CCTV news client 8 month 31 Daily News ,8 month 24 day , TikTok Overseas Edition Tiktok
Filed a lawsuit in the Federal District Court of California , An administrative order issued by the trump administration concerning byte skipping of the company and its parent company was sued for violation of the law .Tiktok
Said in the indictment ： For the injustice suffered , We have no choice , Only action can be taken to protect one's rights .
In this long 39 Page of the indictment ,Tiktok call , As early as last year 10 month , Some members of Congress proposed to the Committee on foreign investment , Ask for Tiktok to 2017
To American companies Musical.ly For national security review .
after ,Tiktok We have been actively providing relevant data and solutions to CFIUS , But the committee refused to cooperate TikTok Lawyer contact for , communicate .
Until this year 6 month , The Committee on foreign investment suddenly launched a formal review .
7 month 30 Day and night 11 spot 55 branch , Just before the committee's statutory review deadline 5 Minutes , The Foreign Investment Commission said in a statement ： Convinced TikTok 2017 Acquired in
Musical.ly National security risks , But there was no evidence in the statement .
Committee on foreign investment （CFIUS） The job is to review business transactions and ensure that they do not pose a threat to national security . If the Committee has doubts about a transaction , Would advise the president to stop it .
A few days later , Trump is right TikTok Speaking .
Two days later ,8 month 6 day , Trump signs executive order , call TikTok A threat to the national security of the United States , Will be in 45 No person or entity in the United States is allowed to communicate with TikTok
And its Chinese parent company byte jump for any transaction .
8 month 14 day , Trump added a second executive order , Request byte to jump in 90 Split within days TikTok
Ownership interests in U.S. operations , He said the executive order was based on the Committee on foreign investment in the United States （CFIUS） Of the survey .
In this regard ,TikTok Said in the indictment ：
“ We are sincere , For nearly a year, we tried to communicate and solve problems with the U.S. government , Finally, I got it ‘ Order of interdiction ’. For the United States government that TikTok
A position that poses a threat to national security , We strongly oppose it . We will not easily sue the government , But to protect our community , Employees and ourselves , We have no choice .”
TikTok The interim global head, Mr. papas, said ： We are not a national security threat , We have very strict data control . Our team has built a world-class architecture , The primary and core concern is to protect our users .
according to 《 Washington Post 》 report , Trump signed for TikTok Administrative order , The so-called facts are based on the findings of the Cfius review , The legal basis is 《 International emergency economic power law 》.
This is an item 1977
Federal law passed in , Empowering the president of the United States to , There is no need for congressional approval , Declare a state of emergency . At the same time, a series of restrictive measures can be implemented , for example ： Restricted trading , Freezing or confiscating assets, etc .
up to now , Successive U.S. presidents have invoked the act 58 second , This includes Iran , Russia and other countries implement economic sanctions , And restrictions on money transactions between terrorists .
Trump has been in office for more than three years , Including yes Tiktok The ban is included , common 6 The law is invoked several times .2019
year , During Sino US trade friction , Trump has also cited the law to order American enterprises in China to leave China .
In the indictment against the trump administration ,Tiktok Around 《 International economic emergency power law 》 Some questions are raised .
first , Basis of administrative order 《 International economic emergency power law 》 The mandate of the president is too vague .
secondly , Use of administrative order “ potential ”,“ probably ”,“ as report goes ” Equivocal expression , They didn't provide it TikTok
A real threat to national security , Factual evidence of a state of emergency , Non conformity 《 International economic emergency power law 》 Set authorization premise ;
third ,《 International economic emergency power law 》 Clearly defined , Administrative acts are prohibited to prevent the communication and exchange of personal information , And banned TikTok But it is precisely the restriction of personal communication and information material transmission .
in addition ,TikTok It also lists three other unconstitutional and one ultra vires of Trump's executive order , total “ Seven Deadly Sins ”.
American media once joked that , Trump has two magic weapons in power ： Twitter and executive orders .
be in office 3 More than years , He signed it 182 Administrative orders , It's near 40 in recent years , On average, the president of the United States signed the most executive orders each year . Among them are 7 Administrative orders prosecuted .
What caused the most trouble was 2017 year 1 month 27 day , As soon as trump took office, he signed the 《 National protection program to prevent foreign terrorists from entering the United States 》 Executive order : some time 90
Within days , Ban Iraq , Syria , Iran , Sudan , Somalia , Yemen and Libya 7 Chinese citizens entering the United States , It's called “ Prohibition of Mu ”.
The executive order immediately sparked widespread protests .
One week after the executive order was signed ,2017 year 2 month 3 day , U.S. District Court Judge Robert lobart suspended the uproar nationwide “ Prohibition of Mu ”.
the second day , The federal government appealed to the United States 9 circuit court of appeal .
Five days later , The appeal was rejected , Continue to uphold judge robart's judgment .
2017 year 3 month 6 day , Trump changed it “ Prohibition of Mu ”, People with green cards and visa are excluded from the travel ban . Over the next year or so , Trump has revised it twice “ travel ban ”, In the end
2018 year 6 month 26 day , The Supreme Court of the United States 5:4 A weak advantage of “ travel ban ”, It's just over 16 Months of judicial disputes .
at present ,TikTok Filed a lawsuit in federal court , It may also open up a judicial dispute .
The judge is likely to rule before the outcome of the action is reached , Pause trump on TikTok Injunctions issued , The federal government can appeal , But at least it can be TikTok
Get precious time . of course , The opposite is possible ： Federal court refused to suspend TikTok The ban ,TikTok Choice of appeal .
For this case , American media CNBC
The commentary said , Even if the odds are low , But they can buy more time for themselves through legal channels , More interests , More bargaining chips , This is the practical significance of this lawsuit . meanwhile , Byte skipping also through this move , It shows the attitude and determination of safeguarding rights , To the global market , To investors , Deliver confidence to users .