The Trump Administration by its order imposed a prospective ban on download of TikTok App from Google and Apple platforms (available for this purpose).
This Order was also accompanied by additional restrictions imposed by Commerce Department which were to become effective from November 12, 2020.
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The above stated order ensued a legal battle wherein ByteDance, the owner of TikTok contended that: the ban was “arbitrary and capricious” and “would undermine data security” by blocking updates and fixes to the app used by some 100 million Americans. With respect to the Commerce Department restrictions, the case of TikTok was that: these restrictions would have the impact of making the app impossible to use in the United States.
While the case of the Government before the Court was that: the ban was imposed by the President by exercising the powers vested in him keeping in mind, the national security concerns. The State Counsel further argued that the: ‘the ban was needed because of TikTok’s links to the Chinese government through its parent firm ByteDance.’ The government brief also called ByteDance “a mouthpiece” for the Chinese Communist Party and said it was “committed to promoting the CCP’s agenda and messaging.”
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On Sunday in a temporary win for TikTok, US District Judge Carl Nichols, who was hearing the matter, granted a preliminary injunction which was sought by TikTok. As a consequence of it, the app will remain available at US app stores until further orders. The Court however, has declined “at this time” to block additional commerce department restrictions.
Judge’s detailed written opinion is expected to be released on September 28, Monday.
The decision was welcomed by TikTok while the Commerce Department said in a statement that: it “will comply with the injunction and has taken immediate steps to do so.”
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