TikTok legal challenge against U.S. executive order may arrive Monday

Posted:
in General Discussion
Video sharing platform TikTok is going to take on the presidential executive order in a new legal challenge as early as Monday, a report claims, as the embattled app tries to shake off the impending ban on transactions.




Since the introduction of an executive order from President Donald Trump that would effectively ban TikTok and WeChat in the United States by preventing companies from performing transactions with it, the app has been preparing to mount a legal challenge on the order. In a similar claim to an earlier August 8 report, it is now believed TikTok will be filing a federal lawsuit in the near future, potentially on Monday.

Sources of Reuters claim the legal challenge relates to the earlier August 6 executive order, rather than an updated version on August 14 that gave ByteDance 90 days to divest TikTok's US operations. It is unclear exactly when and which court the filing will undertake, but sources also add this won't be the only legal challenge, with TikTok employees also allegedly working on their own lawsuit.

The argument against the August 6 executive order is that it relies on the International Emergency Economic Powers Act, which deprived TikTok of due process. This concept was raised in an earlier story about TikTok's legal plans.

At the same time, TikTok will also be working to contest the classification of the company by the White House as a national security threat. U.S. officials are concerned by the app's ownership by a Chinese entity, with the fear that data on US-based users may be collected and used by China's government.

If the information is correct, the lawsuit won't halt the later executive order giving it a 90-day timeline for divestment, but it would apply to the earlier version. It is thought the filing is part of an attempt to prevent negotiations with Oracle, Microsoft, and others from deteriorating and losing value, with a reduction of legal issues making TikTok a more attractive purchase.
Phobos7
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Comments

  • Reply 1 of 21
    US thuggery in action.

    How the China–United States trade war going?  Sounds like negotiations are progressing nicely... /s


    XedviclauyycGeorgeBMacdewme
  • Reply 2 of 21
    The whole thing stinks of incompetence. Grabbing at the International Emergency Economic Powers Act during a time when our whole economy is in the shitter due to mismanagement sounds more to me like an act of desperation more than anything else. Let’s not forget a 34% drop in GDP. This administration physically pushes people out of the way in order to serve a policy of vane glory.
    XedviclauyycRayz2016GeorgeBMactht
  • Reply 3 of 21
    US thuggery in action.

    How the China–United States trade war going?  Sounds like negotiations are progressing nicely... /s


    They are progressing greatly.  More hugely than any negotiations in the history of our country or any country as a matter of fact.  They're beautiful.  The most beautiful negotations anyone has ever seen.  We have the best people working on them, and of course, tRUMP is the Master of the Deal.  He'll get right back to negotiations as soon as he's done ruining Goodyear and the Postal Service.
    edited August 2020 Rayz2016GeorgeBMacdewme
  • Reply 4 of 21
    wood1208wood1208 Posts: 2,544member
    This shows this country is ruled by useless profession of society called lawyers where the head of the country can get challenged by a company which is part of mighty People Republic of China. 
    lkrupp
  • Reply 5 of 21
    US thuggery in action.

    How the China–United States trade war going?  Sounds like negotiations are progressing nicely... /s


    Actually, it's desperate grasping-at-straws by TikTok.

    National security arguments are not treated lightly by US courts, and by now, everyone should know that (e.g., we wouldn't still have Guantanmo Bay if that weren't the case).
    SpamSandwichcat52
  • Reply 6 of 21

    Phobos7 said:
    The whole thing stinks of incompetence. Grabbing at the International Emergency Economic Powers Act during a time when our whole economy is in the shitter due to mismanagement sounds more to me like an act of desperation more than anything else. Let’s not forget a 34% drop in GDP. This administration physically pushes people out of the way in order to serve a policy of vane glory.
    Your post reeks of ignorance,sadly. National security issues don't just go away because we're in a recession or a pandemic (if anything, they are likely to become worse, since people -- like you, apparently -- are paying less attention).

    Also, the GDP didn't go down by 34% In the most recent quarter, it went down by 9.5%. The former (actually, the number was 32.9%, but never mind) is the annualized version of a quarterly number, the quotation convention in financial reporting. The latter number is the actual drop. Anyone who understands basic arithmetic knows that. Also, the decline in the US GDP in the most recent quarter was less than in Germany, France, UK, Spain, Italy, and Japan. 

    Please educate yourself before posting FUD.
    edited August 2020 cat52applguy
  • Reply 7 of 21
    Rayz2016Rayz2016 Posts: 6,957member
    wood1208 said:
    This shows this country is ruled by useless profession of society called lawyers where the head of the country can get challenged by a company which is part of mighty People Republic of China. 
    And also the lawyers of porn stars he slept with (allegedly) while his wife was pregnant. 

    https://www.theguardian.com/us-news/2020/aug/22/donald-trump-stormy-daniels-legal-fees-non-disclosure-agreement

    Still, that makes him a prince compared to our prime minister who cheated on, then left his wife, while she was being treated for cancer.   


