Justice Dept. Calls TikTok 'Direct Threat' to Privacy and Security of US
Tami Abdollah is dot.LA's senior technology reporter. She was previously a national security and cybersecurity reporter for The Associated Press in Washington, D.C. She's been a reporter for the AP in Los Angeles, the Los Angeles Times and for L.A.'s NPR affiliate KPCC. Abdollah spent nearly a year in Iraq as a U.S. government contractor. A native Angeleno, she's traveled the world on $5 a day, taught trad climbing safety classes and is an avid mountaineer. Follow her on Twitter.
Justice Department lawyers argued in a federal court filing Thursday that TikTok's explosive growth and its relationship to the Chinese Communist Party made the popular social media app "a direct threat to the privacy and security of U.S. persons."
The U.S. Department of Justice filing is in response to a request by one of TikTok's U.S.-based employees for a judge to pause President Trump's ordered ban on TikTok, which would take effect on Sept. 21. The filing is a first look at the U.S. government's arguments against TikTok and its employee's efforts to push back on the ban.
TikTok has found itself in the Trump administration's line of fire over concerns that its China-based parent company, ByteDance Ltd., is sharing the popular app's data with the communist government. On August 6, Trump issued an executive order giving the app 45 days before "transactions" with the platform are banned. Meanwhile, the president has also pushed for a sale of TikTok to a U.S.-based parent company.
Last month TikTok technical program manager Patrick S. Ryan filed his federal lawsuit in the U.S. District Court of the Northern District of California accusing Trump of violating his Constitutional rights and defaming and disgracing U.S.-based TikTok Inc. employees by painting them as working for the Chinese Communist Party.
The government's filing states that Chinese law imposes "broad obligations on citizens and companies to cooperate" with the Chinese Communist government and that they must provide data and technological support to security agencies and the military.
"ByteDance is a Chinese company through and through," the filing argues. "It is headquartered in Beijing, subject to Chinese intelligence laws, contains internal CCP committees, and its founder and CEO has publicly affirmed that the company is committed to promoting the agenda and messaging of the CCP."
The government's Thursday filing asked U.S. District Judge Vince Chhabria, an Obama appointee, to deny Ryan's request for a temporary restraining order, immediately pausing the ban.
TikTok has called the government's allegations against it "speculative" and has said it took "extensive" efforts to address the administration's concerns about national security. The company did not immediately reply to a request for comment, but a spokesman previously told dot.LA that the company has "never provided user data to the Chinese government, nor would we do so if asked."
But because Trump's executive order bans generic "transactions," Ryan argues it's unclear if TikTok Inc. can even pay its 1,500 U.S.-based employees their wages and salaries when it goes into effect later this month.
Ryan's attorneys argue that he and other TikTok employees are in "imminent danger of losing their livelihood through governmental action that has no basis in fact, was politically driven, and afforded (Ryan) no procedural protections," according to court filings.
The U.S. Department of Commerce doesn't need to define the term "transaction" until the day the order takes effect, making it unclear if it will ultimately exempt wages and salaries for employees.
"The 1,500 TikTok employees working in the U.S. and their families will not be able to pay their rent or mortgages, or pay for food, medical treatments, and other essentials of life," Ryan's filing for a temporary restraining order states. "The executive order has offered no evidence that TikTok has breached national security interests, is capable of breaching national security interests or is about to breach national security interests."
Moreover, because Trump's executive order states that any effort to violate it is deemed a "conspiracy," the language could have a "chilling effect" on people going to work and doing their jobs, said Alexander Urbelis, a partner at Blackstone Law Group LLP, which represents Ryan.
The penalties for such a violation are not trivial. A violator can be fined up to $1 million or 20 years in prison.
Many of the 1,500 employees are new, as TikTok expanded from 300 employees a year ago to five times that number today. The order also jeopardizes the immigrant visas of employees in the U.S. on H1B visas that require an employer to sponsor them, the lawsuit alleges.
