Alabama Attorney General Steve Marshall has joined a coalition of 21 attorneys general in urging the United States Court of Appeals for the District of Columbia to uphold national TikTok divest-or-ban legislation passed by Congress earlier this year. The federal law mandates a ban on TikTok in the United States unless ByteDance, TikTok’s Chinese-owned parent company, sells its stake in the platform. ByteDance and TikTok have sued the federal government following the enactment of this ban.
"All users of TikTok must understand that every click, location, and recording is used as intelligence that we have ample reason to believe is available to the Chinese Communist Party. Americans asked for Congress to take action against this intrusion by a top foreign adversary, and Congress acted," Attorney General Marshall stated. "We are urging the courts to uphold the lower court’s decision and enforce this critical national security law."
The coalition's brief argues that it is within Congress's power to act on matters concerning national security and foreign affairs. They contend that TikTok poses a threat to national security and consumer privacy due to its data collection practices, which allegedly make user information accessible to the Chinese Communist Party (CCP), thus creating significant privacy and security concerns.
Investigations have provided evidence suggesting that TikTok’s technology and infrastructure are ultimately accessible by the Chinese government. Although TikTok asserts that its First Amendment rights protect its ability to gather Americans’ data, proponents of the ban argue it does not infringe on free speech rights because it does not target behavior with significant expressive elements or single out those engaged in expressive activity.
Allowing TikTok to continue operating in the United States without severing ties with the CCP could expose Americans' data to exploitation by a foreign adversary.
"TikTok is a valuable tool for conducting corporate and international espionage, and it may allow the Chinese Communist Party to track real-time locations of public officials, journalists, and other individuals adverse to the Chinese Communist Party’s interests," stated the attorneys general in their brief.
Attorneys general from Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, Oklahoma South Carolina South Dakota Tennessee Utah Montana led Virginia Jason Miyares