    GeorgeBMacmuthuk_vanalingam
  • Reply 8 of 21
    While travelling around the Rockies in 2016 I saw a bumper sticker on a truck while heading West in I-80 towards SLC that read "Make America Great Again - Shoot all the Lawyers". It made me smile.
  • Reply 9 of 21
    GeorgeBMacGeorgeBMac Posts: 10,274member
    TikToK should sue (either instead of or in addition to) based on the First Amendment Rights of those tens of thousands of American teenagers who used TikTok to humiliate Trump.   Trump has a long, deplorable history of trying to silence any and all critics -- and he doesn't cope well with humiliation and being the brunt of jokes.

    So, since he can't shut those teenagers up, he's electing to shut TikTok down.


  • Reply 10 of 21
    anantksundaram said: Your post reeks of ignorance,sadly. National security issues don't just go away because we're in a recession or a pandemic (if anything, they are likely to become worse, since people -- like you, apparently -- are paying less attention).
    What national security issue is that? The Trump administration hasn't provided evidence of any violations. They're claiming that TikTok might violate national security in the future. They think they're guilty of future crimes...not exactly an iron-clad approach in court. 
    GeorgeBMacdewme
  • Reply 11 of 21
    SpamSandwichSpamSandwich Posts: 33,408member
    anantksundaram said: Your post reeks of ignorance,sadly. National security issues don't just go away because we're in a recession or a pandemic (if anything, they are likely to become worse, since people -- like you, apparently -- are paying less attention).
    What national security issue is that? The Trump administration hasn't provided evidence of any violations. They're claiming that TikTok might violate national security in the future. They think they're guilty of future crimes...not exactly an iron-clad approach in court. 
    Attention poorly informed person:  TikTok has already been banned by many countries and in all branches of the US military and security (such as the TSA).
    cat52
  • Reply 12 of 21
    Rayz2016 said:
    wood1208 said:
    This shows this country is ruled by useless profession of society called lawyers where the head of the country can get challenged by a company which is part of mighty People Republic of China. 
    And also the lawyers of porn stars he slept with (allegedly) while his wife was pregnant. 

    https://www.theguardian.com/us-news/2020/aug/22/donald-trump-stormy-daniels-legal-fees-non-disclosure-agreement

    Still, that makes him a prince compared to our prime minister who cheated on, then left his wife, while she was being treated for cancer.   


    C'mon, be responsible, stick to the topic.

    It is this kind of b-s that got the last TikTok thread shut down fast. So, stop.
    cat52SpamSandwich
  • Reply 13 of 21

    anantksundaram said: Your post reeks of ignorance,sadly. National security issues don't just go away because we're in a recession or a pandemic (if anything, they are likely to become worse, since people -- like you, apparently -- are paying less attention).
    What national security issue is that? The Trump administration hasn't provided evidence of any violations. They're claiming that TikTok might violate national security in the future. They think they're guilty of future crimes...not exactly an iron-clad approach in court. 
    Countries that have banned or are considering banning TT include the US, pretty much most of the EU, India, Indonesia, UK, Turkey, Pakistan, and Australia. https://www.washingtonpost.com/world/2020/08/03/its-not-just-united-states-these-governments-see-tiktok-growing-problem/

    You have your head in (Chinese) sand if you don't think there's a problem here.
    cat52SpamSandwich
  • Reply 14 of 21
    SpamSandwich said: Attention poorly informed person:  TikTok has already been banned by many countries and in all branches of the US military and security (such as the TSA).
    Prove that you're better informed: what evidence has the Trump administration provided that TikTok has violated national security? The CIA couldn't find any. 

    https://www.forbes.com/sites/rachelsandler/2020/08/07/cia-finds-no-evidence-chinese-government-has-accessed-tiktok-data-report-says/#39633c2f4c25
    GeorgeBMacmuthuk_vanalingam
  • Reply 15 of 21
    anantksundaram said: Countries that have banned or are considering banning TT include the US, pretty much most of the EU, India, Indonesia, UK, Turkey, Pakistan, and Australia. https://www.washingtonpost.com/world/2020/08/03/its-not-just-united-states-these-governments-see-tiktok-growing-problem/

    You have your head in (Chinese) sand if you don't think there's a problem here.
    From your link:

    EU- no formal ban or warning regarding TikTok
    India- banned as reprisal for incident at Chinese border where Indian troops were killed
    Indonesia- concern regards pornographic content
    Australia- investigations, no ban
    Turkey- investigations, already effectively banned Facebook, Twitter, YouTube (authoritarian government)
    Pakistan- same as Indonesia, regards pornography concerns
    UK- not mentioned at all in article

    Looks like the U.S. approach is most similar to Turkey, which as I mentioned is an authoritarian regime.


