TECHNOLOGY

Judge rules TikTok can avoid a ban in the US, for now

Sep 27, 2020, 7:53 PM
TikTok ban...
FILE: The TikTok logo is displayed outside a TikTok office on August 27, 2020 in Culver City, California. (Mario Tama/Getty Images)
(Mario Tama/Getty Images)

(CNN) — TikTok won’t be kicked off of US app stores — at least not yet.

A federal judge on Sunday partially granted TikTok’s request for a temporary injunction against a push by the Trump administration to ban the app in the United States. The ruling blocks a US government ban on downloads of the app mere hours before the policy was to take effect.

The decision is a victory for TikTok after it challenged the ban as unconstitutional and a violation of due process.

The ban would have been an “extraordinary action at the very time when the need for free open and accessible communication in America is at its zenith” ahead of a presidential election, said John Hall, an attorney representing TikTok, said during an emergency hearing Sunday morning.

Government lawyers, meanwhile, argued at that hearing that TikTok’s ownership by a Chinese firm represented an “immediate danger” to national security. The app’s parent company ByteDance is based in Beijing, and the Trump administration has claimed that the app’s American user data risks winding up in the hands of the Chinese government. (Tiktok has denied this as a possibility and says it keeps US data stateside, with a backup in Singapore.)

Judge Carl Nichols’ opinion was issued under seal, so his exact reasoning for the order is not public. But during the emergency hearing, Nichols indicated that the Trump administration’s ban, as structured, could be considered a “fairly significant deprivation” of the company’s due process rights.

The Commerce Department announced earlier this month that TikTok downloads would be banned September 20, and further restrictions would go into effect November 12 — making it illegal for internet backbone companies to carry TikTok’s internet traffic. (Such companies help route traffic from web servers to home internet providers.)

Commerce delayed its initial deadline last weekend after President Donald Trump gave his tentative blessing to an agreement that involved TikTok, ByteDance, Oracle and Walmart. The deal, which has still not been finalized, was intended to address Trump’s national security concerns about the app and give at least partial ownership to American companies and investors.

TikTok said in a statement that it was “pleased” with the ruling.

“We will continue defending our rights for the benefit of our community and employees,” the company said in a statement, adding that it continues to talk to the government about the proposal that Trump tentatively approved.

The Commerce Department said late Sunday that it would comply with the injunction, but adding that its order was “fully consistent with the law and promotes legitimate national security interests.”

It added that the US government intends to “vigorously defend” its order.

— Kevin Bohn contributed to this report.

Today’s Top Stories

Technology

Google googled phrases...
Aubri Wuthrich

A Google analysis shows which words are the most confusing to Americans

Americans use Google to define terms that are confusing for them, this study shows which terms are most commonly searched.
2 days ago
DWR law enforcement truck pictured. The Utah DWR will use drones to help with wildlife management...
Britt Johnson and Elizabeth Weiler

Utah Division of Wildlife Resources launches new drone law enforcement team

Utah has created its new drone law enforcement team, designed to get a better look at wildlife crimes like poaching and trespassing. 
3 days ago
emoticon history...
Jennifer Korn, CNN Business

The 40-year evolution from :-) to 😂, what emojis offer that words can’t

Today there are more than 3,600 emojis available for users to express their every emotion and effectively give our words a deeper meaning.
5 days ago
Peiter Zatko, known as Mudge in the computer hacking community, testifies before the Senate Judicia...
Catherine Thorbecke, CNN Business

Why deleting something from the internet is ‘almost impossible’

Most people may live out their digital lives with the assumption they can delete their posts, messages and personal data from services whenever they choose. A tech hearing this week threw that core assumption into question.
7 days ago
Utah Lt. Gov. Deidre Henderson spoke Friday at a celebration in Blanding of the electrification of ...
Mark Jones

Leaders celebrate Westwater electrification, eyeing bright future.

Officials from around the state on Friday celebrated the transformation of the Westwater electrification.
8 days ago
Utah is number ten in the nation for most money lost by victims by cybercrime....
Mark Jackson

Utah is 22nd in the nation for cybercrimes, 10th for most money lost by victims

A national survey of over 1.000 showed that over half of Utah residents have been a victim of some kind of cybercrime.
12 days ago

Sponsored Articles

a worker with a drill in an orange helmet installs a door in the house...
Price's Guaranteed Doors

Home improvement tip: Increase the value of your home by weatherproofing doors

Make sure your home is comfortable before the winter! Seasonal maintenance keeps your home up to date. Read our tips on weatherproofing doors.
Curb Appeal...
Price's Guaranteed Doors

How to have the best of both worlds for your house | Home security and curb appeal

Protect your home and improve its curb appeal with the latest security solutions like beautiful garage doors and increased security systems.
A paper reading IRS, internal revenue service is pictured...
Jordan Wilcox

The best strategies for dealing with IRS tax harassment | You have options!

Learn how to deal with IRS tax harassment. This guide will teach you how to stop IRS phone calls and letters, and how to handle an IRS audit.
spend a day at Bear Lake...
Bear Lake Convention and Visitors Bureau

You’ll love spending the day at Bear Lake | How to spend a day at Bear Lake

Bear Lake is a place that needs to be experienced. Spend a day at Bear Lake.
Prescription opioids can be disposed of during National Prescription Take Back Day...
Know Your Script

Prescription opioid misuse | How to protect your family from the opioid epidemic

Studies have shown that prescription opioid misuse has increased since COVID-19. So what do you need to know about these opioids?
national heart month...
Intermountain Healthcare

National Heart Month: 5 Lifestyle Changes to Make Today to Keep You Heart Healthy

Heart disease is the leading cause of death for both men and women. One person dies every 36 seconds in the United States from cardiovascular disease
Judge rules TikTok can avoid a ban in the US, for now