Just as previously reported (and expected), TikTok has sued the Trump administration over an executive order that threatens to ban the app in the country until its US operations are acquired by an American company. TikTok claims that the executive order seeks to overstep the rights of its community “without any evidence to justify such an extreme action, and without any due process.”
“We do not take suing the government lightly, however we feel we have no choice but to take action to protect our rights, and the rights of our community and employees,” the company added. TikTok argues that the executive order aims to ban the app over ‘speculative possibility’ that it can be manipulated by the Chinese government, something that the app’s data storage and monitoring infrastructure doesn’t allow.
The ByteDance-owned company argues that the executive order relies on the International Emergency Economic Powers Act (IEEPA), but the activities that the government order targets do not fall under the “an unusual and extraordinary threat” class covered by the act. TikTok also mentions that banning the app without any notice or chance to be heard is also a violation of the Fifth Amendment, and that the order did not provide any hard evidence and neither did it justify such a harsh punitive action.