July 26 (Reuters) - The U.S. Department of Justice asked
a federal appeals court late on Friday to uphold an April law
requiring China-based ByteDance to sell TikTok's U.S. assets by
Jan. 19 or face a ban.
The DOJ argued in its filing that TikTok under Chinese
ownership poses a serious national security threat because of
its access to vast personal data of Americans, asserting China
can covertly manipulate information that Americans consume via
TikTok.
"The serious national-security threat posed by TikTok is
real," the department said. "TikTok provides the Chinese
government the means to undermine U.S. national security in two
principal ways: data collection and covert content
manipulation."
The Biden administration asked the U.S. Court of Appeals for
the District of Columbia to reject lawsuits by TikTok, parent
company ByteDance and a group of TikTok creators seeking to
block the law that could ban the app used by 170 million
Americans.
TikTok has repeatedly denied it would ever share U.S. user
data with China or that it manipulates video results.
"The government has never put forth proof of its claims,
including when Congress passed this unconstitutional law. Today,
once again, the government is taking this unprecedented step
while hiding behind secret information", TikTok posted on social
media platform X in response to the DOJ brief.
The DOJ's filing details wide-ranging national security
concerns about ByteDance's ownership of TikTok.
"China's long-term geopolitical strategy involves developing
and pre-positioning assets that it can deploy at opportune
moments," the department said.
The government acknowledged in a separate declaration it had
no information that the Chinese government had gained access to
the data of U.S. TikTok users but said the risk of the
possibility was too great.
"The United States is not required to wait until its foreign
adversary takes specific detrimental actions before responding
to such a threat," the filing said.
PRESIDENTIAL ELECTION ISSUE
The government also filed a classified document with the
court detailing additional security concerns about ByteDance's
ownership of TikTok, as well as broader declarations from the
FBI, Office of the Director of National Intelligence and DOJ's
National Security Division.
ByteDance told the U.S. government that TikTok's source code
contained 2 billion lines of code making a full review
impossible. "Oracle estimated it would require three years to
review this body of code," excluding additional changes, DOJ
added.
Signed by President Joe Biden on April 24, the law gives
ByteDance until Jan. 19 to sell TikTok or face a ban. The White
House says it wants to see Chinese-based ownership ended on
national security grounds, but not a ban on TikTok.
The department rejected all the arguments raised by TikTok,
including that the law violates the First Amendment free speech
rights of Americans who use the short video app, saying the law
addresses national security concerns, not speech, and is aimed
at China's ability to exploit TikTok to access Americans'
sensitive personal information.
TikTok users have "numerous other well-known platforms" such
as YouTube, Facebook, Instagram, Snapchat and X that they could
use instead, the DOJ said.
The DOJ added TikTok's $2 billion plan to protect U.S. user
data was insufficient, saying the company's proposed agreement
was not enough in part because U.S officials do not trust
ByteDance and in the government's "lack of confidence that it
had either the resources or capability to catch violations."
The appeals court will hold oral arguments on the legal
challenge on Sept. 16, putting the issue of TikTok's fate into
the final weeks of the Nov. 5 presidential election.
Republican presidential nominee Donald Trump has joined
TikTok and said in June he would never support a TikTok ban.
Vice President Kamala Harris, who is poised to become the
Democratic nominee, joined TikTok this week.
The law prohibits app stores like Apple ( AAPL ) and
Alphabet's Google from offering TikTok and bars
internet hosting services from supporting TikTok unless it is
divested by ByteDance.
Driven by worries among U.S. lawmakers that China could
access data on Americans or spy on them with the app, Congress
overwhelmingly passed the measure just weeks after it was
introduced.