What is preventing ByteDance from selling TikTok to US companies?

ByteDance, the parent company of TikTok, filed a lawsuit against the United States last Tuesday in response to the country seeking a ban on the platform. They argued that the ban is unconstitutional and would force a closure of the platform before January 19, 2025. In their lawsuit, ByteDance stated that Congress has never enacted a law that subjects a single platform to a permanent nationwide ban, preventing Americans from participating in an online community with millions of users worldwide.

President Joe Biden is expected to sign a law requiring ByteDance to sell TikTok to American companies to avoid the ban, citing security concerns about the information collected by the platform that could potentially benefit the Chinese government. TikTok has repeatedly denied these claims, stating that there is no specific evidence to support the concerns raised by Congress.

In their lawsuit, ByteDance detailed why they refuse to sell TikTok to American companies, stating that the logistics of moving millions of lines of code to a new owner would be unfeasible. Additionally, the Chinese government would not allow the sale of TikTok with the algorithm created by ByteDance. ByteDance also pointed out that banning TikTok in the US would create a separate user experience from the rest of the world, effectively isolating the US version of the platform.

As a result, TikTok has asked the court to rule that the Biden administration’s actions have violated the United States Constitution. They argue that the ban on TikTok is unjustified and would negatively impact the millions of users who rely on the platform for entertainment and communication.