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Unlawful: Tik Tok Asks US Judge to Block Trump’s Ban as Deadline Looms

Trump has blamed China on various occasions for the spread of the coronavirus pandemic and his administration has become strict on China (Verma 2020). The ban of the Tiktok app was previously scheduled which was delayed by the government but now the Trump administration is said to remove it from the app store. The administration of Trump also aims to have a more inclusive ban which is scheduled in November this year just one week after the presidential elections (Arbel 2020). The reason given by the Trump administration to ban the Chinese app is that the TikTok app is a threat to the national security of America. However, the said charge levied has not been substantiated by any evidence (Arbel 2020). President Trump is pushing for the taking over of the stake in TikTok by the US companies, Walmart and Oracle, which after the take-over will be called TikTok global. The proposed deal will give US entities a 20% stake in TikTok global. Trump has also stated that he could take back the deal if Oracle is not given absolute control (The White Post 2020). The TikTok deal as discussed above has two different sides wherein the parent company of TikTok which is a Chinese company, ByteDance has stated that it will have 80% of the stake in the US entity TikTok global whereas Oracle states that the United States will be in majority and the Chinese Company ByteDance will not have any control of the global TikTok (Arbel 2020).

Chinese media as well as the government of China have stated their reservation to such a deal and have shown disagreement by way of being dejected by the deal. One of the editors of China daily has even called the deal as “dirty and unhanded trick” (Business Standard 2020).

The TikTok filed a lawsuit against the Trump Government's executive order dated 6th August that barred the TikTok from doing any trade in the US (Indulge Express, 2020). The case has been filed by TikTok against the US Government in the federal court in the district of Columbia (Arbel 2020). The Trump administration issued the August 6th executive order by stating that the TikTok app is a threat to the national security of the US and even India has recently banned the app where India's ministry of Economics and IT have emphasized that The application stole and sneakily transferred consumer data to databases beyond India in an illegal manner (White House 2020). US population is using the TikTok app tremendously as 175 million times the Americans have downloaded the app which poses risk to national security (White House 2020). The TikTok in the Court has argued that the president doesn't have the power to take such actions under the national security law and there is no such authority to ban the TikTok app as the app is not based on national emergency and the prohibition breaches the First Amendment speech rights of TikTok and the due process rights of the Fifth Amendment. Therefore, TikTok requested the court to prevent the administration of Trump to prohibit its app, indicating that the coerced contract of the app of video-sharing with Walmart and Oracle remains unsettled (Business Standard 2020).

References for China’s Diplomacy and Changing the Covid-19 Narrative

Arbel, T. 2020. Unlawful': TikTok asks US judge to block Trump's ban as deadline looms. [Online] Available at: https://www.smh.com.au/business/companies/unlawful-tiktok-asks-us-judge-to-block-trump-s-ban-as-deadline-looms-20200924-p55yu2.html

[Accessed on October 5, 2020]

Business Standard. 2020. TikTok asks judge to block Donald Trump's ban as deadline looms. [Online] Available at: https://www.business-standard.com/article/international/tiktok-asks-judge-to-block-donald-trump-s-ban-as-deadline-looms-120092400151_1.html

[Accessed on October 5, 2020]

Indulge Express. 2020. TikTok files a lawsuit against the August 6 executive order by the Donald Trump government. [Online] Available at: https://www.indulgexpress.com/gadgets/2020/aug/24/tiktok-files-a-lawsuit-against-the-august-6-executive-order-by-the-donald-trump-government-27630.html

[Accessed on October 5, 2020]

The White Post. 2020. TikTok asks judge to block Donald Trump's ban as deadline looms. [Online] Available at: https://nandy0140.com/tiktok-asks-us-judge-to-block-trumps-ban-as-deadline-looms/

[Accessed on October 5, 2020]

Verma, R. 2020. China’s diplomacy and changing the COVID-19 narrative. International Journal, 75(2), pp. 248-258.

White House. 2020. Executive order on addressing the threat posed by Tiktok. [Online] Available at: https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-posed-tiktok/

[Accessed on October 5, 2020]

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