December 27, 2024 Attorney General Miyares Urges SCOTUS to Uphold Divest Or Ban Law Against TikTok

Attorney General Miyares Urges SCOTUS to Uphold Divest-Or-Ban Law Against TikTok

RICHMOND, VA - Virginia Attorney General Jason Miyares today filed an amicus brief with the United States Supreme Court supporting a federal statute addressing the national security and data privacy threats posed by TikTok. The Court is scheduled to hear arguments on the case on January 10, 2025.

In April 2024, the bipartisan Protecting Americans From Foreign Adversary Controlled Applications Act became law. The Act prohibits TikTok's operation in the United States unless its Chinese-owned parent company, ByteDance, sells its stake in the platform. In response, ByteDance and TikTok sued the federal government, but a federal appeals court upheld the law earlier this month, citing national security concerns.

"Allowing TikTok to operate in the United States without severing its ties to the Chinese Communist Party exposes Americans to the undeniable risks of having their data accessed and exploited by the Chinese Communist Party. Virginians deserve a government that stands firm in protecting their privacy and security," said Virginia Attorney General Jason Miyares. "The Supreme Court now has the chance to affirm Congress's authority to protect Americans from foreign threats while ensuring that the First Amendment doesn't become a tool to defend foreign adversaries' exploitative practices."

Whistleblower reports and leaked documents reveal that ByteDance has given the Chinese Communist Party (CCP) access to sensitive U.S. user data, including locations, facial recognition data, and browsing habits. ByteDance employees in Beijing allegedly maintain "backdoor" access to this data, while CCP affiliates hold "superuser" credentials, enabling potential espionage against public officials, journalists, and others deemed adversarial to its interests.

States play a critical role in safeguarding consumer privacy, yet TikTok presents unique challenges due to its CCP affiliations and extensive data collection practices. While states, including Virginia, have initiated investigations into TikTok's business practices, the platform has routinely obstructed these efforts by failing to preserve records and withholding critical evidence.

The Virginia Attorney General Jason Miyares co-led this amicus brief with Montana Attorney General Austin Knudsen. The following states joined Virginia and Montana's coalition: Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, and Utah.

Click here to read the brief.

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