TikTok sued after then President Donald Trump issued an executive order on August 6 that would prohibit “any transaction by anyone” with its Beijing-based parent company, ByteDance, or any of its subsidiaries.
The Biden administration wants to stop the legal battle with the TikTok inherited from Donald Trump’s DOJ.
TikTok sued after Trump issued an executive order on August 6 that would prohibit “any transaction by anyone” with its parent company, ByteDance, or any of its subsidiaries, based in Beijing. The order cited concerns about national security, corporate espionage and censorship and had authority granted by the International Emergency Economic Powers Act.
TikTok argued that the ban exceeded presidential authority, violated users’ First Amendment rights and violated the Administrative Procedures Act because it is arbitrary and capricious. US District Judge Carl J. Nichols granted the TikTok injunction, concluding that the government was acting outside its authority, the social video app would likely succeed on the merits of its claims and suffer irreparable damage if the ban came into force.
In a joint report presented on Thursday, the parties informed Nichols that the new government is examining the underlying issues, which may narrow or close the dispute, and asked him to suspend the process for 60 days so that he had a chance to update yourself.
“When the Biden administration took office, the Commerce Department began a review of certain recently issued agency actions, including the secretary’s bans on the TikTok mobile app in question in this case,” the document said. “In relation to these prohibitions, the Department plans to conduct an assessment of the underlying registry that justifies these prohibitions. The government will then be better positioned to determine whether the threat to national security described in the Executive Order of the President of 6 August 2020 and the regulations purpose of protecting the security of Americans and their data, continue to guarantee the identified prohibitions.The Department of Commerce remains committed to a robust defense of national security, as well as ensuring the viability of our economy and preserving individual rights and privacy of Dice. “
The government is also asking DC Circuit to suspend the appeal of Nichols’ decision, which TikTok did not object to.