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TikTok on the Clock: US Appeals Court Hits the “Ban” Button

Published

10 months ago

12 minute read

 

 

By Christina Maas

The winds of Washington are blowing icy cold for TikTok this December. A federal appeals court panel handed down a ruling today that could send the app packing— or at least force it into a kind of corporate divorce.

The US Court of Appeals for the District of Columbia Circuit has today declared the law threatening TikTok’s existence to be totally constitutional, leaving the platform to fight for its digital life. In short, TikTok has until mid-January to break ties with its Beijing-based parent, ByteDance, or risk an outright ban in the United States.

TikTok responded with the following statement:

“The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue. Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people. The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the US and around the world on January 19th, 2025.”

The Free Speech Shuffle

TikTok played the First Amendment card, arguing that banning the platform would stomp on Americans’ free speech rights. But the court wasn’t having it, throwing in a little verbal aikido about protecting actual freedom.

“The First Amendment exists to protect free speech in the United States,” the court wrote, presumably while straightening its tie in a metaphorical mirror. “Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.”

Translation: TikTok, it’s not you — it’s China.
TikTok has been accused of being influenced by the Chinese Communist Party.
ByteDance’s Legal Tango

TikTok and its parent company, ByteDance, is already planning to appeal to the Supreme Court because apparently, they’re gluttons for punishment. And hey, why not? When you’re staring down a deadline that could nuke your entire US business, you either fight or fold.

But here’s where it gets interesting: the same President-elect Donald Trump who once tried to fire TikTok like it was a contestant on The Apprentice now says he’s against a ban. Trump has promised to swoop in and “save” the platform during his second term.

The law itself was signed by President Joe Biden in April, marking a rare bipartisan moment in a town otherwise allergic to cooperation. For years, Washington has been gnashing its teeth over TikTok’s ties to the Chinese government, accusing the app of being a national security threat disguised as a dance challenge factory.

Of course, critics argue this is about power. TikTok’s cultural dominance has made it an unpredictable disruptor, threatening not only Big Tech’s grip on social media but also giving the average American teen more clout than your local senator.

Government officials argue that the app’s voracious appetite for user data could lead to sensitive information, from browsing histories to biometric identifiers, being vacuumed up by the Chinese communist government. But the main issue? The proprietary algorithm, that magical machine-learning potion that keeps you scrolling at 2 a.m., is painted as a weapon of influence — a subtle but powerful propaganda tool ready to tweak your feed for Beijing’s benefit.

Except, there’s a catch: a good chunk of the government’s evidence for these claims is locked behind classified curtains. TikTok’s attorneys — and by extension the American public — are left in the dark.
More than 170 million Americans use TikTok.
TikTok Fights Back

TikTok has steadfastly denied being a Chinese Trojan horse, insisting that no evidence exists to prove they’ve ever handed over data to Beijing. As for the algorithm? TikTok says any suggestion of manipulation is pure speculation. Their legal team hammered home that the government’s arguments rely on what might happen in the future — a slippery foundation for ripping apart a platform that’s glued to the cultural zeitgeist.

But the Department of Justice isn’t just playing futurist. It has hinted — vaguely and ominously — at unspecified past actions by TikTok and ByteDance in response to Chinese government demands. The key word here is “unspecified,” because whatever receipts the DOJ might have, they’re conveniently out of reach for TikTok’s lawyers, the media, or anyone else.

A Courtroom Tango: First Amendment vs. National Security

The appeals court panel, a politically mixed trio of judges, seemed as torn as the rest of us about how far Uncle Sam can stretch its First Amendment arguments to justify banning an app with foreign ties. Over two hours of oral arguments in September, the judges volleyed tough questions at both sides.

Can the government really shut down a platform just because it’s foreign-owned? the judges asked, channeling TikTok’s core argument. On the flip side: What happens if this platform turns into a covert disinformation campaign during wartime? they wondered, invoking wartime-era laws restricting foreign ownership of broadcast licenses.