    GeorgeBMacmuthuk_vanalingamdewme
  • Reply 16 of 21
    GeorgeBMacGeorgeBMac Posts: 10,274member
    anantksundaram said: Your post reeks of ignorance,sadly. National security issues don't just go away because we're in a recession or a pandemic (if anything, they are likely to become worse, since people -- like you, apparently -- are paying less attention).
    What national security issue is that? The Trump administration hasn't provided evidence of any violations. They're claiming that TikTok might violate national security in the future. They think they're guilty of future crimes...not exactly an iron-clad approach in court. 
    Attention poorly informed person:  TikTok has already been banned by many countries and in all branches of the US military and security (such as the TSA).

    LOL....  Yeh, that's proof positive that they ever did or might do anything wrong....   At least in Trump's distorted idea of law and reality.

    The reality is:  American teenagers humiliated him using TikTok so he's taking his revenge.
    dewme
  • Reply 17 of 21
    SpamSandwichSpamSandwich Posts: 33,408member
    anantksundaram said: Countries that have banned or are considering banning TT include the US, pretty much most of the EU, India, Indonesia, UK, Turkey, Pakistan, and Australia. https://www.washingtonpost.com/world/2020/08/03/its-not-just-united-states-these-governments-see-tiktok-growing-problem/

    You have your head in (Chinese) sand if you don't think there's a problem here.
    From your link:

    EU- no formal ban or warning regarding TikTok
    India- banned as reprisal for incident at Chinese border where Indian troops were killed
    Indonesia- concern regards pornographic content
    Australia- investigations, no ban
    Turkey- investigations, already effectively banned Facebook, Twitter, YouTube (authoritarian government)
    Pakistan- same as Indonesia, regards pornography concerns
    UK- not mentioned at all in article

    Looks like the U.S. approach is most similar to Turkey, which as I mentioned is an authoritarian regime.


    If the head of US national security says it’s a problem, it’s a problem. The reasons other countries give is not the relevant part.
  • Reply 18 of 21
    GeorgeBMacGeorgeBMac Posts: 10,274member
    anantksundaram said: Countries that have banned or are considering banning TT include the US, pretty much most of the EU, India, Indonesia, UK, Turkey, Pakistan, and Australia. https://www.washingtonpost.com/world/2020/08/03/its-not-just-united-states-these-governments-see-tiktok-growing-problem/

    You have your head in (Chinese) sand if you don't think there's a problem here.
    From your link:

    EU- no formal ban or warning regarding TikTok
    India- banned as reprisal for incident at Chinese border where Indian troops were killed
    Indonesia- concern regards pornographic content
    Australia- investigations, no ban
    Turkey- investigations, already effectively banned Facebook, Twitter, YouTube (authoritarian government)
    Pakistan- same as Indonesia, regards pornography concerns
    UK- not mentioned at all in article

    Looks like the U.S. approach is most similar to Turkey, which as I mentioned is an authoritarian regime.


    If the head of US national security says it’s a problem, it’s a problem. The reasons other countries give is not the relevant part.

    Obrien?  He's head of bullshit not security.
  • Reply 19 of 21
    GeorgeBMacGeorgeBMac Posts: 10,274member
    Trump’s scam of “National Security Concerns” over TikTok took yet another hit when the Wall Street Journal exposed Facebook’s Zuckerberg lobbying Trump to ban it’s China based competitors likeTikTok - not because they’re a danger to America but a danger to his company Facebook!

    https://apple.news/AfzLBIP0rTtivscUdM59isQ
  • Reply 20 of 21
    SpamSandwich said: Attention poorly informed person:  TikTok has already been banned by many countries and in all branches of the US military and security (such as the TSA).
    Prove that you're better informed: what evidence has the Trump administration provided that TikTok has violated national security? The CIA couldn't find any. 

    https://www.forbes.com/sites/rachelsandler/2020/08/07/cia-finds-no-evidence-chinese-government-has-accessed-tiktok-data-report-says/#39633c2f4c25
    Please don't construe this as support for Trump in general, as it's not, but you don't wait until after a security breach to fix the problem.  If the potential is high enough, preemptive action is the proper course.

    Now, whether that potential actually exists is another question, one that no one here is likely qualified to evaluate.
    gatorguy
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