TikTok lawyer warns of consequences if US Congress imposes ban on app

WASHINGTON: TikTok and its Chinese parent company ByteDance's lawyer warned during Supreme Court arguments over a law that would result in its ban in the United States or would compel the sale of the app. 

If Congress could do this to TikTok, it could do this to other companies too. 

The law was the subject of arguments before nine justices on Friday and sets a January 19 deadline for TikTok's parent company to sell the short-video social media app or face a ban on national security grounds in US. 

The companies have sought, at the very least, a delay in implementation of the law, which they say violates the US Constitution's First Amendment protection against government abridgment of free speech.

Noel Francisco, representing TikTok and ByteDance, argued that Supreme Court endorsement of this law could enable statutes targeting other companies on similar grounds.

The justices signalled through their questions during the arguments that they were inclined to uphold the law, although some expressed serious concerns about its First Amendment implications.

TikTok is a platform used by about 170 million people in the United States, roughly half the country's population.

Congress passed the measure last year with overwhelming bipartisan support, as lawmakers cited the risk of the Chinese government exploiting TikTok to spy on Americans and carry out covert influence operations.

Democratic President Joe Biden signed the measure into law and his administration is defending it in this case.

The deadline for divestiture is just one day before Republican Donald Trump, who opposes the ban, takes office as Biden's successor.

'Foreign adversaries'

Solicitor General Elizabeth Prelogar, arguing for the Biden administration in defending the law, said it was crucial that it take effect on January 19 as scheduled in order to force ByteDance to act on divestiture.

"Foreign adversaries do not willingly give up their control over this mass communications channel in the United States," Prelogar said.

"When push comes to shove, and these restrictions take effect, I think it will fundamentally change the landscape with respect to what ByteDance is willing to consider. And it might be just the jolt that Congress expected the company would need to actually move forward with the divestiture process," Prelogar said.

If the ban takes affect on January 19, Apple and Alphabet's Google would no longer be able to offer TikTok for downloads for new users but existing users could still access the app.

The US government and TikTok agree that app would degrade and eventually become unusable over time because companies would not be able to offer supporting services.

Trump on December 27 urged the court to put a hold on the January 19 deadline to give his incoming administration "the opportunity to pursue a political resolution of the questions at issue in the case".