Ryan's lawsuit is believed to be the first time an employee has sued the president over an executive order, Urbelis said. But Justice Department attorneys argued Thursday that while Ryan is an employee of TikTok, the executive order doesn't directly impact him. They add that Ryan has not alleged that the president "intended to injure him personally," which could give him a case.
"As an employee of a private company, (Ryan) does not have protected property interest in future wages and unearned salary," the government's filing argues.
While Trump's executive order is founded on the government interest of "preventing the PRC (People's Republic of China) from using TikTok to surveil the American people, censor information, sow misinformation, and collect and use 'vast swaths' of personal and proprietary information from American users to advance the PRC's own interests."
Justice Department attorneys argue that the president has discretion over what constitutes a national emergency, and that it is "essentially a political question," not a legal one.
Ryan's attorney, Urbelis, said in a statement Thursday that the government's arguments are an obvious after-the-fact effort to cover for the president's "ill-considered actions."
"The President's own words and the timing of his statements signaled an obvious intention to target and punish TikTok (as part) of the president's tough-on-China political play and because TikTok users have levied trenchant criticisms of the president and his administration," Urbelis said.
In a brief filed Thursday in support of Ryan's lawsuit, the Electronic Frontier Foundation, a digital rights advocacy group, and two TikTok users argued that the executive order has a "direct and arguably intentional effect" on the First Amendment rights of millions of people to communicate free of government interference.
"It is hard to imagine the national security interests that would be compromised by a foreign power knowing viewership data of most of the content on TikTok," the amicus brief states, adding that the order is too broad.
Trump issued a second executive order on Aug. 14 giving ByteDance 90 days to divest itself of its U.S. TikTok operations. Trump has said he supports the potential acquisition of TikTok by Oracle, though ByteDance has reportedly been in talks with multiple interested suitors, including Microsoft and Walmart. Amid those talks, TikTok CEO Kevin Mayer resigned last week.
Do you have a story that needs to be told? My DMs are open on Twitter @latams. You can also email me at tami(at)dot.la, or ask for my contact on Signal, for more secure and private communications.
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Eliminating battery waste, developing new hair growth therapy, fixing carbon dioxide. These are among some of the ambitious problems that companies are trying to solve at the First Look SoCal Innovation Showcase beginning Tuesday.
Hosted by nonprofit Alliance for SoCal Innovation, the online event connects early-stage tech and life science companies with investors and serial entrepreneurs.
BioZen Batteries Aims to Solve Our Energy Storage Issues<img lazy-loadable="true" src="https://dot.la/media-library/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDI0Nzg5MS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYyNTg3OTYyNn0.y9dSMjovB1GtsQ1SZhKiPTIJY3VW0XOE2YXd-JN1xYU/image.jpg?width=980" id="95064" class="rm-shortcode" data-rm-shortcode-id="c3ad9197ad70005802e6d34d6da3c29d" data-rm-shortcode-name="rebelmouse-image" />
Left to right: BioZen Batteries' co-founders Zach Rengert, Nate Kirchhofer and Eric Brigham.<p>Nate Kirchhofer, co-founder and CEO of <a href="https://biozenbatteries.com/" target="_blank">BioZen Batteries</a>, wants to make batteries that will outlive him.</p><p>Santa Barbara-based BioZen creates organic electrolytes, the active material inside a specific type of battery called a "redox flow battery." It's a different type of technology that differs from the lithium batteries often used in mobile applications like cars and phones. Only 5% of those get recycled.</p><p>BioZen's batteries are well suited for green, large-scale energy storage, Kirchhofer said. For example, batteries that help solar panels connect to the grid or provide backup during disasters when the power goes out.</p><p>Kirchhofer, an electrochemist, founded the company in June of 2019 with Zach Rengert, a materials chemist, and Eric Brigham, the company's CFO. Kirchhofer and Rengert met while getting their doctorate at UC Santa Barbara.</p><p>There hasn't yet been a push for sustainable batteries because it isn't economically incentivized, Kirchhofer told dot.LA. He said that his batteries are cheaper than competitors.</p><p>Kirchhofer's product fits into a growing renewable energy market and a social movement in which individuals want to do their part. He's worked for four startups but says this one is poised to make the biggest impact.</p><p>"If it's not our generation that solves climate change, there's not another chance. There's not another Earth." he said. "If we can make these batteries happen, we can truly integrate renewable energy and stop the petroleum-dominated energy paradigm we're part of."</p>
