TikTok promises court battle as new law threatening ban is signed off by President Biden
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?
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?
How ‘TikTok idiots’ are disrupting police investigations
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.
A senior US senator who supports Donald Trump has told Sky News why he believes the US would be right to intervene in Iran.
Senator Ted Cruz, a Republican from Texas who ran against Mr Trump in 2016 but now backs him, told US correspondent David Blevins that Iran is an “acute threat to the national security of the US”.
He went on to claim that because “Iran is also building ICBMs (intercontinental ballistc missiles)” and “You don’t need an ICBM to go to Israel”, it indicated Iran’s intention “to take a nuclear weapon to the United States to murder Americans”.
“Nobody is talking about invading Iran,” Mr Cruz added. “We’re not going to see boots on the ground.”
Middle East latest: Trump says he ‘may or may not’ strike Iran
It comes after the US president said he “may do it, I may not do it” when asked if he would launch a strike against Iranian nuclear facilities.
So far, Israel has been attacking Iran alone since it ramped up its military action last Friday, launching strikes against what it says are Tehran’s facilities for developing a nuclear weapon and also destroying its air defences.
Iran has always denied seeking the ability to make a nuclear weapon from its uranium enrichment programme.
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Blevins’s fellow US correspondent Mark Stone says that while figures like Mr Cruz back military action, “a whole host of other figures are saying ‘do not do it'”.
“The social media space is absolutely full of MAGA [Make America Great Again] figures from the right… saying ‘we absolutely must not go into Iran’.”
If the US were to decide to take military action against Iran, it could have implications for the UK, as America may ask to station refuelling aircraft at a British base in Cyprus and B-2 bombers, which could carry the bunker buster bombs required to attack Iran’s Fordow nuclear enrichment facility, could launch from the British base of Diego Garcia.
Mr Cruz told Sky News that while many of Mr Trump’s support base did not want to see the US involve itself in another war, “the overwhelming majority of Americans, nearly 80%, support President Trump, and support President Trump defending us against an Iranian nuclear weapon.”
America is deploying more fighter planes to the Middle East in a “demonstration of force” as tensions escalate and speculation about a possible US strike on Iran continues.
Pictures and flight tracking data show F-35 jets and tanker aircraft being moved towards the region, as well as the tasking of an aircraft carrier, providing options in case President Donald Trump decides to intervene in the conflict.
But one particular aircraft that has not been seen just yet – the B-2 stealth bomber – could reveal the most about America’s intentions towards Iran…
Why is America moving more aircraft to the Middle East?
“It’s giving them options,” says military analyst Michael Clarke. “They have got four types of aircraft – including fighters, interceptors and fighter-bombers – all in the right region.”
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Clarke: What could US involvement look like as Iran attacks ease
The new arrivals can be spread around several existing military bases that the US has in the region in Bahrain, Qatar, UAE, Kuwait and Saudi Arabia.
“More is better and also it’s a demonstration of force,” Prof Clarke added. “There’s a political element behind it, to show the Iranians what they can do, but also to other allies.
“The Americans want to be taken seriously in all of this.”
A Boeing KC-46A Pegasus, primarily used for aerial refueling, is seen on tracking in the eastern Mediterranean. Pic: Flightradar24
Analysis: What aircraft have moved to the region?
Sky News analysis of flight-tracking data shows more than 30 US military planes have been active over parts of Europe and the Mediterranean Sea over the past three days.
These include planes used for reconnaissance, refuelling in mid-air as well as carrying cargo.
Map of US military bases in the Middle East
An air-traffic control recording from the US suggests F-22 Raptors are being sent across the Atlantic. Two refuelling tankers are visible on flight tracking data leaving the US east coast, likely escorting the stealth fighter jets.
In images taken by photographer Glenn Lockett in Suffolk, three US air tankers were seen flying over England, each accompanied by four F-35 jets.
F-35s are one of the most advanced warplanes in the world, known for their ability to evade enemy radar.
A US air tanker seen flying over England, accompanied by F-35 jets. Credit: Instagram/g.lockaviation
Flight tracking data shows that the tankers travelled to the Mediterranean and then returned to the UK.
Most of the US military planes tracked by Sky News regularly turn off their locations and final destinations, according to the data from Flightradar24.
Some of the planes moved from the US to Europe, while others appeared to move closer to the Middle East. At least five of the US military aircraft landed at Chania Airport on the Greek island of Crete.
An air-traffic control recording from the US also suggests F-22 Raptors are being sent across the Atlantic. Two refuelling tankers are visible on flight tracking data leaving the US east coast, likely escorting the stealth fighter jets.
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US insists deployments are defensive
US defence secretary Pete Hegseth stressed that the deployment of more aircraft was defensive in nature, as Washington looks to safeguard its forces in the region.
Fighter aircraft have been used to shoot down drones and projectiles in the past.
America already has a substantial force in the Middle East, with nearly 40,000 troops as well as air defence systems, aircraft and warships.
But as the conflict between Israel and Iran carries on – and President Trump continues to make threats against Tehran – it’s possible that multiple options could be on the table for intervention.
B-2 bombers – the ones to watch?
Asked what he’s looking out for as speculation about whether the US will intervene directly continues, Prof Clarke pointed to one particular aircraft that hasn’t been seen moving towards the region yet: The B-2 stealth bomber.
Known for its iconic triangle shape and ability to penetrate deep air defences undetected, the B-2 has lesser-known capability that could be crucial for any action over Iran: it can carry ‘bunker buster’ bombs.
So far Israel has not been able to damage Iran’s secretive Fordow uranium enrichment plant, which is buried deep beneath a mountain.
A B-2 stealth bomber flies over Washington DC during a 4 July celebration. File pic: AP
The only bomb believed to be powerful enough to penetrate the facility is America’s GBU-57, a 14-ton bomb that is so heavy it can only be launched from the US fleet of heavy bomber aircraft.
Any movement of B-2 bombers to the joint UK-US base on Diego Garcia in the Indian Ocean could “indicate the likelihood that the Americans are going to use bunker busters in Iran,” Prof Clarke says.
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