz, Dubai
Indoor cricket World Cup:
Insportz, Dubai, September 16-23
UAE fixtures:
Men
Saturday, September 16 – 1.45pm, v New Zealand
Sunday, September 17 – 10.30am, v Australia; 3.45pm, v South Africa
Monday, September 18 – 2pm, v England; 7.15pm, v India
Tuesday, September 19 – 12.15pm, v Singapore; 5.30pm, v Sri Lanka
Thursday, September 21 – 2pm v Malaysia
Friday, September 22 – 3.30pm, semi-final
Saturday, September 23 – 3pm, grand final
Women
Saturday, September 16 – 5.15pm, v Australia
Sunday, September 17 – 2pm, v South Africa; 7.15pm, v New Zealand
Monday, September 18 – 5.30pm, v England
Tuesday, September 19 – 10.30am, v New Zealand; 3.45pm, v South Africa
Thursday, September 21 – 12.15pm, v Australia
Friday, September 22 – 1.30pm, semi-final
Saturday, September 23 – 1pm, grand final
Benefits of first-time home buyers' scheme
- Priority access to new homes from participating developers
- Discounts on sales price of off-plan units
- Flexible payment plans from developers
- Mortgages with better interest rates, faster approval times and reduced fees
- DLD registration fee can be paid through banks or credit cards at zero interest rates
UAE Premiership
Results
Dubai Exiles 24-28 Jebel Ali Dragons
Abu Dhabi Harlequins 43-27 Dubai Hurricanes
Final
Abu Dhabi Harlequins v Jebel Ali Dragons, Friday, March 29, 5pm at The Sevens, Dubai
SUNDAY'S ABU DHABI T10 MATCHES
Northern Warriors v Team Abu Dhabi, 3.30pm
Bangla Tigers v Karnataka Tuskers, 5.45pm
Qalandars v Maratha Arabians, 8pm
MATCH DETAILS
Barcelona 0
Slavia Prague 0
'Laal Kaptaan'
Director: Navdeep Singh
Stars: Saif Ali Khan, Manav Vij, Deepak Dobriyal, Zoya Hussain
Rating: 2/5
Grand Slam Los Angeles results
Men:
56kg – Jorge Nakamura
62kg – Joao Gabriel de Sousa
69kg – Gianni Grippo
77kg – Caio Soares
85kg – Manuel Ribamar
94kg – Gustavo Batista
110kg – Erberth Santos
Women:
49kg – Mayssa Bastos
55kg – Nathalie Ribeiro
62kg – Gabrielle McComb
70kg – Thamara Silva
90kg – Gabrieli Pessanha
MOUNTAINHEAD REVIEW
Starring: Ramy Youssef, Steve Carell, Jason Schwartzman
Director: Jesse Armstrong
Rating: 3.5/5
Squid Game season two
Director: Hwang Dong-hyuk
Stars: Lee Jung-jae, Wi Ha-joon and Lee Byung-hun
Rating: 4.5/5
Teaching in coronavirus times
The specs
- Engine: 3.9-litre twin-turbo V8
- Power: 640hp
- Torque: 760nm
- On sale: 2026
- Price: Not announced yet
What is Genes in Space?
Genes in Space is an annual competition first launched by the UAE Space Agency, The National and Boeing in 2015.
It challenges school pupils to design experiments to be conducted in space and it aims to encourage future talent for the UAE’s fledgling space industry. It is the first of its kind in the UAE and, as well as encouraging talent, it also aims to raise interest and awareness among the general population about space exploration.
ELIO
Starring: Yonas Kibreab, Zoe Saldana, Brad Garrett
Directors: Madeline Sharafian, Domee Shi, Adrian Molina
Rating: 4/5
RESULTS
6pm: Mazrat Al Ruwayah – Group 2 (PA) $40,000 (Dirt) 1,600m
Winner: AF Alajaj, Tadhg O’Shea (jockey), Ernst Oertel (trainer)
6.35pm: Race of Future – Handicap (TB) $80,000 (Turf) 2,410m
Winner: Global Storm, William Buick, Charlie Appleby
7.10pm: UAE 2000 Guineas – Group 3 (TB) $150,000 (D) 1,600m
Winner: Azure Coast, Antonio Fresu, Pavel Vashchenko
7.45pm: Business Bay Challenge – Listed (TB) $100,000 (T) 1,400m
Winner: Storm Damage, Patrick Cosgrave, Saeed bin Suroor
20.20pm: Curlin Stakes – Listed (TB) $100,000 (D) 2,000m
Winner: Appreciated, Fernando Jara, Doug O’Neill
8.55pm: Singspiel Stakes – Group 2 (TB) $180,000 (T) 1,800m
Winner: Lord Glitters, Daniel Tudhope, David O'Meara
9.30pm: Al Shindagha Sprint – Group 3 (TB) $150,000 (D) 1,200m
Winner: Meraas, Antonio Fresu, Musabah Al Muhairi