Amplifica's founder Dr. Maksim Plikus
Amplifica Treats Baldness with Mole Molecules<p>Back in 2013, Amplifica's founder Dr. Maksim Plikus began studying hairy moles. Though some find the growths unsightly, his work showed promise for baldness treatment.</p><p>He, along with colleagues at UC Irvine, discovered that molecules from moles that grow excessive hair can induce follicle growth when administered anywhere on the skin.</p><p>"As long as you can tease it out and replicate it in the form of purified molecules, you can achieve essentially what we think would be a novel, revolutionary solution to baldness," Plikus told dot.LA.</p><p>Plikus said his company is the first to solve hair loss by replicating cells from hairy moles to stimulate hair growth. At the moment, hair follicle research has emerged as a leading experimental model for studying stem cells.</p><p>By 2025, hair-loss products are projected to surpass $12 billion, Plikus said. But only two drugs are FDA approved and require daily treatment in the form of pills, which he said come with long-term side effects.</p><p>Amplifica says it's poised to put a more effective and convenient solution on the market. Pinkus' proposed product is a topical solution requiring less frequent application, like getting Botox injections a few times per year.</p>
FixingCO2 Aims to Recycle Fuel from the Air<img lazy-loadable="true" src="https://dot.la/media-library/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDI0ODM4My9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYzMzA1ODA4MH0.9RqwD9zUN1et1kor8zNPj8WH2kOX6SrysdpRDFT5QMc/image.jpg?width=980" id="daa89" class="rm-shortcode" data-rm-shortcode-id="9851b177139c4b5e06bd9c96fb395083" data-rm-shortcode-name="rebelmouse-image" />
FixingCO2's team. CEO Eldar Akhmetgaliyev is at right.<p><a href="https://fixingco2.com/" target="_blank">FixingCO2</a> got its start on Mars. Like the name says, the company aims to fix the global carbon problem that's fueling climate change.</p><p>In 2018, co-founder Alma Zhanaidarova's professor and research group at UC San Diego received a grant from NASA to build out a reactor that makes renewable fuels and chemicals from carbon dioxide, often a byproduct of industrial waste. The technology was being developed in anticipation of a one-day human mission to Mars, where 95% of the atmosphere is carbon dioxide.</p><p>Now, the San Diego-based startup is commercializing their product for earthlings.</p><p>"It's a different application but the same core technology," co-founder Eldar Akhmetgaliyev told dot.LA. "Instead of making fuels from oil or any other fossil sources, we can make them essentially from air."</p><p>The team is developing the hardware to capture industrial emissions blamed for much of the Earth's warming. The product has significant application for the aviation industry, where planes are built to burn jet fuel that produces carbon emissions.</p><p>"These kinds of technologies provide them a pathway to decarbonization," he said. "They can use fuels made from CO2 so they're not contributing to climate change."</p><p>As fires burn through California and the Pacific Northwest, Akhmetgaliyev said there's urgency for innovators in the carbon tech market. "We're pretty much turning our planet into Mars," he said.</p><p>He said that by 2050, about 14% of overall carbon reduction will come from carbon capture and utilization (CCUS) technology like his.</p><p>"The market hasn't met its opportunity and with the effects of climate change being seen everyday, there's going to be more drive towards these low carbon technologies."</p>
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More than a year ago, Darius Kemp, then a community manager at cannabis delivery app Eaze, realized the platform didn't have any Black-owned products on their menu.
Today he is Eaze's head of equity and change, spearheading a program for change and to prevent that from ever happening again.
Carolina Vazquez Mitchell's company dreamt is part of Eaze's new social equity partner menu.