Federal choose calls Indiana legal professional basic’s TikTok lawsuit largely ‘political posturing’

INDIANAPOLIS — The destiny of the Indiana legal professional basic’s lawsuit in opposition to the social media firm TikTok is unsure after a federal choose lambasted a lot of the case as “political posturing.”

While U.S. District Judge Holly Brady dominated in opposition to TikTok’s request to maneuver the case to federal court docket, that call leaves the lawsuit introduced by Republican Attorney General Todd Rokita within the fingers of a county choose who final month dominated in opposition to Rokita on two key factors. The state legal professional basic claims the Chinese-owned video-sharing platform misleads customers about its stage of inappropriate content material and in regards to the safety of shopper data. A county choose has already stated the legal professional basic is flawed to categorise downloading TikTok as a shopper transaction as a result of no cash is exchanged, and that Indiana lacks standing within the case as a result of each TikTok and Apple – the corporate the place individuals obtain the app – are primarily based in California.

The most up-to-date blow got here May 23, when Brady wrote in a call that “more than 90% of the (lawsuit) was devoted to irrelevant posturing.”

“When one wades through the political posturing and finds that legal claim, the inescapable conclusion is that the claim rises and falls on matters particular to state law,” Brady, a Fort Wayne, Indiana-based choose nominated by then-President Donald Trump, wrote. “The federal intrigue interjected by Indiana may interest its intended audience — one beyond the courthouse wall — but it is irrelevant to the determination of this case.”

Indiana’s lawsuit, which was filed in December, makes arguments just like these by many state and federal lawmakers and authorities officers who’ve stated they fear that the Chinese authorities might harvest U.S. person information from TikTok and use the platform to push pro-Beijing misinformation or messages to the general public. TikTok, which is owned by the Chinese tech large ByteDance, has stated it has by no means been requested at hand over its information to the Chinese authorities and has denied Indiana’s claims about inappropriate content material.

The state legal professional basic’s workplace didn’t instantly remark Monday on Brady’s determination or the lawsuit’s future. TikTok’s attorneys and the ByteDance media workplace didn’t instantly reply to requests for remark both.

Brady’s determination retains the lawsuit in state courts, the place a choose final month denied Rokita’s request for a preliminary injunction prohibiting TikTok from stating in on-line app shops that it has “none” or “infrequent/mild” references to medication, sexual or different inappropriate content material for kids as younger as 12.

Judge Craig Bobay of Allen County Superior Court in Fort Wayne additionally dominated that downloading TikTok’s free app doesn’t quantity to a shopper transaction and stated the legal professional basic’s workplace was unlikely to win at trial.