Both sides twisted themselves into legal yoga poses. TikTok’s lawyer, Andrew Pincus, argued that a private company — even one with foreign owners — deserves constitutional protections. The DOJ’s Daniel Tenny countered that the government has a duty to head off potential foreign interference, even if the threat isn’t fully realized yet.

$2 Billion in Data Defenses

TikTok itself hasn’t just been sitting back while lawyers spar. The company claims it’s invested over $2 billion to fortify its US data, including setting up Project Texas — a heavily marketed initiative to store American user data on servers managed by Oracle. ByteDance has also floated the idea of a comprehensive draft agreement that it says could have eased Washington’s fears years ago.

But according to TikTok, the Biden administration ghosted them, walking away from the negotiating table without offering a viable path forward. The DOJ insists the draft didn’t go far enough, but skeptics wonder if the government’s hardline stance is less about national security and more about flexing control over Big Tech.

Divestment Drama

Washington’s solution to the TikTok dilemma sounds deceptively simple: ByteDance should sell the US arm of TikTok. However attorneys for the company argue that such a divestment would be a logistical and commercial nightmare. And without TikTok’s algorithm—intellectual property that Beijing is unlikely to let go of—the app would lose its magic. Imagine TikTok without its eerily intuitive feed: it’d be MySpace 2.0, a ghost town for millennials waxing nostalgic.

Still, some sharks smell blood in the water. Billionaire Frank McCourt and former Treasury Secretary Steven Mnuchin have rallied a consortium with over $20 billion in informal commitments to snap up TikTok’s US operations.
A Perfect Storm of Lawsuits

TikTok isn’t going down without a fight and it’s bringing allies to the battlefield. The company’s legal challenge has been bundled with lawsuits from several content creators, who argue that losing the platform would gut their livelihoods, and conservative influencers who claim a ban would silence their political speech. TikTok, ever the sugar daddy, is footing the legal bills for its creators — a savvy PR move if ever there was one.

The Clock is Ticking

If TikTok’s Hail Mary appeal to the Supreme Court fails, it’ll be up to President Trump’s Justice Department to enforce the ban. That means app stores would have to scrub TikTok from their offerings, and hosting services would be barred from supporting it.

And what happens to the millions of creators, small businesses, and teenagers who’ve turned TikTok into a cultural juggernaut? Well, they’ll probably migrate to Instagram Reels or YouTube Shorts—platforms that coincidentally happen to be owned by US tech giants who’ve been salivating at the thought of TikTok’s demise.

This is far from over.
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Finance Titans May Have Found Trojan Horse For ‘Climate Mandates’

Published on October 14, 2025

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From the Daily Caller News Foundation

By Audrey Streb

Major global asset managers including BlackRock and Blackstone have been looking to buy power utilities across America in a move that some industry insiders warn could harm consumers, raise electricity costs and advance a climate-driven energy agenda.

In recent months, Blackstone reportedly sought regulatory approval to buy utilities in New Mexico and Texas all while a BlackRock-led group won approval Friday to purchase a major utility in Minnesota. While BlackRock and other huge asset managers have distanced themselves from environmental, social and governance (ESG) investment practices in recent years, some energy experts and consumer advocates that spoke to the Daily Caller News Foundation are concerned that buying up utilities may represent a new frontier of financial giants orchestrating “climate mandates.”

“BlackRock isn’t just influencing utilities anymore, they’re buying them. After years of ESG-driven coercion that pushed utilities to abandon reliable energy in favor of China-dependent renewables, BlackRock is now taking direct control. The result will be more of the same: higher costs, weaker grids, and millions in unpaid bills, all driven by the very climate mandates they lobbied for,” Jason Isaac, CEO of the American Energy Institute, told the DCNF. “Minnesotans should brace for more unreliable power, rising rates, and a media narrative that blames Trump for ending taxpayer-funded handouts instead of holding the woke politicians and Wall Street elites responsible for the crisis.”

