Taking Legal Action Against the Attempt to Ban TikTok in the US

Today, we are taking legal action against the Administration's attempt to ban TikTok in the US. We believe it is important to explain why we are taking this step. TikTok has become a beloved platform for people of all backgrounds, with 100 million Americans using it for entertainment, inspiration, and connection. Our platform has also provided countless creators with a way to express their creativity, reach wide audiences, and earn income. We have a dedicated team of over 1,500 employees in the US, and we plan to create 10,000 more jobs across several states. Many leading brands have also joined TikTok to connect with consumers in a more authentic and direct way.

We strongly disagree with the Administration's claim that TikTok poses a national security threat. We have taken extensive measures to protect the privacy and security of our users' data, including storing it outside of China and implementing software barriers to separate it from other ByteDance products. These measures were made known to the US government during a national security review of our acquisition of Musical.ly. We provided ample documentation to address any concerns, but the Administration has chosen to ignore our efforts.

We are left with no choice but to sue the government to protect our rights, as well as the rights of our community and employees. The Executive Order issued on August 6th not only lacks evidence to justify its extreme action, but it also violates due process. We believe that the Administration has disregarded our extensive efforts to address their concerns in good faith.

The Executive Order also authorizes the prohibition of activities that have not been found to be a genuine threat, as required by the International Emergency Economic Powers Act (IEEPA). By banning TikTok without any notice or opportunity to be heard, the Executive Order violates the due process protections of the Fifth Amendment. It is clear that the order is not based on a bona fide national emergency and misuses the IEEPA.

In our complaint, we highlight the fact that TikTok is not a telecommunications provider and does not provide the types of technology and services mentioned in a previous executive order. We also emphasize the extensive efforts we made to cooperate with the Committee on Foreign Investment in the United States (CFIUS) and address any national security concerns. Despite our repeated attempts to engage with CFIUS and provide evidence of our security measures, they refused to communicate with us and rushed their decision.

We believe that the Administration's decisions were politically motivated and not rooted in genuine national security concerns. Industry experts have criticized the executive order for its political nature. The President's demands for payments have no connection to national security and only highlight the lack of due process.

We would prefer to engage in constructive dialogue rather than litigation. However, with the threat of a ban on our US operations, which would eliminate thousands of American jobs and harm millions of users who rely on TikTok for entertainment and livelihoods, we have no choice but to take legal action.

We will continue our efforts to earn the trust of our US community and ensure transparency. Our Transparency and Accountability Center is a significant step towards building trust and understanding of our moderation policies, source code, and data practices. Our legal challenge aims to protect these efforts from the unwarranted ban that hangs over our community's joy and creativity.