A U.S. federal appeals court is expected to rule by 6 December on a pivotal law affecting TikTok. The decision will determine if Chinese parent company ByteDance must sell TikTok’s U.S. operations by early next year or face a ban. This legal battle centres around national security concerns and Americans’ digital privacy.
TikTok, a platform with 170 million U.S. users, is accused by the Justice Department of exposing sensitive personal data to China. The government insists the app under Chinese control poses a significant security risk. However, ByteDance and TikTok argue the law is unconstitutional and threatens free speech.
The three-judge panel, comprising Sri Srinivasan, Neomi Rao, and Douglas Ginsburg, is exploring three possible outcomes. First, the court could uphold the law, forcing ByteDance to divest TikTok’s U.S. operations or risk a ban. Such a ruling would likely trigger appeals to the Supreme Court or a larger judicial panel.
Alternatively, the court could uphold the law but recognise it unfairly targets ByteDance. In this case, TikTok might receive a reprieve while the government develops clearer security certifications.
Finally, the court could declare the law unconstitutional, siding with TikTok’s claim it violates constitutional rights. If this happens, the Justice Department would likely appeal.
As President-elect Donald Trump has opposed banning TikTok outright, the decision could have broad political and technological implications. The ruling, expected on a Tuesday or Friday, will set the stage for the next phase in this high-stakes legal drama.
