[Chapter-delegates] TikTok Ban. How should ISOC respond?

[Dan York]

On Dec 9, 2024, at 9:07 AM, Dr. Joseph Lorenzo Hall via Chapter-delegates <chapter-delegates at elists.isoc.org> wrote:

We are closely monitoring the current situation in the USA, particularly since TikTok may appeal to the US Supreme Court.

I’ll note that this continues to unfold with TikTok filing an emergency motion today for an injunction to stop the law from taking effect while they appeal to the US Supreme Court:

- BBC: https://www.bbc.com/news/articles/c5yx7e2lx3yo
- TikTok: https://newsroom.tiktok.com/en-us/tiktok-files-emergency-motion-for-injunction

The US Department of Justice of course filed a letter saying that the appeals court should reject the injunction request.

TikTok’s full filing is interesting reading for those wanting to dive into detail: https://storage.courtlistener.com/recap/gov.uscourts.cadc.40861/gov.uscourts.cadc.40861.1208687888.0.pdf

As far as the next steps, the filing from TikTok includes this information:
——
Petitioners respectfully request a decision no later than December 16, 2024, to ensure time to seek emergency relief from the Supreme Court if necessary. The parties have agreed on the following schedule: Petitioners filed this motion by 10:00 a.m. on December 9; the Government will file any response by December 11; Petitioners will file any reply by December 12.
——
So if the DC Court of Appeals goes along with that request, there should be a decision about the injunction by next Monday.  This would presumably determine whether TikTok has more time (if injunction is granted) for an appeal to the US Supreme Court, or if they need to make an emergency appeal.

Not-a-lawyer-but-watching-with-fascination,
Dan

--
Dan York, Senior Advisor  |  Internet Society
york at isoc.org | +1-603-439-0024 | https://mastodon.social/@danyork

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