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TikTok sues U.S. government over Trump's executive order banning app over security concerns

Trump and others have raised concerns about whether the Chinese owners of TikTok are collecting data from Americans using the short-form video app.

Published: August 25, 2020 8:38am

Updated: August 25, 2020 12:20pm

TikTok has filed suit against the Trump administration, claiming President Trump has denied the company due process by issuing an executive order that will block the app from operating in the country next month.

The suit was filed Monday in the Federal District Court for the Central District of California. The filing escalates the legal tension regarding the administration and the popular short-video app, which the president says poses a national security threat because of its Chinese ownership. 

"We do not take suing the government lightly; however, we feel we have no choice but to take action to protect our rights, and the rights of our community and employees," TikTok said in the suit.

The company has also repeatedly mentioned that it planned to hire more than 10,000 additional American workers in the coming years. 

Trump issued the executive order under the International Emergency Economic Powers Act, which gives a U.S. president the authority to regulate economic transactions during a national emergency. However, it has until now never been used against a global tech company.

TikTok claims that the administration "failed to follow due process and act in good faith, neither providing evidence that TikTok was an actual threat, nor justification for its punitive actions." It also claims that any national security threat is based on "outdated" information that does not take into account the new documentation provided by the company affirming the security of user data.

As it fights the U.S. government in court, TikTok's parent company, the Beijing-based ByteDance, is in talks to negotiate a sale of at least part of its business. Some companies participating in these talks include Microsoft and Oracle.

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