The DOJ made its case for a TikTok sale or ban

In a series of new legal briefs, the Justice Department accused TikTok of paying more attention to Americans’ online browsing habits than a jilted ex, as part of its argument that the app’s Chinese ownership represents a threat to US national security.

Some quick background: In April, Congress enacted a bipartisan law requiring Chinese parent ByteDance to sell TikTok’s US operations within nine months or face a ban. TikTok then filed a lawsuit seeking to halt the potential ban – and last Friday, the US government delivered its rebuttal to the suit.

The DOJ's newly filed documents highlight two main reasons supporting its assessment that TikTok poses a national security threat:

1. TikTok allegedly uses an internal system to collect and send sensitive US user data – including individuals’ views on gun control, abortion, and religion – to servers located in China, where the government can potentially access the data and weaponize it against America.
2. The DOJ also says China’s government has the ability to manipulate TikTok’s content algorithm, and could do so to deepen social divisions in America and/or sway US public opinion towards Beijing's interests.

On the flip side: TikTok denies all claims that it has sent – or will send – US user data to China’s government, arguing the new DOJ filings aren’t enough to counter the fact that Congress’ sale-or-ban law violates the First Amendment.

• TikTok also claims Congress’ imposed deadline to sell its US operations is financially, practically, and technically impossible to meet – effectively turning the law into a TikTok ban, which US courts previously struck down as government overreach.

⏳ Tik, tok… Both parties are seeking a ruling by December, allowing for a possible Supreme Court review before the TikTok sale-or-ban deadline in January.