It could take up to three years to review TikTok's source code

As you've probably already heard, yesterday (Monday the 16th) was an important day for TikTok. No, there wasn't another hashtag challenge for a 12-second "dance" to the worst possible helium-voiced AI cover of a 1980s pop hit. Yesterday was when a lawyer for TikTok and its Chinese parent company, ByteDance, argued before a federal appeals court.

The point was to try to convince those holding power to block the US law set to ban the popular video app, used by 170 million Americans, as soon as January 2025. The lawyer claimed the law violates free speech protections but faced tough questions from the judges, a detailed report by Reuters reads.

A three-judge panel from the US Court of Appeals for the District of Columbia listened to two hours of arguments in the case, which TikTok and ByteDance filed in May seeking an injunction to stop the law from going into effect.

Justice Department lawyer Daniel Tenny upheld the US government's view that TikTok, under Chinese ownership, is a national security threat due to its access to vast amounts of personal data, arguing that "China can covertly manipulate information that Americans consume via the popular app".

Andrew Pincus, representing TikTok and ByteDance, told Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg that the government hadn’t shown TikTok is a real security risk. He argued the law violates multiple parts of the Constitution, including the First Amendment, which protects against government restrictions on free speech.



The law, passed by Congress and signed by President Joe Biden in April, gives ByteDance until January 19 to sell or divest TikTok's US assets or face a ban in the US. Concerns over Chinese access to American data and potential espionage fueled the legislation, which had broad bipartisan support.

The lawsuit argued that if the law is upheld, it would set a dangerous precedent, allowing Congress to bypass the First Amendment by using national security as justification for forcing media outlets to sell or shut down.

Tenny defended the law, raising alarms over China's potential influence, adding that China’s involvement poses a severe national security risk.



Judge Rao questioned how the US could ensure accurate code disclosure given that reviews could take years. Rao cited an estimate that it could take three years to review the source code, not including updates.

She also noted that TikTok’s arguments seemed to treat Congress more like an executive agency than a legislature that "actually passed a law".

Judge Ginsburg asked how this law differs from existing laws that prevent foreign ownership of US broadcast licenses, while Judge Srinivasan brought up a hypothetical where Congress could block foreign ownership of media outlets during a war with China.

The law would prevent app stores like Apple’s and Google’s from offering TikTok and stop hosting services from supporting the app unless ByteDance sells TikTok by the deadline. Biden could extend the deadline by three months if ByteDance shows significant progress toward selling.

Both TikTok and the Justice Department requested a decision by December 6, potentially allowing the Supreme Court to weigh in before the ban takes effect.

This legal battle unfolds during the final weeks of the US presidential campaign, with both Republican candidate Donald Trump and Democratic Vice President Kamala Harris actively using TikTok to appeal to younger voters. The White House has pushed for Chinese ownership of TikTok to end on national security grounds but hasn’t called for an outright ban. Trump, who tried to ban TikTok in 2020, said if re-elected, he wouldn’t let the app be barred.

Personally, I see this mess easily getting out of hand in the months to come, so get your popcorn ready!