TIKTOK INC. et al v. TRUMP et al
Filing
15
MOTION for Preliminary Injunction MOTION to Expedite by BYTEDANCE LTD., TIKTOK INC. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Text of Proposed Order)(Hall, John). Added MOTION to Expedite on 9/24/2020 (zeg).
Case 1:20-cv-02658-CJN Document 15-18 Filed 09/23/20 Page 1 of 4
EXHIBIT 12
Case 1:20-cv-02658-CJN Document 15-18 Filed 09/23/20 Page 2 of 4
48637
Presidential Documents
Federal Register
Vol. 85, No. 155
Tuesday, August 11, 2020
Title 3—
Executive Order 13942 of August 6, 2020
The President
Addressing the Threat Posed by TikTok, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Communications Technology
and Services Supply Chain
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United
States Code,
I, DONALD J. TRUMP, President of the United States of America, find
that additional steps must be taken to deal with the national emergency
with respect to the information and communications technology and services
supply chain declared in Executive Order 13873 of May 15, 2019 (Securing
the Information and Communications Technology and Services Supply
Chain). Specifically, the spread in the United States of mobile applications
developed and owned by companies in the People’s Republic of China
(China) continues to threaten the national security, foreign policy, and economy of the United States. At this time, action must be taken to address
the threat posed by one mobile application in particular, TikTok.
TikTok, a video-sharing mobile application owned by the Chinese company
ByteDance Ltd., has reportedly been downloaded over 175 million times
in the United States and over one billion times globally. TikTok automatically
captures vast swaths of information from its users, including internet and
other network activity information such as location data and browsing and
search histories. This data collection threatens to allow the Chinese Communist Party access to Americans’ personal and proprietary information—
potentially allowing China to track the locations of Federal employees and
contractors, build dossiers of personal information for blackmail, and conduct
corporate espionage.
TikTok also reportedly censors content that the Chinese Communist Party
deems politically sensitive, such as content concerning protests in Hong
Kong and China’s treatment of Uyghurs and other Muslim minorities. This
mobile application may also be used for disinformation campaigns that
benefit the Chinese Communist Party, such as when TikTok videos spread
debunked conspiracy theories about the origins of the 2019 Novel
Coronavirus.
These risks are real. The Department of Homeland Security, Transportation
Security Administration, and the United States Armed Forces have already
banned the use of TikTok on Federal Government phones. The Government
of India recently banned the use of TikTok and other Chinese mobile applications throughout the country; in a statement, India’s Ministry of Electronics
and Information Technology asserted that they were ‘‘stealing and surreptitiously transmitting users’ data in an unauthorized manner to servers which
have locations outside India.’’ American companies and organizations have
begun banning TikTok on their devices. The United States must take aggressive action against the owners of TikTok to protect our national security.
Accordingly, I hereby order:
Section 1. (a) The following actions shall be prohibited beginning 45 days
after the date of this order, to the extent permitted under applicable law:
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Federal Register / Vol. 85, No. 155 / Tuesday, August 11, 2020 / Presidential Documents
any transaction by any person, or with respect to any property, subject
` ´
to the jurisdiction of the United States, with ByteDance Ltd. (a.k.a. Zıjie
` `
Tiaodong), Beijing, China, or its subsidiaries, in which any such company
has any interest, as identified by the Secretary of Commerce (Secretary)
under section 1(c) of this order.
(b) The prohibition in subsection (a) of this section applies except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted before the date
of this order.
(c) 45 days after the date of this order, the Secretary shall identify the
transactions subject to subsection (a) of this section.
Sec. 2. (a) Any transaction by a United States person or within the United
States that evades or avoids, has the purpose of evading or avoiding, causes
a violation of, or attempts to violate the prohibition set forth in this order
is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 3. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a government or instrumentality of such
government, partnership, association, trust, joint venture, corporation, group,
subgroup, or other organization, including an international organization;
and
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States.
Sec. 4. The Secretary is hereby authorized to take such actions, including
adopting rules and regulations, and to employ all powers granted to me
by IEEPA as may be necessary to implement this order. The Secretary
may, consistent with applicable law, redelegate any of these functions within
the Department of Commerce. All departments and agencies of the United
States shall take all appropriate measures within their authority to implement
this order.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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48639
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
August 6, 2020.
[FR Doc. 2020–17699
Filed 8–10–20; 11:15 am]
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Trump.EPS
Billing code 3295–F0–P
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