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TikTok has promised a court battle over a new law that threatens to ban it in the US – with the app’s boss saying “we aren’t going anywhere”.

President Joe Biden approved the law that states the platform will be blocked if its Chinese owner, ByteDance, does not sell it within nine months.

US politicians are worried the company could share user data with the Chinese government, despite repeated assurances from TikTok that it would not.

The bill was approved by the Senate on Tuesday as part of a $95bn (£76.2bn) aid package for Ukraine and Israel.

Mr Biden signed it off early on Wednesday – with TikTok’s boss swiftly hitting back in a video on the platform.

“Rest assured, we aren’t going anywhere. The facts and the Constitution are on our side and we expect to prevail again,” said chief executive Shou Zi Chew.

A statement by the company added: “This unconstitutional law is a TikTok ban, and we will challenge it in court.

“We believe the facts and the law are clearly on our side, and we will ultimately prevail.”

The legal challenge could argue a ban would deprive the app’s 170 million US users of their First Amendment rights to freedom of speech.

The law could also face opposition from TikTok creators who rely on it for their income, while China has previously said it would oppose a forced sale.

Why is TikTok facing a US ban?



Arthi Nachiappan

Technology correspondent

Attracting around 170 million US users in seven years, TikTok has taken America by storm. But there have long been concerns in Washington about the China-based ownership of the social media platform.

Beijing-based tech firm ByteDance originally launched the Chinese version of the app called Douyin, meaning “shaking sound”, in 2016. They followed up with an international version – TikTok – in November 2017.

Since then, the platform has had a meteoric rise. Fuelled by its popularity among Gen-Z, it has become an influential social media platform. But it has become a target for both sides of the political spectrum in Washington, as well as in other Western countries, due to fears over the use of user data.

Politicians and officials in the US have expressed concerns that Chinese authorities could force ByteDance to hand over US user data. TikTok has said it has never done that and would not do so if asked. There are also fears over influence on Americans by suppressing or promoting certain content on TikTok.

The use of TikTok by the federal government’s nearly four million employees on devices owned by its agencies is already banned in the US, with limited exceptions for law enforcement, national security and security research purposes. A similar ban is also in place for civil servants in the UK.

India was the first country to ban TikTok in 2020 following a violent clash on the India-China border that left at least 20 Indian soldiers dead. Interestingly, TikTok is also not available in app stores in China – where the internet is tightly controlled by the state – and Douyin is used instead.

Last month, TikTok’s chief executive appealed to US users directly to stop the bill forcing the app’s sale and accused lawmakers in the US of attempting to shut down the platform. In a video posted on the platform, Shou Zi Chew told users the bill “will lead to a ban of TikTok in the United States”, adding: “Even the bill’s sponsors admit that’s their goal.”

The use of TikTok by the federal government’s nearly four million employees on devices owned by its agencies is already banned in the US.

However, there are limited exceptions for law enforcement, national security and security research purposes.

Read more from Sky News:
What does bill mean – and could same happen in the UK?
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TikTok CEO appeals to users to oppose potential US ban

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Senate commerce committee chair Maria Cantwell said the move to force TikTok’s sale was not aimed at “punishing” ByteDance, TikTok, or other companies.

“Congress is acting to prevent foreign adversaries from conducting espionage, surveillance, maligned operations, harming vulnerable Americans, our servicemen and women, and our US government personnel,” she said.

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‘Part of the American spirit’: Arrested student denies protests are violent

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'Part of the American spirit': Arrested student denies protests are violent

Much has been said about the students whose protests have gripped America this past week.

Their cause has been framed in polarising ways. A violent Hamas-sympathising mob? Or peace activists striving for equality?

Within a frenzied spectrum of views and noise, one young student sat down with me for a conversation.

Aidan Doyle, 21, is a philosophy and jazz double major at the University of California in Los Angeles (UCLA).

He was arrested early on Thursday morning for being part of an encampment at the university.

He told Sky News he was shocked that the police arrested so many student protesters, despite not intervening in an attack on the protesters by a pro-Israeli group the day before.

Police clash with pro-Palestinian demonstrators on the UCLA campus early on Thursday morning. Pic: AP
Image:
Police clash with pro-Palestinian demonstrators on the UCLA campus on Thursday. Pic: AP

He said his arrest had not deterred him from continuing his protest, which he likened to the Vietnam War demonstrations of the 1960s.

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Mr Doyle rejected the notion, from President Biden, that the protests are not peaceful.

