This undated photo shows Chinese social-media app Tiktok being downloaded onto a mobile phone. (PHOTO/BLOOMBERG)

TikTok asked a judge to block the Trump administration from enacting a ban on the Chinese social-media network, as the company brought a geopolitical fight over technology and trade into a US courtroom.

Trump exceeded his authority when he moved to ban the app, and did so for political reasons rather than to stop an “unusual and extraordinary threat” to the US, as the law requires, according to the complaint

TikTok and its parent company, ByteDance Ltd, filed a complaint in Washington federal court late Friday night challenging US President Donald Trump’s executive order that would block US companies from doing business with them.

READ MORE: Trump to block US downloads of TikTok, WeChat starting Sunday

Trump exceeded his authority when he moved to ban the app, and did so for political reasons rather than to stop an “unusual and extraordinary threat” to the US, as the law requires, according to the complaint. TikTok also said the ban violates the company’s First Amendment free speech rights.

Trump’s actions would “destroy an online community where millions of Americans have come together to express themselves,” according to the complaint. The company also claims that the US Commerce Department “ignored evidence” showing TikTok’s commitment to privacy and security of its American users.

Trump issued the order abruptly after stating that TikTok didn’t “have any rights” and that he would ban the app if ByteDance didn’t pay the US to secure government approval of a sale of its US operations -- which the president later admitted would be unlawful, according to the complaint.

The suit comes as Trump steps up his campaign against China, betting that a hard line against Beijing will help him win November’s election despite upsetting millions of younger TikTok users. US Secretary of State Michael Pompeo has urged American companies to bar Chinese applications from their app stores, part of his “Clean Network” guidance designed to prevent authorities in China from accessing personal data of US citizens.

The order followed an investigation by the Committee on Foreign Investment in the US, which reviews proposed acquisitions of domestic businesses by overseas investors for national security concerns.

TikTok said it offered alternatives to the president’s ban to address US concerns but that on Friday the Commerce Department “mandated the destruction of TikTok in the United States.”

Courts generally do not review the president’s determinations on questions of national security.

 James Dempsey  executive director, Berkeley Center for Law and Technology, University of California at Berkeley

'Disappointed'

The company said Friday that it was disappointed with the US Commerce Department's latest decision.

"We disagree with the decision from the Commerce Department, and are disappointed that it stands to block new app downloads from Sunday and ban use of the TikTok app in the US from November 12," a TikTok representative said in a statement acquired by Xinhua.

READ MORE: China opposes US ban on TikTok, WeChat

"Our community of 100 million US users love TikTok because it's a home for entertainment, self-expression, and connection," the Los Angeles-based tech company said, "and we're committed to protecting their privacy and safety as we continue working to bring joy to families and meaningful careers to those who create on our platform."

Any lawsuit challenging such executive orders will face an uphill fight, according to James Dempsey, executive director of the Berkeley Center for Law and Technology at the University of California at Berkeley.

“Courts generally do not review the president’s determinations on questions of national security,” Dempsey said before the case was filed.

Lobbyists took case against ban

Meanwhile, TikTok lobbyists told Trump campaign officials that an all-out ban on the app could sour millions of voters against him in the November election, taking aim at one of the president’s top concerns, according to people familiar with the matter.

TikTok lobbyists reportedly told Trump campaign officials that an all-out ban on the app could sour millions of voters against him in the November election, taking aim at one of the president’s top concerns

TikTok walked campaign officials through how the app works in detail and explained that the platform has 100 million US users, many of whom are of voting age, said one of the people, all of whom asked not to be named because they weren’t unauthorized to speak publicly on the matter.

The recent briefings also pointed out that TikTok’s largest markets are key battleground states for the 2020 election, including Florida. The TikTok lobbyists also shared data on how young Trump supporters have grown increasingly active on the app, the person familiar said.

Videos with the #Trump2020 hashtag have notched 10.3 billion views on the app, compared to 2 billion views for #Biden2020.

After President Donald Trump threatened to ban TikTok last month, the app was flooded with videos of users crying and telling their friends to go out and vote against Trump in retaliation for taking aim at their digital hangout.

It’s unclear if the Trump campaign shared considerations about TikTok’s influence over voters with the president or administration officials. 

A 'wake-up' call

Last month, TikTok sued the US administration to block an executive order issued on Aug 6 to ban US transactions with ByteDance, arguing it is unconstitutional. Trump, US Secretary of Commerce Wilbur Ross and the Department of Commerce were listed as defendants in the 39-page indictment.

In this file photo taken on Aug 27, 2020, the TikTok logo is displayed in front of a TikTok office on Aug 27, 2020 in Culver city, California. (MARIO TAMA / GETTY IMAGES NORTH AMERICA / AFP)

United States District Court for the Central District of California, located in Los Angeles, accepted TikTok's claim on Aug 24, but there is no schedule for hearing.

A US TikTok ban would be quite bad for Instagram, Facebook, and the internet more broadly.

Adam Mosseri, head of Instagram 

Dan Roules, managing partner of the Shanghai Office of Squire Patton Boggs, said the TikTok case would be a "wake-up" call to Chinese companies and the global internet industry.

"Even if the US wins the litigation, there is some risk that the US government will be perceived by the global industry to have acted arbitrarily against ByteDance/TikTok. That could have longer term repercussions for the industry in the US and make other foreign investors more hesitant," he said.

ALSO READ: WeChat, TikTok bans dent US law's credibility

Adam Mosseri, head of Instagram, an American photo and video sharing social networking service owned by Facebook, said Friday that the latest decision is a bad news for the global internet industry.

"A US TikTok ban would be quite bad for Instagram, Facebook, and the internet more broadly," he tweeted Friday morning. Vanessa Pappas, interim CEO of TikTok, echoed Mosseri's remarks one hour later.

"We agree that this type of ban would be bad for the industry. We invite Facebook and Instagram to publicly join our challenge and support our litigation. This is a moment to put aside our competition and focus on core principles like freedom of expression and due process of law," Pappas tweeted.

"If you're skeptical keep in mind that most of the people who use Instagram are outside the US, as is most of our potential growth. The long-term costs of moods countries making aggressive demands and banning us over the next decade outweigh slowing down one competitor today," Mosseri posted a new message on his official Twitter page.

With Xinhua inputs