WASHINGTON, Dec 11 (Reuters) - The Justice Department
late on Wednesday asked a U.S. appeals court to reject an
emergency bid by TikTok to temporarily block a law that would
require its Chinese parent company ByteDance to divest the
short-video app by Jan. 19 or face a ban.
TikTok and ByteDance on Monday filed the emergency motion
with the U.S. Court of Appeals for the District of Columbia
pending a review by the U.S. Supreme Court. They warned that
without court action the law will "shut down TikTok - one of the
nation's most popular speech platforms - for its more than 170
million domestic monthly users."
The Justice Department said the court should not delay the
law's effective date arguing "continued Chinese control of the
TikTok application poses a continuing threat to national
security."
TikTok did not immediately respond to a request for comment.
DOJ said Wednesday if the ban takes effect on Jan. 19 it
would "not directly prohibit the continued use of TikTok" by
users who had downloaded TikTok but it conceded that the effect
of the prohibitions on providing support "will eventually be to
render the application unworkable."
On Friday, a three-judge panel of the appeals court upheld
the law requiring ByteDance to soon divest TikTok in the United
States face a ban in just six weeks.
The companies noted President-elect Donald Trump has vowed
to prevent a ban, arguing the delay "will give the incoming
administration time to determine its position."
The decision - unless the Supreme Court reverses it -
puts TikTok's fate first in the hands of President Joe Biden on
whether to grant a 90-day extension of the Jan. 19 deadline to
force a sale and then of Trump, who takes office on Jan. 20.
Trump, who unsuccessfully tried to ban TikTok during his
first term in 2020, said before the November presidential
election he would not allow the ban on TikTok.
The decision upholds the law that gives the U.S. government
sweeping powers to ban other foreign-owned apps that could raise
concerns about collection of Americans' data. In 2020, Trump
also tried to ban Tencent ( TCTZF )-owned WeChat, but was
blocked by the courts.