Electricity demand is on the rise after years of stagnancy as the artificial intelligence (AI) race ushers in the build out of power-hungry data centers. Utility costs are also spiking as demand takes off in a trend that dates back to the Biden administration.

Against this backdrop, private investment titans like BlackRock and Blackstone are reportedly moving to buy power utility companies and invest in data center expansions and startups.

Minnesota recently granted the BlackRock-led group known as Global Infrastructure Partners (GIP) approval to buy one of the state’s major power utilities, Allete. GIP is also reportedly on the cusp of acquiring the major energy company, AES, according to sources familiar with the matter that spoke with Reuters. The Financial Times reported that the deal may be for $38 billion.

BlackRock referred the DCNF to Allete’s statement on regulators approving its partnership with GIP and declined to comment further for this story.

Allete’s statement notes that the impending partnership with the BlackRock-led group includes “guaranteed access to capital to fund ALLETE’s five-year plan for advancing transmission and renewable energy goals [and a] $50 million Clean Firm Technology Fund to support regional clean-energy projects and partnerships.”

The Federal Energy Regulatory Commission (FERC) renewed BlackRock’s ability to own up to 20% of utility voting shares in April, with former FERC Commissioner Mark Christie stating that BlackRock “pledged not to use its holdings to influence utility management” and that utilities need the access to capital.

Christie also warned in September 2024 that “this is an issue that deserves much greater scrutiny” and that “the influence that large shareholders, BlackRock or otherwise, can potentially exert across the consumer-serving utility industry should not be underestimated.”

Blackstone has reportedly sought regulatory approval to buy out the Public Service Company of New Mexico and Texas New Mexico Power Co. recently, according to The Associated Press. The asset management giant also secured a 19.9% stake in a Northern Indiana public utility for over $2 billion in January 2024.

“Blackstone’s sustainability strategy prioritizes accelerating decarbonization by investing in the energy transition and driving value accretive emissions reduction in our portfolio,” Blackstone’s 2024 sustainability report states. “We believe the transition to cleaner energy creates meaningful investment opportunities for private capital. For over a decade, we have pursued attractive investments in companies and assets that are part of the global energy transition as part of our broader energy investing strategy.”

Blackstone also announced on Sept. 15 that private equity funds affiliated with Blackstone Energy Transition Partners will acquire the Pennsylvania-based Hill Top Energy Center natural gas plant for almost $1 billion. The company also announced in July that funds managed by Blackstone Infrastructure and Blackstone Real Estate would invest over $25 billion to help build out Pennsylvania’s energy infrastructure to support the AI “revolution.”

“Renewable” energy goals and ESG investment tend to align with emissions-reduction targets, with some power companies, utilities and states that set goals to cut emissions striving to retire conventional energy sources like coal plants. Isaac added that companies like American Electric Power, in which BlackRock owns a significant stake, have been decommissioning coal plants and replacing them with intermittent sources like solar.

“What happens is when the wind stops blowing and the sun stops shining, then you have to ramp those generational assets back up, and that’s when price spikes happen,” Isaac said.

University of North Carolina at Chapel Hill professor of finance Greg Brown told the AP that the reason behind these buyouts are “very simple. Because there’s a lot of money to be made.”

Other experts devoted to consumer protection like Executive Director of Consumers’ Research Will Hild told the DCNF that investment companies like BlackRock stand to gain more than just a profit from these purchases.

“There is no world in which BlackRock’s ownership of American energy benefits ordinary American consumers,” Hild told the DCNF. “This is the same firm that proudly brought us the radical ESG rules and Net-Zero nonsense that forced all our energy bills to skyrocket. We wouldn’t have the scourge of woke capitalism without Larry Fink, who already controls nearly $13 trillion in assets and has been sued for violating anti-trust laws.”

