July 29, 2024
The Department of Justice says the TikTok ban on January 19th *is* constitutional, it should happen, the platform *is* a threat to national security and yes – China is still involved no matter what TikTok US says. And in this massive 115-page brief filed by the DOJ in the DC appeals court late fright night… the explosive evidence proving these government arguments …
Look like this. There are almost 20 pages of this legal brief that are partially or completely blocked out. Now I read the entire 115 page document…and in context it appears that DOJ is including some form of classified information supporting its claims that TikTok is a national security threat but I can’t report to you what they are because this is all anyone can see.
And that’s a big part of TikTok’s beef – that that this ban is full of fear mongering but not a lot of hard evidence made public proving that China is the puppet master behind the platform, stealing u-s user data and manipulating the algorithm. I can tell you what DOJ’s response to that is – because it’s not redacted…DOJ says congress doesn’t need evidence. The Department of Justice says “statutes need not be backed by an administrative record, and “[n]either due process nor the first amendment requires legislation to be supported by committee reports, floor debates, or even consideration, but only by a vote.”
This massive document is a response to the lawsuits filed by TikTok and eight US based TikTok creators who sued the federal government trying to stop the ban from happening. They argue the law is a flagrant violation of the first amendment, fifth amendment – and several other existing laws. DOJ says the law doesn’t ban speech it bans TikTok – which the US government classifies as a national security threat because it’s parent company ByteDance is based in China – a foreign adversary.
When it comes to the free speech-first amendment argument – DOJ says TikTok and the eight TikTokers suing “misapplied the first amendment law” in their original lawsuit. DOJ writes “it is well established “that the first amendment does not guarantee the right to communicate one’s views at all times and places or in any manner that may be desired.” And further the DOJ says if TikTok is banned, there are plenty other social media apps Americans can use to share their speech.
Now –to the national security argument. DOJ says TikTok’s national security threat “…arises from two principal sources: (a) data collection and (b) covert content manipulation”. First – let’s talk about data collection. DOJ argues that based on several news articles — in order to address operational issues, TikTok employees shared sensitive US user data on an internal communication platform, which ByteDance has developed. The DOJ claims that, as a result, this data may have been stored on Chinese servers and therefore *could* be accessible to ByteDance staff based in China. Then there are multiple pages of information that is redacted. There’s no way to know exactly what those pages say but it’s possible that they include some classified evidence of data collection. Of course TikTok US denies any US user data after 2022 is stored on any server outside of the US. Prior to that, some US data collected by TikTok was also stored in Singapore.
The other national security threat the DOJ talks about is China’s ability to manipulate the algorithm to fit the narrative China wants to push and to undermine the narrative the US wants to push. Here – they don’t point to a specific instance of it, but again they point to public reporting that says Beijing-based moderators had “the final call” on approving or blocking certain videos.” And said “intelligence reporting further demonstrates that ByteDance and TikTok global have taken action in response to [Chinese government) demands to censor content outside of China.” Again – there are more pages of redactions. Of course TikTok US denies this too.
It’s important to understand the law does not outright ban TikTok on January 19th. The Protecting Americans from Foreign Adversary Controlled Application Act specifically calls out ByteDance – TikTok’s Chinese-based parent company—and orders it to sell off its interest in US TikTok by January 19th and if they don’t then the ban kicks in. I have told you in several videos why TikTok says that’s not only illegal but also impossible. And no – I don’t care which president is elected in November *no* president alone –can stop this ban from happening. The only way it stops is if Congress passes a new law or the courts stop it.
Read the lawsuit response from DOJ here.