“Graffiti, putting posters up, that’s all peaceful,” he said, commenting on the president’s statement from the White House.

“I also think that President Biden needs to actually take some introspection and realise that maybe the reason so many of these protests are happening is partially due to him.”

Police advance on demonstrators on the UCLA campus Thursday, May 2, 2024, in Los Angeles. (AP Photo/Ryan Sun)
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Police advance on demonstrators on the UCLA campus. Pic: AP/Ryan Sun

Mr Doyle added: “Protests in general are part of the American spirit. They’re part of being an American. And if we were to just stand around in circles and sing and dance, and pretend everything was fine, then nothing would change and nobody would care at all.

“Part of a protest is causing disruption and causing at least a minor level of chaos that is, again, not violent but that actually disrupts things.”

Read more:
Why are university students protesting in the US?
Inside pro-Palestinian protest as police break up UCLA encampment

He denied any accusations of antisemitism, but conceded there is a spectrum of opinion within the movement.

“If you’re going to criticise a movement, I think you have to look at the movement’s goals and their mission, not what fringe members of the group say or do.

“You have to actually look at what we say, what the organisers say, and what is in the mainstream, and what our mission and our goal is: the peace and prosperity of the Palestinian people.”

Asked if he believed in Israel’s right to exist as a country, he said: “I think Jewish sovereignty is incredible. I think it’s an amazing thing.”

Demonstrators are detained on the UCLA campus .
Pic: AP
Image:
Demonstrators are detained on the UCLA campus. Pic: AP

He added: “I think that if there is a country for Jewish people that protects the Jewish people, that is of utmost importance, especially with the vile and rampant antisemitism that exists across the world that I see every day and that I try and combat as much as possible.

“But doing that and then simultaneously repressing another group of people, dehumanising them and brutalising them, then the question of whether your state has the right to exist becomes secondary.”

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The protests at US universities are about much more than Gaza and Israel

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The protests at US universities are about much more than Gaza and Israel

On the grass outside the university library, it is as though it never happened. 

The tents have been removed. The pavements have been sprayed. The graffiti removed.

Order and control have been restored. The protest has been silenced. For now at least.

A few streets away, at the university police station, an officer calls the names of the students arrested the night before.

On the steps in front of him, the bedraggled are waiting.

Read more:
Why are university students protesting in the US?
Inside pro-Palestinian protest as police break up UCLA encampment

Pic: Reuters
Image:
Pic: Reuters

Police clash with pro-Palestinian demonstrators on the UCLA campus early on Thursday morning. Pic: AP
Image:
Police clash with pro-Palestinian demonstrators on the UCLA campus early on Thursday morning. Pic: AP

Students, charged and released with a date in court, are here now to collect their belongings. They’re missing bags, belts, shoes, all lost in the chaos of the night before.

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From the very heart of the protest encampment, our cameras had captured the chaos.

Officers moving in. Tear gas and rubber bullets to disperse. Stun grenades to disorientate.

Police  detain a demonstrator, as they clear out the protest encampment in UCLA.
Pic: Reuters
Image:
Police detain a demonstrator, as they clear out the protest encampment in UCLA.
Pic: Reuters

They were scenes which have stirred an already fevered debate about Israel and Gaza, yes, but about much more too. About America, about policing, and about free speech too.

President Biden said yesterday: “Vandalism, trespassing, breaking windows, shutting down campuses, forcing the cancellation of classes and graduations – none of this is a peaceful protest.”

‘Wrong’ say the protesters. Their movement, they say, is the very essence of protest; of civil disobedience which is threaded through US college campus history.

Law enforcement official moves a tent at the protest encampment in support of Palestinians at the University of California Los Angeles (UCLA), as the conflict between Israel and the Palestinian Islamist group Hamas continues, in Los Angeles, California, U.S., May 2, 2024. REUTERS/Aude Guerrucci
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Law enforcement official moves a tent at the protest encampment in support of Palestinians at the University of California Los Angeles (UCLA)

Signs of the days-long protest on campus being gradually cleared.
Image:
Signs of the days-long protest on campus being gradually cleared.

They reject any notion that they are threatening or violent. Yet the deeply divisive history of the Israel-Palestine conflict ensures that the beholder will so often be offended by the actions of the other side.

It was the students perceived antisemitism through their pro-Palestinian slogans which had drawn a group of pro-Israel protesters to the encampment earlier in the week.

The chaos of that night was reflected in a statement by the university’s student radio station which has been covering every twist.