ESG investors weigh a company by its social and environmental choices as well as its finances in a move that critics say bogs down businesses with new costs while doing little to combat climate change. One August 2023 InfluenceMap report showed that as Republicans at the state level and in Congress ramped up their opposition to ESG-focused practices, BlackRock and other major U.S. asset managers decreased their support for climate-related resolutions.

BlackRock CEO Larry Fink also said in June 2023 that he no will no longer use the term ESG because it has been “politicized,” less than a year after he noted that climbing energy prices are “accelerating” the green energy transition.

“BlackRock has backpedaled on its ESG messaging and its aggressive, unapologetic imposition of ESG on everything they touch. But the leopard hasn’t changed its spots,” President of the Heartland Institute James Taylor told the DCNF. “It still has the same management group with the same values, and it’s still doing whatever it can to impose ESG on everything it touches, in actuality, if not in name.”

Taylor argued that whether BlackRock buys or acquires a large stake of a utility, it “can now assert itself over legislatures in dictating energy policy.”

Notably, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) threw their weight behind an antitrust lawsuit against major asset managers that alleges the firms colluded to tank coal production with their embrace of zero-emissions goals in May.

The lawsuit, backed by 11 state attorneys general, alleges that BlackRock and multiple other asset managers used their market power to suppress coal production, thereby hurting consumers by causing the price of coal to climb.

The DOJ and FTC’s “support for this baseless case undermines the Trump Administration’s goal of American energy independence,” a BlackRock spokesperson previously told the DCNF. “As we made clear in our earlier motion to dismiss, this case is trying to re-write antitrust law and is based on an absurd theory that coal companies conspired with their shareholders to reduce coal production.”

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UN, Gates Foundation push for digital ID across 50 nations by 2028

Published on October 13, 2025

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From LifeSiteNews

By Tim Hinchliffe

With 30 nations enrolled, the UN and Gates Foundation’s digital ID campaign signals accelerating efforts to create a global digital infrastructure that centralizes identity and data.

The 50-in-5 campaign to accelerate digital ID, fast payment systems, and data exchanges in 50 countries by 2028 reaches a 30 country milestone.

Launched in November 2023, the 50-in-5 campaign is a joint effort of the United Nations, the Bill and Melinda Gates Foundation, and their partners to rollout out at least one component of Digital Public Infrastructure (DPI) in 50 nations within five years.

DPI is a civic technology stack consisting of three major components: digital ID, fast payment systems, and massive data sharing between public and private entities.

50-in-5 started with 11 first-mover countries, and with the count now at 30 the participating countries include:

Bangladesh, Brazil, Cambodia, Dominican Republic, Estonia, Ethiopia, France, Guatemala, Jamaica, Kazakhstan, Lesotho, Malawi, Mexico, Moldova, Nigeria, Norway, Senegal, Sierra Leone, Singapore, Sri Lanka, South Africa, South Sudan, Somalia, Togo, Trinidad and Tobago, Uganda, Ukraine, Uruguay, Uzbekistan, and Zambia.

The 50-in-5 campaign celebrated its 30-country milestone during a sideline event at the U.N. General Assembly in New York on September 22.

There, government officials, like Ukraine’s deputy prime minister, praised the work of 50-in-5 while the ministers of digital economy from Nigeria and Togo called for an interoperable digital identity system for the entire African continent.

“Nations want to maintain their own ID databases, but I think we have a unique opportunity to apply strong data exchange system interoperability,” said Tijani.

“I think a digital identity system that can go with you wherever you are going on the African continent would be a fantastic example,” he added.

In March 2025, the Nigerian government published a framework to develop national Digital Public Infrastructure that would leverage digital ID to track and trace “key life events” of every citizen from the cradle to the grave.

“Throughout a citizen’s life, from birth to old age, there are marked moments of significant life events requiring support or service from the government,” the paper begins.

“Some of these services include registration of births, antenatal healthcare, vaccines, school enrollment, scholarships, health insurance for business registrations, filing of taxes, etc.”

