Monday, November 2, 2020

TikTok wins right to stay in America past current Art of the Deal deadline on November 12th | The Register

A group of TikTok users have won a case that will mean the made-in-China social network can keep operating in the United States beyond the November 12th deadline the Trump administration set for it to secure a locally-owned operator.

TikTok users Douglas Marland, Cosette Rinab and Alec Chambers convinced the US District Court for the Eastern District of Pennsylvania to keep the network alive despite the Trump Administration’s contention it should be banished on national security grounds.

On The Register’s reading of the decision [PDF] by judge Wendy Beetlestone, the court found that it would be unreasonable to deny the users access to a tool that helps them to make a living and that the proposed ban is an abuse of presidential emergency powers.


TikTok says Trump administration ban is based on fake news about the app and its back end


The court even contemplated if it might be possible to shut down TikTok but make an exception for the three plaintiffs, but as that would also require maintaining access to the social network for their followers decided it was just all too hard and granted an injunction to keep the service up.

The reprieve for TikTok comes after another case saw it allowed to remain in US app stores, and also after WeChat after too won a reprieve from the Trump administration’s ban-hammer.

America therefore remains in terrible peril, as the Trump administration declared both apps represent a threat national security.

Oracle and Walmart, however, are in less peril as their planned acquisition of TikTok now has a longer deadline.

China remains a wildcard, as it has adopted new export control restrictions that could prevent the export of TikTok’s key tech. And the matter is headed back to court in any event. ®


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