East Bay Times

TikTok plans to sue over Trump’s executive order

- By The New York Times

SAN FRANCISCO >> TikTok plans to sue the U.S. government, the company confirmed Saturday, arguing that President Donald Trump’s moves to block the app had deprived it of due process and claiming it had been unfairly and incorrectl­y treated as a security threat.

The lawsuit, which the company plans to file this week, would amount to the most public pushback against the U.S. by TikTok, which is owned by the

Chinese internet company ByteDance.

“Even though we strongly disagree with the administra­tion’s concerns, for nearly a year we have sought to engage in good faith to provide a constructi­ve solution,” Josh Gartner, a TikTok spokesman, said in a statement. “What we encountere­d instead was a lack of due process as the administra­tion paid no attention to facts and tried to insert itself into negotiatio­ns between private businesses.”

For weeks, Trump has railed against TikTok and its ties to China, arguing that the app was a national security threat and that it could share data about its users with the Chinese government. On Aug. 6, Trump issued an executive order against TikTok, saying it would ban transactio­ns with the app within 45 days. A week later, he issued a separate executive order giving ByteDance 90 days to divest from its U.S. assets and any data that TikTok had gathered in the U.S.

Trump’s actions have pushed

ByteDance to seek a sale of TikTok’s U.S. operations to a U.S. company. Microsoft and Oracle are among those that have held discussion­s for such a deal. The companies remain in negotiatio­ns for a potential acquisitio­n of TikTok, which has more than 100 million regular users in the U.S.

TikTok, which repeatedly has denied that it shares data with Beijing, previously tried to pacify the Trump administra­tion. But as the White House’s actions escalated, TikTok became more critical of its moves.

Representa­tives for the White House and the Department of Justice did not respond to requests for comment. Trump’s first executive order against TikTok draws its legal authority from the Internatio­nal Emergency Economic Powers Act, which allows the president to regulate economic transactio­ns in a national emergency. Past administra­tions have used it to sanction foreign government­s as well as terrorists, drug kingpins and hackers.

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