This embrace turned out to be a thread of history
Image:
This embrace turned out to be a thread of history

“Counter protestors used bear mace, professional-grade fireworks and clubs to brutalize hundreds of our peers, UCLA turned a blind eye. Police were not called until hours into the onslaught and stood aside for over an hour as counter-protestors enacted racial, physical and chemical violence,” the statement from the UCLA Radio Managerial team said.

Watching the clear-up after the nighttime police sweep of the protesters I spotted two people embracing. A young man and an older woman.

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Professor recalls violent arrest at protest

It turned out to be a thread of history. One was a student who’d been arrested the night before.

The other was a student from a past time. Diane Salinger had been at New York’s Columbia University in 1968, at protests which now form a key chapter in American history.

Diane Salinger had been at New York’s Columbia University in 1968, at protests which now form a key chapter in American history
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Diane Salinger had been at New York’s Columbia University in 1968, at protests which now form a key chapter in American history

“I’m so proud of these people here. I’m so proud,” she told me.

“You know the civil unrest of the students back in ’68 and it continued for several years, it actually changed the course of the Vietnam War and hopefully this is going to do the same thing.”

But then, back at the police station, a conversation that hints at the wider challenges for America.

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‘Tom’ is a protester who wanted to remain anonymous – a graduate who feels politically deserted in his own country. For him, no government is better than any on offer.

'Tom' is a protester who wanted to remain anonymous - a graduate who feels politically deserted in his own country.
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‘Tom’ is a protester who wanted to remain anonymous – a graduate who feels politically deserted in his own country.

“The problem with our system is that we can’t rely on the police, we can’t rely on the military to keep us safe.

“When we need to make our voices heard, we need to make them heard, and the only way to do that without being repressed is by keeping each other safe and I think that last night and the last few months have really exemplified that,” he told me.

These protests are about more than Gaza. They are aligning a spectrum of dissent.

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California boat captain jailed over fire that killed 34 people

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California boat captain jailed over fire that killed 34 people

A scuba dive boat captain has been jailed for four years for criminal negligence over a fire that killed 34 people.

Captain Jerry Boylan was also sentenced to three years supervised release by a federal judge in Los Angeles, California.

The blaze on the vessel named Conception in September 2019 was the deadliest maritime disaster in recent American history.

Boylan was found guilty of one count of misconduct or neglect of ship officer last year.

Defendant, Conception's captain Jerry Boylan, right, arrives in federal court in Los Angeles, Wednesday, Oct. 25, 2023. Federal prosecutors are seeking justice for 34 people killed in a fire aboard a scuba dive boat called the Conception in 2019. The trial against Boylan began Tuesday with jury selection. Boylan has pleaded not guilty to one count of misconduct or neglect of ship officer. (AP Photo/Damian Dovarganes)
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Captain Jerry Boylan. Pic: AP

The charge is a pre-Civil War statute, known colloquially as seaman’s manslaughter, and was designed to hold steamboat captains and crew responsible for maritime disasters.

In a sentencing memo, lawyers for Boylan – who is appealing – wrote: “While the loss of life here is staggering, there can be no dispute that Mr Boylan did not intend for anyone to die.

“Indeed, Mr Boylan lives with significant grief, remorse, and trauma as a result of the deaths of his passengers and crew.”

The Conception was anchored off Santa Cruz Island, 25 miles south of Santa Barbara, when it caught fire before dawn on the final day of a three-day voyage, sinking less than 30 metres from the shore.

Thirty-three passengers and a crew member died, trapped below deck.

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The victims included an environmental scientist, a Singaporean data scientist and a family of three sisters, their father and his wife.

Boylan jumped overboard, and four crew members who followed suit also survived.

FILE - The burned hull of the dive boat Conception is brought to the surface by a salvage team off Santa Cruz Island, Calif., on Sept. 12, 2019. A federal jury on Monday, Nov. 6, 2023, found scuba dive boat captain Jerry Boylan was criminally negligent in the deaths of 34 people killed in a fire aboard the vessel in 2019, the deadliest maritime disaster in recent U.S. history. (Brian van der Brug/Los Angeles Times via AP, File)
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The burned hull of the dive boat. Pic: AP

Boylan initially faced 34 counts of seaman’s manslaughter, meaning he could have faced a total of 340 years behind bars.

His lawyers argued the deaths were the result of a single incident and not separate crimes, so prosecutors instead charged Boylan with only one count.

While the criminal case has concluded, there are several ongoing lawsuits.

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