These “life events” require every citizen to have a digital ID:

The Federal Government of Nigeria is on a mission to appropriately deploy digital technology to support Nigerians through these significant and profound moments so they can integrate into the state and enjoy the benefits of citizenhood from cradle to old age.

Back at the 50-in-5 milestone event, Togo’s Minister of Digital Economy and Transformation Cina Lawson called for a free, cross-border, interoperable digital ID powered by the Modular Open Source Identity Platform (MOSIP).

MOSIP is a Gates-funded platform that “helps govts & other user organizations implement a digital, foundational identity system.”

Said Lawson, “We’ve initiated conversations with our neighbors, namely Benin, to have interoperability of our ID systems, but also Burkina Faso and other countries such as Senegal, because we’re using MOSIP platform, so what we do is that we host meetings of countries that are interested the platform, so that we could see how we [are] operating it and so on.”

“Our ID system, using the MOSIP platform, is really the ID that the majority of the Togolese will have because first of all it’s free, it doesn’t require to show proof of citizenship, and so on, so that is the ID card of the poorest of the Togolese,” she added.

Lawson also spoke at the 50-in-5 launch event in November 2023, where she explained that Togo’s DPI journey began with the arrival of COVID-19.

First, the government set up a digital payments system within 10 days.

“We deployed it, and we were able to pay out 25 percent of all Togolese adults, and we distributed $34 million that the most vulnerable Togolese received directly through their mobile phones,” said Lawson.

Then, came vaccine passports.

“We created a digital COVID certificate. All of a sudden, the fight against the pandemic became really about using digital tools to be more effective,” she added at the time.

To get an idea where DPI is heading, Ukraine’s Deputy Prime Minister Myhailo Fedorov gave a pre-recorded speech for the 50-in-5 milestone event, saying that his country was successful in building “the state in a smartphone” via the DIIA app, which had reached 23 million users.

“For every citizen, government should be simple, convenient, nearly invisible, and accessible in just a few clicks,” said Fedorov.

“Today, 23 million people use the DIIA app […] Since the launch of DIIA in 2020, Ukrainians and the state have saved about $4.5 billion to date.”

“This is the combined anti-corruption and economic effect of digitalizing services.”

“For us, it’s powerful proof of DIIA’s efficiency and the real impact of building a digital state,” he added.

Speaking at the World Economic Forum (WEF) Global Technology Governance Summit on April 7, 2021, Fedorov told the panelists of the “Scaling Up Digital Identity Systems” session, that it was Ukraine’s goal to “enable all life situations with this digital ID.”

“The pandemic has accelerated our progress […] People have no choice but to trust technology,” Fedorov said at the time.

“We have to make a product that is so convenient that a person will be able to disrupt their stereotypes, to break through from their fears, and start using a government-made application,” he added.

The 50-in-5 campaign is a collaboration between the Bill and Melinda Gates Foundation, the United Nations Development Program, the Digital Public Goods Alliance, the Center for Digital Public Infrastructure, and Co-Develop; with support from GovStack, the Inter-American Development Bank, and UNICEF.

The Center for Digital Public Infrastructure is backed by Co-Develop and Nilekani Philanthropies.

Nandan Nilekani is one of the architects of India’s digital identity system, Aadhaar.

Co-Develop was founded by The Rockefeller Foundation, the Bill & Melinda Gates Foundation, Nilekani Philanthropies, and the Omidyar Network.

The Omidyar Network is a funder of MOSIP.

The Digital Public Goods Alliance lists both the Gates and Rockefeller foundations in its roadmap showcasing “activities that advance digital public goods,” along with other organizations and several governments.

At last year’s Summit of the Future, 193 nations agreed to the non-binding “Pact for the Future,” which dedicates a section in its annex, the “Global Digital Compact,” to implement DPI in member states.

One year later, the U.K. announced it was going to force Britons into mandatory digital ID schemes under the guise of combatting illegal immigration.

Reprinted with permission from The Sociable.

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